Many joined us for a panel discussion as THSH Joseph Lockinger and speakers discussed the reasons for the increase in this type of litigation and how businesses can minimize the risk of being sued.
Many joined Tannenbaum Helpern’s real estate and construction attorneys Kenneth Block and Joshua Levy, and Ketan Trivedi from Mueser Rutledge Consulting Engineers as they discussed the important legal and practical considerations of protecting neighboring properties during construction and the negotiation of the terms of access agreements required for the installation of the protective measures.
This program explored the role of the Owner's Representative in the construction process – from preliminary design through final completion. Many joined Tannenbaum Helpern construction attorneys Ken Block and Josh Levy and executive managing director of Colliers Project Management, Robert Gorton for a discussion on when to engage an owner’s representative and the role it plays in a construction project.
This program drilled down on guaranteed maximum prices (GMPs), covering the pros and cons of using GMPs, when and how they are established, the elements of the GMP and the relevant contractual provisions. The discussion included the treatment of contingencies, general conditions costs, allowances, qualifications, savings and change orders.
Property damage, personal injury, schedule delays, liens and unanticipated costs. Construction projects involve risks, and managing those risks is essential to the successful completion of every project.
Many joined Tannenbaum Helpern construction attorneys Ken Block and Josh Levy and an industry expert Craig Barnet for a discussion on the essential tools that owners can use to anticipate, allocate, control and minimize construction risk.
Impact of the Recent Supreme Court Decision on the Law of Insider Trading
The Dec 6, 2016 court ruling in US v Salman clarifies the “personal benefit” requirement and eases the government’s burden of proving insider trading cases. But how does this impact other decisions such as US v Newman and the prosecution of future insider trading cases? While the government need not show that the tipper has received something of tangible value, it raises the question of when the relationship between tipper and tippee reaches the level which would satisfy this lesser “personal benefit” requirement. Head of Tannenbaum Helpern’s Governmental and Regulatory Investigations Practice and securities litigator Ralph Siciliano held a lively, in-depth discussion addressing these and other critical questions in light of the Salman decision.
Copyright and Trademark Developments: What to Expect in 2017
The intellectual property world, driven by technology and the reach of the Internet, continues to evolve, creating opportunities and obstacles for all. Tannenbaum Helpern Intellectual Property attorneys Andrew Berger and L. Donald Prutzman held an interactive discussion on the key developments in the copyright and trademark world over the past year and what protections and problems you are likely to face going forward.
Ethics Issues Facing In-House Counsel
This interactive panel discussion guided in-house counsel through important issues of professional responsibility they face on a regular basis including rules that govern privileged communications, contact with former employees, conflicts of interest, electronic discovery, and others. A series of hypothetical fact patterns were used to illustrate critical problems and offer problem-solving techniques.
Cybersecurity Compliance Issues: What You Need to Do and How You Can Do It
Cybersecurity is a leading concern – if not the number one concern – for general counsel and compliance officers. Tannenbaum Helpern’s Andre R. Jaglom and David R. Lallouz and Baker Tilly’s Russell J. Sommers, discussed the regulatory environment for businesses in the financial services sector versus other industries, examined industry cybersecurity standards, discussed how to conduct cybersecurity audits, addressed lawyers' ethical responsibilities for information security and looked at employee training and vendor contracts to address weaknesses. Program topics included: Regulatory requirements from the SEC, FTC, NY Department of Financial Services and other agencies, Industry Standards and Security Audits: AICPA, NIST and SOC Reports and People – The Weakest Link: Legal Ethics Issues, Employee Training and Vendor Contracts. To watch the video, click here.
Navigating the Minefield of Fiduciary Service: A Primer on the Current Landscape of Trustee and Executor Responsibility
It is an honor to be selected as an executor or trustee, but that service comes with significant legal obligations. This program examined many important legal and practical issues that executors or trustees confront, and it presented cautionary lessons from recent case law concerning fiduciary conduct. The program also covered management responsibility over assets, obligations to estate and trust beneficiaries, and strategies to avoid internal disputes and litigation.
What Every Company Should Know About Identifying and Preserving Documents For Litigation
Preservation of electronic materials continues to be a hot topic, and the possible sanctions that courts can apply to companies that fail to preserve is an on-going concern for firms. Therefore, it is critical for companies to comply with and understand their preservation obligations and for their lawyers to advise them of these requirements.
This program reviewed when a company's preservation obligations are triggered, the steps that companies should follow to meet those obligations, and significant developments in the law. It also discussed practical steps that companies can follow in developing a pre-litigation document retention policy.
Accommodating Non-U.S. Investors – Structuring Real Estate and Other Fund Investments to Minimize U.S. Tax Impacts
Tannenbaum Helpern tax attorneys Michele Itri and David Schulder along with RSM US LLP's International Tax Principal Mark Strimber, discussed how hedge funds and private equity funds can minimize tax burden for non-U.S. investors. These investors are primarily concerned with avoiding U.S. tax filing obligations and paying U.S. tax on "effectively connected income" which can result from a non-U.S. investor's investment in U.S. real estate, certain U.S. loans, U.S. operating companies and fee participations. More information includes certain blocker structures and other techniques that can be used to accommodate these concerns and minimize the U.S. tax drain on the investment returns of non-U.S. investors. Watch videos from the event by clicking the links below:
Workplace Shooting: Employer's Legal Obligations and Survival Strategies
With a number of high-profile workplace shootings being reported, employers have begun asking with greater frequency what should they do to prepare their company and employees for such an event. As an employer, what are your legal responsibilities if a shooting occurs in your workplace or at a company-sponsored or sanctioned event? For you and your employees, what are the recommended survival strategies? Are employers obligated to offer survival training? Are employers liable if they don't? These questions and many more were addressed.
How to structure employment agreements and employee equity offerings to avoid Section 409A tax traps
Section 409A of the tax code impacts virtually every agreement, program or other arrangement that provides for the deferral of compensation for employees or other service providers. This program provided an overview of Section 409A's key provisions and outlined how you can structure your stock option and phantom equity plans and employment and severance agreements to ensure compliance.
Rebecca E. Crosby, Maryann Stallone, Vincent J. Syracuse and Jamie B.W. Stecher spoke about important issues of ethics and professional responsibility that is routinely faced as in-house counsel. Topics included: Rules governing privileged communications; Electronic discovery; Contact with former employees; Conflicts of interest and others. A series of hypothetical fact patterns were used to illustrate common challenges and offer problem-solving techniques.
20th Anniversary National SuperConference: Wine, Beer & Spirits Law
Tannenbaum Helpern's distribution law attorney Andre R. Jaglom gave the distributor's perspective in a panel discussion entitled "Producer Wholesaling and Retailing" at the 20th Anniversary of the CLE International annual program on Wine, Beer & Spirits Law in Louisville.
Construction Delays: Causes, Prevention and Damages
It is well accepted in the construction industry that "time is money." This program presented a case study demonstrating the procedures an owner/developer should implement to avoid delay, mitigate the effects of delay and disruption, and recover damages resulting from the effects of delay. Scheduling techniques and contract clauses were discussed.
Ten Common Intellectual Property Mistakes Businesses Make and How to Avoid Them
Join us for an interactive discussion of ten common intellectual property mistakes businesses, large and small, make and how to avoid making them in your business. The program offered solutions and best practices to avoid problems in multiple areas concerning both creation and protection of your business's intellectual property, and using intellectual property belonging to others in your business.
A Guide to Introducing International Products and Services to the U.S. Market
NYSBA – Global Law Week 2015
Tannenbaum Helpern Drew Jaglom, Michele Itri and Donald Prutzman on selecting the best distribution model for a product or service; maximizing the available intellectual property protection for your products and brand in the most cost-efficient manner; navigating the maze of import, tariff and customs laws; structuring you operations in the most tax efficient manner and complying with applicable rules or policies of the FTC relating to your products and marketing efforts.
House Rules: Fundamentals of Employment Law for Inside Counsel
This interactive program addressed employment law issues frequently faced by in-house counsel. In-house counsel have unique challenges stemming from their requirement to be both a legal counselor and a business person. In light of this unique role, this program covered legal and practical solutions for:
- avoiding discrimination and harassment liability, including best practices for handling employee complaints and workplace investigations,
- managing risks associated with the misclassification of individuals as independent contractors,
- reducing wage claim exposure, including overtime obligations,
- protecting against liability resulting from employees' social media usage, and
- recognizing issues and satisfying obligations arising from employees' disabilities, medical leaves of absence, and health issues.
What to expect in the evolving landscape for insider trading liability in 2015?
This program examined the impact of the recent court decision on insider trading cases going forward. While the decision in US vs. Newman provided much needed clarity in the law governing insider trading, it also left many important questions unanswered. Join Ralph Siciliano, who heads Tannenbaum Helpern's Governmental and Regulatory Investigations practice and regularly advises investment managers and other financial professionals on insider trading and SEC enforcements, as he discussed the implications of the court decision on insider trading and the investment community.
Key insurance coverage considerations for private equity, hedge funds, broker-dealers and investment advisers
This complimentary breakfast seminar examines the key factors affecting insurance coverage for private equity, hedge funds, broker-dealers and investment advisers. The program will cover the kinds of polices which are available, what activities are covered, who and what claims are covered and key coverage issues.
We hosted a complimentary breakfast seminar on Tuesday, July 29, 2014, from 8:45 a.m. to 10:00 a.m., on the process of interviewing and selecting candidates for employment. Governmental agencies and plaintiffs' lawyers are increasingly focused on potential barriers to employment, such as unlawful discrimination and failure to provide reasonable accommodations for individuals with disabilities. This program discussed best practices for employers to avoid common pitfalls during the interviewing and recruitment process. Among other things, the speakers addressed:
- Who to Interview
- Selecting Interview Formats
- Protected Classes
- Handling Information from Disabled Candidates
- What to Do After the Interview
Intellectual property (IP) and technology transactions add substantial value to your bottom line but you need to avoid common mistakes when engaging in them. Business owners sometimes adopt trademarks that may infringe others, fail to police their marks or don't protect them abroad. Copyright owners often neglect to register their copyrights and enter into license agreements that give the licensee far more rights than the copyright holder anticipated. In tech transactions, particularly in software as a service agreements, companies all too often rely on the vendor forms that fail to protect their interests and fail to realize how limitation of liability clauses may weaken these agreements.
This seminar will discuss the tools you need to avoid common problems to successfully monetize your IP and protect your data in the cloud.
The renovation of commercial office space brings into play legal, design and construction disciplines. Utilizing a case study, the panel of leasing, contracting, design and construction experts explored the issues of concern to landlords and tenants. Included in the discussion would be tenant work letters and related lease issues, owner/architect and contractor agreements, insurance, design considerations and the means and methods of construction.
Patent, trademark and copyright law are three forms of intellectual property that give business owners the tools to protect against infringement. Each provides different rights, serves different purposes and offers different remedies. But what are the advantages and disadvantages of each? Which body of law works best in what situation? How can you combine these property rights to obtain maximum protection? This breakfast seminar covered these questions and focused on two areas that are often the source of infringement: computer software and consumer design products.
Insider trading cases continue to dominate media headlines. There are many lessons to be learned from recent cases brought by the SEC and the Department of Justice against Mark Cuban, SAC Capital, Douglas Whitman, Michael Steinberg and others, as well as from the recent GAO report on political intelligence. It's crucial for investment firms to understand how these cases and the recent report impact the law of insider trading.
This program was intended to assist investment advisers, broker-dealers, compliance officers and legal professionals navigate the continuously evolving legal landscape in this area.
Professional responsibility is the cornerstone of legal practice and the attorney-client relationship. There is an ever-changing maze of rules that govern a professional's behavior which dictates how matters are handled and often their outcome.
At this seminar, Tannenbaum Helpern commercial litigators shared their insights and perspectives on significant ethics and civility issues and tackle important concerns of professional responsibility that arise in everyday practice. A series of hypothetical fact patterns were used to illustrate critical problems and to offer problem-solving techniques.
Whether your interest in financially stressed or distressed real estate is as an existing or potential owner, developer, manager or investor (or as an advisor to any of the above), keeping abreast of the recent developments in and changes to the Bankruptcy Code regarding distressed real estate investments is key to avoiding potential risks. The breakfast program covered the current state of the law, including recent court decisions, with respect to:
- Single Asset Real Estate ("SARE") Debtors and the Automatic Stay
- Bankruptcy Remote Special Purpose Vehicles
- Asset Sales Under Bankruptcy Code Section 363
- Executory Contracts and Unexpired Leases – Assumption/Rejection Under Bankruptcy Code Section 365
- Perfection of Security Interests in Rents
- Fraudulent Conveyances – Current Developments
- Chapter 11 Plans – Pre-packaged/Pre-negotiated/Free-fall
Recent US Regulatory Developments for Foreign Financial Institutions: FATCA, OFAC and the FCPA
In 2012, the IRS issued proposed regulations and guidance under the Foreign Account Tax Compliance Act ("FATCA"); the Department of Justice issued long-awaited guidance in A Resource Guide to the U.S. Foreign Corrupt Practices Act ; and the Office of Foreign Assets Control ("OFAC") imposed record breaking penalties on foreign financial institutions. This program will provide an overview of the 2012 developments in these areas and what to expect in 2013. The panel will discuss the following:
- FATCA - The current state of FATCA in the U.S., the requirements of the agreement FFIs must enter into with the IRS to avoid tax penalties, certain limited exceptions to FATCA's requirements for certain FFIs and the due diligence and reporting requirements imposed on FFIs by FATCA.
- OFAC - Developments in U.S. sanctions particularly in Iran, Syria and Libya, and OFAC's enforcement trends including its increasing extraterritorial focus.
- FCPA - The recent guidance put out by the DOJ, with particular emphasis on the areas that most affect foreign financial institutions.
Understanding contractual indemnification provisions is key to any business. The way these provisions are structured and the precise language that is used (and not used) will figure centrally into who will ultimately be responsible for a particular loss, and to what extent. As a result, it is critically important that lawyers and their clients work together to draft indemnification provisions that contemplate the specific risks inherent in the various commercial transactions in which they are engaged. This interactive program addressed the critical factors that all parties to commercial agreements must be aware of when drafting indemnification provisions. Experienced attorneys and experts discussed:
- The types of claims typically covered and excluded by traditional indemnities,
- Obligations of parties involved,
- Drafting provisions to specifically cover certain types of losses, and
- The interplay between contractual indemnities and insurance coverage
How to Negotiate Your Intellectual Property and Technology Transactions
At this networking event, Tannenbaum Helpern's Ralph Siciliano and fellow panelist discussed the legal and tax issues to consider when choosing the appropriate business entity to register.
How to protect your intellectual property from new forms of online infringements and brand attacks
The Internet has created a minefield of concerns and novel infringement risks for owners of intellectual property (IP). With the advent of social media brand owners can no longer control the online conversation and their over-reaction to possible infringement can prompt a viral attack that may threaten or destroy their brand. This program discussed strategies brand owners can employ to keep these risks at bay.
Reducing Owner's Construction Risk: A Case Study
Construction projects involve risk, and being able to control risk is essential to the successful completion of every project. Tannenbaum Helpern construction attorneys and industry experts discussed real-world examples of essential tools that owners can use to anticipate, allocate, control and avoid construction risk.
What Every Employer Must Know About the New Sexual Harassment Standards in the Workplace
Recently, there has been an emergence of new standards and developments regarding sexual harassment in the workplace. This program covered key legal considerations and business implications that employers should be mindful.
Office and Retail Leasing: Exit and Expansion Strategies
As the economic outlook continues to remain "uncertain", many office and retail tenants are hesitant about long-term space commitments and want flexibility to address the unpredictability of their future space needs, such as accelerated exit and/or expansion rights. To remain competitive, landlords cannot ignore their tenants' call for flexibility but they need to balance the risks involved in granting such rights. Tannenbaum Helpern's commercial real estate lawyers and executives from JP Morgan Global Real Estate and RD Management, offered insight into the lease provisions commonly negotiated to allow tenants such flexibility and the key concerns for both landlords and tenants in such circumstances.
What's New in Ethics and Civility for 2012
Professional responsibility is the cornerstone of the legal profession and the attorney-client relationship. We encounter an ever-changing maze of rules that govern a professional's behavior which dictate how matters are handled and often their outcome. At this seminar, Tannenbaum Helpern partners Vincent J. Syracuse, Jamie B.W. Stecher and Paul D. Sarkozi shared their insights and perspectives about significant ethics and civility issues and tackled important concerns of professional responsibility that arise in everyday practice. Vince, Jamie and Paul utilized a series of hypothetical fact patterns to illustrate critical problems and offer problem-solving techniques.
Business Method Patents-Protecting New Trading Procedures and Creating A Revenue Stream Too
Many in the financial sector do not fully grasp what constitutes a business method and/or business system which has the potential to be patented-nor do they realize its revenue potential. This complimentary breakfast seminar on January 25 and 26, from 8:30 a.m. to 10:00 a.m., examined what constitutes a "patentable" and "unpatentable" business method and/or business system, and how patent owners could generate revenue through licensing such patents. Also, it weighed the value of obtaining patent protection as compared to that of maintaining such information as a trade secret.
The Art & Science of Negotiating Tech, Telecom & Cloud Deals
This program provided an inside perspective into the real language used in tech, telecom and cloud deals and shed lights on critical questions. What are the norms in the industry? What concessions should you expect? How technical must a tech contract be? The discussion covered intellectual property, licensing, warranties, limitations of liability, performance standards, acceptance testing procedures and change orders.
Tax issues in the offering of partnership equity and phantom equity interest for services