Rainmaker Retreat: Law Firm Marketing Boot Camp

The National Law Review is pleased to bring you information about the upcoming Law Firm Marketing Boot Camp:

WHY SHOULD YOU ATTEND?

Have you ever gone to a seminar that left you feeling motivated, but you walked out with little more than a good feeling? Or taken a workshop that was great on style, but short on substance?

Ever been to an event that was nothing more than a “pitch fest” that left a bad taste in your mouth? We know exactly how you feel. We have all been to those kinds of events and we hate all those things too. Let me tell you right up front this is not a “pitch fest” where speaker after speaker gets up only trying to sell you something.

We have designed this 2 day intensive workshop to be content rich, loaded with practical content.

We are so confident you will love the Rainmaker Retreat that we offer a 100% unconditional money-back guarantee! At the end of the first day of the Rainmaker Retreat if you don’t believe you have already received your money’s worth, simply tell one of the staff, return your 70-page workbook and the CD set you received and we will issue you a 100% refund.

We understand making the decision to attend an intensive 2-day workshop is a tough decision. Not only do you have to take a day off work (all Rainmaker Retreats are offered only on a Friday-Saturday), but in many cases you have to travel to the event. As a business owner you want to be sure this is a worthwhile investment of your time and money.

WHO SHOULD ATTEND?

Partners at Small Law Firms (less than 25 attorneys) Solo Practitioners and Of Counsel attorneys who are committed to growing their firm. Benefits you will receive:

Solo practitioners who need to find more clients fast on a shoe-string budget. In addition to all the above benefits, solo attorneys will receive these massive benefits:

Law Firm Business Managers and Internal Legal Marketing Staff who are either responsible for marketing the law firm or manage the team who handles the law firm’s marketing. In addition to all the above benefits, Law Firm Business Managers and Internal Legal Marketing Staff will also receive these benefits:

Of Counsel Attorneys who are paid on an “eat what you kill” basis. In addition to all the above benefits, Of Counsel attorneys will also receive these benefits:

Associates who are either looking to grow their book of new clients in the next 6-12 months or want to launch their own private practice. In addition to all the above benefits, Associates will also receive these benefits:

How to be Prepared: When an Employee’s Misconduct Leads to Termination

The National Law Review recently published an article regarding Employee Misconduct written by Preston Clark Worley of McBrayer, McGinnis, Leslie and Kirkland, PLLC:

Terminating an employee can be one of the most difficult tasks for a business owner or human resource manager. It is however the responsibility of both positions and a necessary part of doing business. Termination is difficult under most circumstances because of the personal information an employer may know about an employee. After an employee becomes part of the workforce supervisors often discover personal information, such as an employee’s financial hardships or family difficulties, which makes difficult decisions uncomfortable.

Besides the emotional stress of terminating an employee, there are also legal concerns. Every employer should have steps in place that protect the company against wrongful termination or discrimination lawsuits.

The most important factor when terminating an employee is documentation. You cannot document enough. Employee documentation should describe in detail, all actions and behaviors that lead to all disciplinary actions and ultimately the termination of the employee. Every incident report and reprimand should be documented, clearly outlining the actions taken. (To read more about documentation of misconduct visit http://mcbrayeremploymentlaw.com/2012/08/03/how-to-be-prepared-when-an-employees-misconduct-leads-to-termination/)

Of course, we more easily think to document the incidents and reprimands of an employee, but it is also important for a company to document all trainings, meetings and attempts to assist or improve the employee’s behaviors. It is best to review with the employee all performance expectations and conduct policies, before the employee starts to work and again after any incident of misconduct. Each time and employee is reminded of the expectations and conduct policies; the communications should be documented by the employer and signed by the employee.

If this practice is followed, prior to termination, an employee will have received several reprimands and incident reports that relate to poor performance or policy violations. Even though you have documented this all in the employee’s file, and they have read and signed each document, one more step should solidify the documentation necessary to ensure a proper termination of a difficult employee. Draft a final warning letter, outlining each time the employee has had a problem, and the steps the company has taken to resolve the issue. This letter is similar to a termination letter, in that it spells out exactly what repercussions the employee will suffer (i.e.; termination) if the behavior is not corrected.

If the company has a well-documented employee file, the likelihood of encountering trouble from terminating an employee are greatly minimized.

Retail Law Conference 2012

The National Law Review is pleased to bring you information about the upcoming Retail Law Conference:

at the Westin Galleria in Dallas, Texas

November 7-9, 2012

This event is the perfect opportunity to discuss the latest issues affecting the retail industry while obtaining important continuing legal education (CLE) credits.

Open to retail and consumer product general counsel, senior legal executives and in-house attorneys and their teams, the exceptional dialogue presented at this conference will help your organization navigate the current legal landscape of the industry.

2012 Wealth Transfer Tax Laws: The Window of Opportunity is Rapidly Closing

An article by Glen T. Eichelberger, Mary Elizabeth Mason, Bridget O’Toole Purdie, and Brian P. Teaff of Bracewell & Giuliani LLP recently had an article featured in The National Law Review regarding Wealth Transfer:

The window of opportunity to take advantage of the currently applicable wealth transfer tax laws is rapidly closing, and once shut, it is possible that we may never see such generous estate planning opportunities again.

The unique estate planning opportunities currently available are a result of the “Tax Relief, Unemployment Insurance Authorization, and Job Creation Act of 2010” (2010 Act). The 2010 Act introduced the following:

$5,120,000 exemption per person for Federal estate, gift and generation-skipping transfer (GST) taxes
- Highest exemptions ever available
35% maximum marginal rate for the estate, gift and GST taxes
- Lowest rate in decades
“Reunification” of estate, gift and GST tax exemptions
- Greater Planning Flexibility
- Acting together, a couple can give up to $10,240,000 of assets (outright or in trust)

In addition, President Obama’s 2013 Budget Proposal contains proposed rules which would restrict a person’s ability to transfer wealth to their children and more remote descendants. The 2013 Budget Proposal includes the following rules:

Restrict grantor retained annuity trusts (GRATs) to a minimum of 10 years

Elimination of the availability of certain valuation adjustments associated with family limited partnerships

The generous provisions of the 2010 Act are temporary and without further Congressional action, these provisions will expire on December 31, 2012. Act now before it is too late, so that you can benefit from the current advantageous estate opportunities and ensure you are not affected by the proposed rules from the 2013 Budget Proposal.

IP Law Summit – September 13-15, 2012

The National Law Review is pleased to bring you information about the upcoming IP Law Summit:

The IP Law Summit will highlight the current challenges and opportunities through visionary conference sessions and keynote presentations delivered by your most esteemed peers and thought leaders from Americas leading corporations. The one-on-one meetings with leading service providers will offer vast expertise in the area of intellectual property law. All this, seamlessly integrated with informal networking opportunities over three days, will provide a unique interactive forum. Do not miss this opportunity to network, establish new connections, exchange ideas and gain knowledge.

Evaluating Political Candidates

The National Law Review recently published an article by the Health Government Relations Team of Drinker Biddle & Reath LLP regarding Evaluating Political Candidates:

With Election Day less than 100 days away, primary season is winding down and the candidates for the general elections (Presidential, Congressional, state, and local) in November have become more apparent. As the choices for November’s election are clearer, how does one go about evaluating the candidates? Voting is an important civic responsibility and making an informed choice when voting is essential. Below are some tips and resources to help you research candidates’ positions on issues that are of importance to you.

First, decide what issues and qualities are most important to you. You may deem health care, the economy, foreign policy, or something else most important, but it is essential to evaluate your priorities and stances before attempting to evaluate the candidates’ positions. Also, think about what personal qualities you think are important – past experience, previous leadership or political positions, personality, etc.
Visit the candidates’ websites – either their official website if they already hold office or their campaign website – to find out their positions. Candidates generally have an “issues” section where they address major policy topics.
- To research the Presidential candidates, visit the campaign websites of Barack Obama and Mitt Romney.
- If you do not already know who represents you in Congress, visit the U.S. House of Representatives and U.S. Senate websites and search by your zip code or state to find the Members of Congress representing your state and district. These official websites can give you an idea of issues important to each Member and past actions they have taken. Those running for reelection will also have a separate campaign website, which can be found by searching for the Member on the internet. The title of these websites is usually something such as “Eric Cantor for Congress” or “Tammy Baldwin for Senate” while the official website will generally have a title along the lines of “Rep. Eric Cantor,” “Congresswoman Tammy Baldwin,” or “Max Baucus: U.S. Senator from Montana.”
- Likewise, to find your state representatives, your state’s official government page should have a search function to find out who represents you more locally.
- To find out who is challenging these incumbents, either search the internet or visit a site such as the League of Women Voter’s “Vote411” site. Vote411 allows you to enter your address and find your local, state, federal district numbers, which can then be used to search for candidates running in those races.

In addition to checking out issues, official and campaign websites also usually have a biographical section, which can provide information on the candidates’ previous experience, family, and civic involvement. These personal factors may also weigh on your decision.

Look up candidates’ records, or any statements they have made or how they have previously voted, on your selected issues. This may be harder to find (or may not be possible) if a candidate has never held elected office before. For current U.S. House and Senate members, visit Thomas, the Library of Congress’ website, to look up cosponsorship of bills. Additionally, the “issues” section on both official and campaign websites can provide information on previous support or opposition and actions the candidate has taken on an issue. Campaign literature can also provide insight.
Look to see who has endorsed the candidates. Websites like Open Secrets also will provide clues as to where candidates’ campaign funding is coming from – possibly from people or organizations you trust (or disagree with).
Carefully consider what others – opposing candidates, the news, even your friends and relatives – say about the candidate. Monitor the news and listen to what others are saying but be on the lookout for any bias or “spin.” Be wary of any TV ad tactics appealing to emotions – look for any buried messages about issues beneath the “attacks.”
Finally, evaluate and match your findings with the issues and qualities you outlined as important to you. In some cases, a clear choice that matches your criteria may be evident early on in your research, other times a distinction between candidates or one candidate who obviously identifies with your views may not be as clear.

Researching candidates does not need to be an extremely time consuming activity – using the resources and tips above, look into candidates in as much or as little detail as you feel is necessary. The important thing is to make a knowledgeable choice aligned with your values going into the voting booth on November 6th!

Consumer Financial Services Basics – ABA Conference

The National Law Review is pleased to bring you information regarding the upcoming Consumer Financial Services Basics Conference sponsored by the ABA:

When

October 08 – 09, 2012

Where

American University

Washington College of Law

Washington, DC

Program Description

Facing the most comprehensive revision of federal consumer financial services (CFS) law in 75 years, even experienced consumer finance lawyers might feel it is time to get back in the classroom. This live meeting is designed to expose practitioners to key areas of consumer financial services law, whether you need a primer or a refresher.It is time to take a step back and think through some of these complex issues with a faculty that combines decades of practical experience with law school analysis. The classroom approach is used to review the background, assess the current policy factors, step into the shoes of regulators, and develop an approach that can be used to interpret and evaluate the scores of laws and regulations that affect your clients.Program FocusThis program will explain each of the major sources of regulation of consumer financial products in the context of the regulatory techniques and policies that are the common threads in a complex pattern, including:

Price regulation and federal preemption of state price limitations
Truth in lending and disclosure requirements
Marketing, advertising and unfair or deceptive conduct
Account servicing and collections
Regulating the “fairness” of financial institution conduct
Data security, fraud prevention and identity protection
Consumer reporting: FCRA & FACT Act
Fair lending and fair access to financial services
Remedies: regulators and private plaintiffs
Regulatory and legislative priorities for 2012 and beyond

Who Should Attend…The learning curve for private practitioners, in-house lawyers and government attorneys to understand the basics and changes to CFS law is very steep. This program is a great way to jump up that curve for:

Private practitioners with 1-10 years of experience who focus on CFS products or providers
In-house counsel at financial institutions and non-bank lenders
Government attorneys, in financial practices regulatory agencies
Compliance officers (who may be, but need not be, attorneys)

Illinois Employers Beware: New Law Prohibits Employers from Seeking Social Media Password Information

The National Law Review recently published an article regarding Social Media Passwords and Illinois Employers written by Norma W. Zeitler of Barnes & Thornburg LLP:

Employers in Illinois will be prohibited from seeking social networking password information from employees and applicants starting Jan. 1, 2013, now that Illinois Governor Pat Quinn has signed into law Public Act 097-0875, which is an amendment to the Right to Privacy in the Workplace Act, 820 ILCS 55/10.

As we previously reported , the legislation makes it unlawful for an employer to require an employee or applicant to disclose passwords or other related social networking account information in order for the employer to access information that might otherwise be considered private by the employee or applicant. However, employers are not barred from accessing information that is in the public domain

Illinois becomes the second state, after Maryland, to enact such a law, according to a press release from Governor Quinn’s office announcing that he signed the legislation into law on August 1. The new law does not limit an employer’s right to promulgate and maintain otherwise lawful workplace policies regarding the use of the employer’s computer equipment, Internet use, social networking site use, and electronic mail use.

Illinois employers should consider reviewing existing policies and practices with an eye toward ensuring compliance with this new law.

Chief Litigation Officer Summit – September 13-15, 2012

The National Law Review is pleased to bring you information about the upcoming Chief Litigation Officer Summit:

The Chief Litigation Officer Summit will highlight the current challenges and opportunities through visionary conference sessions and keynote presentations delivered by your most esteemed peers and thought leaders from America’s leading corporations. The one-on-one meetings with leading service providers will offer vast expertise in the area of litigation. All this, seamlessly integrated with informal networking opportunities over three days, will provide a unique interactive forum. Do not miss this opportunity to network, establish new connections, exchange ideas and gain knowledge.

Vacation Pay at Termination: What’s your Policy?

Recently W. Chapman Hopkins of McBrayer, McGinnis, Leslie and Kirkland, PLLC had an article, Vacation Pay at Termination: What’s your Policy?, featured in The National Law Review:

For many employers, the summer season brings with it an increase in employee vacations. With that in mind, now may be a good time to re-visit vacation pay policies as they pertain to employee separation. In particular, how does your company handle accrued, but unused, vacation pay at the time of separation?

Kentucky’s wage statutes expressly require employers to pay, in full, all “wages or salary earned” at the time of separation. KRS 337.055. The term “wages” includes “any compensation due to an employee by reason of his or her employment, including…vested vacation pay.” KRS 337.010. In order to know how much vacation pay must be paid at separation, it is therefore necessary to determine how much of an employee’s vacation pay has “vested.”

Based on the interplay of those two statutes, failing to include language in your employment policy addressing vesting could force you to have to litigate the issue should the employee sue to recover unpaid vacation benefits. The best approach, therefore, is to specifically define when and how vacation pay vests. An employment policy should articulate that annual paid vacation is earned as labor is performed throughout the year, and therefore “vests” as it is earned. This ensures that an employee who has only worked for part of the year at separation will receive only the proportionate share of his or her vacation pay. Considering that Kentucky courts have consistently held vacation pay to be a matter of contract between employers and employees, it may be a good idea to have employees sign an acknowledgment of the vacation pay policy.

As always, consulting your attorney and HR professional before making any changes is advisable.

The National Law Forum

How to be Prepared: When an Employee’s Misconduct Leads to Termination

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Retail Law Conference 2012

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2012 Wealth Transfer Tax Laws: The Window of Opportunity is Rapidly Closing

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IP Law Summit – September 13-15, 2012

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Evaluating Political Candidates

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Consumer Financial Services Basics – ABA Conference

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Chief Litigation Officer Summit – September 13-15, 2012

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Vacation Pay at Termination: What’s your Policy?

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