eCourses are individual online courses from renowned presenters at our live conferences. Learn via audio or video, receive the supporting materials, and fulfill MCLE requirements at your convenience with the best content available!
These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
If you need credit for an eCourse in other states please read through the disclaimerbefore purchasing an eCourse to make sure you will be able to self-report your MCLE credit after completion of the eCourse
Daniel Knightexplores a series of case studies emphasizing the ethical obligations and fiduciary duties owed by lawyers to clients, and how the Texas Disciplinary Rules of Professional Conduct, the Federal Rules of Civil Procedure, and the Texas Rules of Civil Procedure are implicated in each. more »
Dan Minutillo explains the concept of "deemed exports" that affects every company in the U.S. that employs a foreign national. Learn what a deemed export is an how your clients can avoid the steep penalties for violating deemed export regulations. more »
Session 1: In the Hot Seat: In-House Counsel as Witnesses - The use of in-house counsel as a witness has potential benefits and – more importantly – pitfalls for both the client and counsel. Learn what is the best way to navigate those ethical and legal pitfalls.
Session 2: Workout Tactics and Other Strategies to Avoid Chapter 11 Bankruptcy - With the expense of Chapter 11 increasing, what tactics or strategies should a restructuring professional consider if Chapter 11 bankruptcy is not the preferred alternative.
Session 3: Adequate Protections - Evaluate the trends of adequate protection in the use, sale or lease of property of the estate. Focus on a few case studies and review the legal trends and types of adequate protection which courts have either recently approved or which may become more common in the future, especially as interest rates and liquidity tightens.
Session 4: Expert Nightmares - Getting your expert’s opinion into the record and adopted by the Court can be the difference between victory and defeat. Using published opinions as a springboard, key turning points in assisting and persuading the Court with expert opinions are examined.
Session 5: (Almost) Everything You Ever Wanted to Know About Chapter 11 Plans - Before heading off for cocktail hour, be sure to brush up on chapter 11 plan developments so you can be the life of the party. Listen to a discussion about recent plan-related developments including substantive consolidation, “per plan” versus “per debtor” considerations, third-party releases, artificial impairment, good faith and a number of other issues that will keep your guests thoroughly entertained. more »
Session 1: What Every Bankruptcy Lawyer Should Know About the Tax Cuts and Jobs Act of 2017 - Listen to a discussion about the changes in the tax law, brought about by the enactment of the Tax Cuts and Jobs Act of 2017, that impact debtors and creditors in bankruptcy proceedings, and, in particular, how those changes impact the value of the bankruptcy estate to prospective bidders for assets in the estate.
Session 2: Puerto Rico Lessons Learned - Puerto Rico's insolvency is changing the law of municipal insolvencies — a spate of litigation has already produced numerous decisions from the trial court, six opinions from the U.S. Court of Appeals for the 1st Circuit Court and one from the Supreme Court in the last two years alone. Hear lessons learned, and issues opened and unresolved, for other troubled state and local governments.
Session 3: Fiduciary Duties In Other Systems - Listen to a discussion on how far from the United States they stray and are they right to do so?
Session 4: Marijuana and Bankruptcy: Just Say No! - Examine the intersection of Bankruptcy and Marijuana Laws. more »
Session 1: Jevic in the Consumer Context - Can a Chapter 7 trustee really sell my underwater homestead? Some courts say yes, but probably not in Texas.
Session 2: Automatic Stay/Turnover - Is refusal to turn over property post-petition a violation of the stay? Listen to a discussion about turnover after In Re Cowan, 849 F. 3rd 943 (10th Cir. 2017).
Session 3: Loss Mitigation in Texas - Not just for homestead! A committee of the Bankruptcy Law Section has submitted a loss mitigation program for statewide implementation to our bankruptcy judges. Hear the latest on the loan modification program proposed for Texas.
Session 4: Bankruptcy Exemptions - A Practical Approach - Bankruptcy Exemptions can be a debtor's best friend or worst nightmare if not used correctly. Listen to this breakout session where Judges Gargotta and Rodriguez discuss how to deal and not deal with exemption issues pre-bankruptcy. more »
Session 1: Legal Ethics About Cryptocurrencies - Bitcoin and others of the 1,600+ cryptocurrencies are headline news every day, but also possible assets of debtors in bankruptcy. Explore the ethical issues lawyers need to be aware of regarding cryptocurrencies.
Session 2: #NoTweetingAfterMidnight: Ethical Risks in Social Media Use - Hear valuable guidance on dealing with the ethical minefield that is social media. Using real world examples and ethics opinions, listen to a discussion about the areas of practice in which social media use (or misuse) can present ethical and disciplinary concerns, as well as tips for using social media responsibly. more »
Session 1: Judicial Spotlight - The old guard interviews the new guard. Hear Judges Isgur and Gargotta facilitate conversation with Judges Rodriguez and Norman regarding judicial philosophies, procedures, and general practice tips. Learn more about what makes all of these judges tick!
Session 2: Technology in the Courtroom - Overview of courtroom technologies available to effectively and persuasively present visual and audio materials in court proceedings; evidentiary considerations associated with such technology use; and related practice tips and pointers. more »
Session 1: Recent Developments - Professor Westbrook, and his usual supporting cast, discuss the year's most important business and consumer cases.
Session 2: Circuit Splits - Listen to a discussion about key decisions distinguishing the Fifth Circuit from other Circuits in business bankruptcy cases. more »
Session 1: Individual Chapter 11’s and the Twists and Turns They Can Present - Explore what an individual Chapter 11 case is, what it isn’t, and how to identify and address some of the challenges you may experience along the way.
Session 2: Ethical Considerations in Section 363 Sales - When (if ever) may insiders and court-approved professionals acquire bankruptcy estate assets? What must be disclosed? What ethical restrictions apply to sale negotiations? What are the consequences of unethical actions when transferring estate assets? more »
Record numbers of Cubans are arriving at the Texas border with Mexico, as renewed diplomatic relations with Cuba portend the elimination of the Cuban Adjustment Act. Discover the special forms of relief available to Cubans, including public benefits, employment authorization, family reunification opportunities, and special adjustment of status application procedures. more »
Session 1: Introduction, Overview and Understanding the Fundamentals of the Special Needs Trusts and the SNT Attorney's Role - This segment highlights the due diligence each party should consider to understand and explain potential government benefit eligibility to the client who has received a personal injury recovery. Explore the fundamentals of special needs trusts and the use of A.B.L.E. accounts in light of current and potential SSI and Medicaid eligibility. And, from the perspective of the special needs planner, walk through what to expect and what questions are typically asked in the initial consultation with the personal injury attorney.
Session 2: Consultation with Personal Injury Attorney and Guardian Ad Litem - In the initial consultation with the personal injury attorney, special needs planner, and in some cases, a guardian ad litem, walk through some key expectations for your case, guidance in identifying public benefits and programs, issues and options when creating special needs trusts, and other questions that should be addressed early in the case.
Session 3: Consultation with the Personal Injury Attorney, Guardian Ad Litem and Trustee - Identifying a trustee is an important step toward the drafting and administration of a special needs trust. Understand the trustee’s role in trust administration, including what to expect and look for in a trustee, examples of distributions, considerations in making distributions, and possible conflicts.
Session 4: Consultation with the Personal Injury Attorney, Guardian Ad Litem, and Settlement Annuity Broker - Using a structured settlement in conjunction with a special needs trust introduces additional considerations. Learn what a structured settlement annuity is, and potential the pros and cons of its use. Plus, explore key aspects of an annuity, including structure and trust funding, naming beneficiaries, potential estate tax issues, and more.
Session 5: Drafting the Special Needs Trust - Walk through the drafting phase for the special needs trust, including drafting the custom-designed SNT, assisting in creating a pooled SNT, drafting pleadings to establish a court-created SNT, as well as collaborating with the personal injury attorney, guardian ad litem, and trustee for their review.
Session 6: Conclusion and Finalizing Representation - Once the special needs trust has been drafted, it is time to finalize representation and review all documents with each party and with the client. Walk through the final considerations, expectations and necessary steps to close the case file. Plus, hear final thoughts and key take-aways from the perspectives of the personal injury attorney, special needs planner, guardian ad litem, trustee and settlement annuity broker. more »
Session 1: Year in Review: Key Federal Circuit and U.S. Supreme Court Decisions - A summary of the most significant Supreme Court and Federal Circuit decisions of the past year.
Session 2: Recent Developments in Claims Construction - Claim construction continues to be the axis about which patent preparation/prosecution, trials, appeals, and AIA post grant review proceedings all revolve. Hear the latest Federal Circuit and trial court claim construction cases, and the PTAB's claim construction "rules, practices and so-forth," including revived O2 Micro issues and latest Dell/SAS and APA restrictions.
Session 3: ITC Update: Hot Topics and Trends - Stay up-to-date about the latest trends and issues at the ITC, including subject matter patent invalidity under Section 101, antitrust, importation, and domestic industry.
Session 4: Judicial Panel - Hear distinguished judges from the District Court discuss their experiences hearing and trying patent cases. more »
Session 1: Wanting a Seat at the Table: The Rise of Equity Committees - Existing equity holders of Chapter 11 debtors are increasingly requesting appointment of official committees of equity holders pursuant to section 1102 of the Bankruptcy Code. Examine the standard for appointment and role of equity committees, recent cases in which courts have granted and denied requests for appointment of an equity committee, and whether equity committees enhance shareholder recoveries in Chapter 11 cases.
Session 2: Planning on Staying? - Post-confirmation subject matter jurisdiction may well depend on how you draft your plan. Hear practice tips on how to avoid pitfalls.
Session 3: Chapter Five versus the Securities Markets—the Scope of Section 546(e) - Join counsel for the Respondent and the Petitioner respectively, as they discuss the briefing, arguments, and implications of the U.S. Supreme Court’s consideration (and perhaps decision) of the scope of the Section 546(e) safe harbor in Merit Management Group v. FTI Consulting.
Session 4: Business Bankruptcy / Pre-Planning Pitfalls - What steps should a company take or not take prior to a bankruptcy filing? Listen to a discussion about several topics around this question, including ethical considerations that often come into play.
Session 5: The Implications of Jevic on Business Bankruptcy Cases - More on Jevic and structured dismissals. Why? Because when the Supreme Court speaks once, we need to listen twice.
Session 6: Jevic Follow Up—Structured Dismissals and Gifting Cases - In Jevic, the Supreme Court held that a settlement incorporated in a structured dismissal of a Chapter 11 case could not violate the priority rules of the bankruptcy code. Most structured dismissals that violate the bankruptcy code's priority rules, however, are approved on the theory that the priority-skipping payments are gifts. Explore whether practitioners are trying to avoid the code's priorities using gifting theories, notwithstanding Jevic, and are they having success? more »
Session 1: Community Property, Divorce and Bankruptcy—What Could Possibly go Wrong? - An irreconcilable approach to Texas Homestead Proceeds.
Session 2: How To Make the Trustee Happy and Keep Your Client Out of Trouble - Gain insight on preparing the debtor(s) for the bankruptcy filing, forms and testimony at the 341 meeting and how to make the filing less stressful for you, your client(s) and the trustee.
Session 3: Espinosa Update and Other Post-Confirmation Chapter 13 Matters - Hear a review and discussion of post-Espinosa decisions. Also, since many unique issues often arise in Chapter 13 cases after confirmation of the Debtors’ Chapter 13 Plan, listen to a discussion of various post-confirmation issues including: plan modification issues; post-confirmation duties and tasks of Debtors’ and their attorneys; and post-confirmation requirements of lenders.
Session 4: Tax Treatment - Hear an overview of the dischargeability of taxes in Chapter 7 and 13 cases. more »
Session 1: International Tax Planning Issues—Evolving in the Face of Uncertainty - Managing international tax planning, including adoption of a territorial system as part of U.S. tax reform, the accompanying transition issues of repatriation and anti-base erosion rules and increasing tax-avoidance and transfer pricing efforts around the globe.
Session 2: International Compliance - A discussion on the new compliance burdens imposed by the OECD’s BEPS project, with focus on the country-by-country disclosure requirements, as well as an analysis of the likely areas of transfer pricing disputes and recommendations for defense of transfer pricing determinations. more »
Learn about trends and issues affecting the Texas economy and tax administration from the Comptroller of Public Accounts and his staff. Understanding where we are today can help all of us ensure we remain prosperous tomorrow. more »
Session 1: Recent Developments in Federal Income Taxation - Review significant court decisions, rulings, and statutory and regulatory developments of the past year.
Session 2: Texas State and Local Tax: New Developments - Learn about important new developments in the Texas franchise tax and sales tax laws that affect your tax compliance and tax planning practices. Examine recent court cases and policies affecting the franchise tax COGS calculation, as well as the South Dakota v. Wayfair decision and how it affects businesses that sell across state lines. more »
Tenants in today’s business environment demand leases that will not restrict their ability to respond to changing circumstances. Structuring leases that afford flexibility for tenants requires knowledge of the current market and possible solutions for given business objectives. This presentation addresses lease provisions that appear to be rigid, but in fact, permit creativity for tenants in structuring “yoga” leases. more »