Answer Bar

Session 01: Medicaid Update and Other Hot Topics - This presentation identifies and explains recent changes in Medicaid law and policy. Discuss Medicaid advocacy strategies that are “hot,” either because they are new or because they are underutilized but work really well. Session 02: What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting - Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout. Session 03: Medicaid Planning or Medicaid Avoidance? - Sometimes we can help a relatively wealthy person qualify for Medicaid long-term care. This presentation explores how to help the client determine whether or not they are able to pay privately; and if so, whether they would be better served by doing so or by qualifying for Medicaid. Session 04: MERP Defense - This presentation provides updates on changes in defending against MERP claims and discussion of continuing sticky situations and traps. Discuss where HMS and we disagree and the problems of timelines, statutes of limitations, and the need for legislative change. Session 05: When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters. Session 05: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death.  Session 06: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 07: Alternatives to Guardianship Including Supports and Services - A discussion of practical considerations in determining whether lesser restrictive alternatives and supports and services are available and feasible in guardianship proceedings. Session 09: Medicaid Planning in Guardianships - A discussion of how government benefits planning for single and married individuals can be accomplished in the context of Guardianships and Community Administrations. Session 10: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply.

Includes: Video Audio Paper Slides

Session 01: 2024 Case Law Update Part 1 - A survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 02: 2024 Case Law Update Part 2 - Continuation of a survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 03: 2024 Secretary of State Update - Learn about filing tips and resources that can make your transactions with the Secretary of State (SOS) easier and more predictable; hear updates on our system modernization program, including an overview of online services available in the new SOS Portal. Session 04: Updates from Delaware - A survey of recent Delaware cases addressing significant issues, including fiduciary duties, elimination of fiduciary duties and contractual interpretation in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 05: S corporations: A Cautionary Tale about Squaring the Circle - A discussion of some of the motivations driving the use of LLCs as S corporations, some of the potential issues and some of the drafting and structuring issues that should be considered if an LLC is taxed as an S corporation.  Session 06: Updated Model LLC Agreements - Review three model agreements tailored for a closely held company, including a discussion of some recent changes in the models as well as decisions that the authors made in drafting the models to help improve your drafting skills and result in better operating agreements. Session 07: Drafting Net Profit Agreements - Net profits agreements are used in transactions where the parties have an interest in sharing in profits but do not want to create or participate in an entity arrangement with the parties involved.  Net profits agreements raise a number of issues which may be as basic as the very definition of what the parties intend to share, as well as the methods of payout, the impact on tax consequences of these arrangements and concerns relating to the unintended partnership. Review the issues lawyers may need to consider with their clients to draft an effective net profits agreement.  Session 08: Provisions Limiting Liability and Duties in Partnership and Company Agreements - This panel will discuss the effectiveness and limitations on provisions of partnership and company agreements which provide for the modification of duties, exoneration from liability and indemnification with respect to claims against managers, members and other employees and agents.   Session 09: Effective Engagement Letters and Other Simple Risk-Management Tools - This ethics CLE presentation will look at engagement letters and how they can be used as a risk management tool. Along they way, the presentation will provide practical tips to help lawyers avoid conflict of interest pitfalls and to assist in controlling client expectations about the scope of the representation. Session 10: Multiparty Representation —Entity Formation - A deep-dive into the knurly problems of multi-party representation of start-up companies, including whether the client is the founder or founders or the company is yet to be formed. The ethical difficulties for the lawyer continue after formation as the company and its founders, directors and officers move beyond formation of the entity into the realm of operations.

Includes: Video Audio Paper Slides No Materials

Session 01: Important Cases in the Prosecution and Defense of UM / UIM Cases - This presentation addresses recent cases impacting UM/UIM cases, as well as strategies and tips for prosecuting and for defending uninsured and under-insured motorist claims and bad faith litigation. Session 02: Low Property Damage Cases - Prosecuting and defending personal injury cases with minor property damage can present challenges. This session discusses the experiences and strategies from the plaintiff and defense perspectives. Session 03: Commercial Vehicle Accidents 101 - Learn about commercial vehicle litigation from the plaintiff and defense perspective. The presentation includes litigation involving tractor-trailers, commercial vehicles, and commercial buses. Session 04: Subrogation and Liens: Medicare, Medicaid and Hospitals - It’s not what they pay, it’s what your client keeps that matters. Session 05: Pre-Suit Negotiation Strategies: Working with your Adjuster - Learn how to ensure you have properly prepared your adjuster, and the insurance company, to get the case settled for your client before mediation or negotiations. Session 06: Recurring Ethics Issues in Car Crash Cases - This session discusses recurring ethics issues in car crash cases affecting attorneys representing plaintiffs and defendants. Session 07: Recent Changes to the Advertising and Solicitation Rules: The Highlights - Comprehensive changes to the Texas Disciplinary Rules governing advertisements and solicitations became effective in 2021. This presentation highlights some of the most notable changes.

Includes: Video Audio Paper Slides

Session 01: Trial Preparation 101 - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn tips and strategies from an experienced plaintiff and defense attorney for developing a case and preparing for trial. Session 02: Discovery: Beyond Bullet Points - A discussion about the discoverability and admissibility of medical records, medical bills, and related data that focuses on the increasing role of “reasonableness” in the determination of what is discoverable and admissible and the added complexity and expense this adds to the litigation process. Session 03: Discovery: Best Practices and A View from the Bench - Practical advice for how to conduct effective, ethical and efficient discovery. Session 04: Overcoming “Bad Facts” A Plaintiff and Defense Perspective - Tips and tricks to deal with low property damage, pre-existing conditions, gaps in treatment, lack of medical bills, DWI, criminal clients, and more at trial. Session 05: ​Anatomy of a Police Report - Police reports are often the beginning of your case, not the end. Session 06: Medical Bills in Car Crash Cases - Whether you’re an experienced trial lawyer or tackling your first car crash case, proving and challenging medical expenses can be daunting. Break down the nuts and bolts of this critical damages element, as well as more advanced strategies and recent case law impacting this ever-evolving area of the law. Session 07: Developing a Winning Deposition Strategy - Discuss the fail-safe tricks to ensure you have a winning strategy at depositions. Session 08: Proving Causation and Sufficiency of Evidence - Ever wonder why great verdicts get reversed and rendered? Don't learn the hard way: we'll show how to meet your burden of proof, present your expert, when to object, and what ipse dixit means!   Session 09: How to Defend a Corporate Representative -  Session 10: Jury Selection: What, Why, and How? - What information are you truly trying to obtain during voir dire, why do you need that information for your specific case, and how are you asking questions to get it? Intentional strategies to help plan your approach to jury selection and execute it. Session 11: Storytelling and Themes - This presentation includes real-world, trial-tested stories and story techniques that have been successfully used all over the country in red, blue, and purple counties for car wreck verdicts big and (relatively) small. Session 12: Overcoming the Problem Witness - Gain techniques to handle the difficult witness—yours or theirs. Session 13: Beating the Expert - Learn how to avoid being intimidated and how to set realistic, attainable goals when you depose the expert.

Includes: Video Audio Paper Slides

Session 01: Public Benefits Overview and Key Concepts - Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations. Session 02: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples. Session 03: The Ethics of SNT Administration - In this session, the presenters review the decisions a trustee makes in administering a trust, the standards a trustee should use in making decisions, and a framework to make sure the trustee’s decisions and actions are ethical. Session 04: Redlining the Basics with 1st Party SNT - Dissect a basic first-party SNT to highlight best practices with various key provisions, a walk-through relevant POMS provisions, and other practical tips in evaluating the use(s) of a first-party SNT. Session 05: Maximizing Public Benefits - Discuss how to identify what benefits your client has; what additional benefits they may be eligible for; what distributions by a trustee (or anyone) will make them ineligible; and what distributions will keep them eligible for those benefits. Session 06: Working Together: Texas ABLE Accounts and Special Needs Trusts - Learn about the tax-advantaged Texas Achieving a Better Life Experience Program (Texas ABLE®), a disability savings program created specifically for Texans with qualifying disabilities. This session covers specifics about Texas ABLE and how it can be used in conjunction with Special Needs Trusts, while helping to preserve state and federal means-tested benefits, including SSI and Medicaid. Learn how recent regulatory and legislative developments have continued to expand the flexibility and impact of ABLE accounts. Session 07: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track. Session 08: Sole Benefit Trusts: What, When, and Why - Focus on the uses of Sole Benefit Trusts, including distinguishing them from other types of special needs trusts. It will include practical application, hypothetical situations, and sample language. Session 09: A Quick Trust Tax Tutorial - You don’t need to be a tax lawyer, but every special-needs planner should know at least the basics of trust income tax. Explore key rules in an accessible way for non-tax practitioners. Session 09: SSA Regional Trust Leads Presentation Regarding SSI Trusts - The centralization of SSI trust reviews business process celebrated its 10-year anniversary in 2024. This session provides a look back, including improved quality, accurate and consistent trust determinations, and technical proficiency of employees. In addition, hear the latest regarding the legal opinion process, early termination, 90-day amendment period, and updates to the trust POMS. Session 11: Special Needs Trusts Ethics Jeopardy - Attorneys and trustees need to clearly understand their ethical obligations. Using the Jeopardy game show format, in this interactive session, the presenters cover various ethical issues encountered in a special needs practice, providing the answers while the audience provides the questions.

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Overview of Renewable Project Development and Finance - An overview of (a) key development contracts, and (b) the process of raising capital to develop, construct, and operate renewable energy projects. Session 03: Empowering the Grid: Title Considerations in Renewable Energy Deals - Explore the unique title challenges in renewable energy transactions. As the demand for clean energy continues to rise, understanding the intricacies of title work in this sector is crucial. Gain valuable insights into navigating title issues in renewable projects and how they differ from the traditional commercial and residential title insurance projects. Session 04: Finance: Introduction to Structure of Construction Financing & Role of Key Parties - Discuss the basics of construction finance, loan agreements and their key provisions, conditions to closing, and schedules and exhibits. Explore the role of commercial parties, counsel, and consultants and other third parties in the loan agreement negotiation process.   Session 05: Finance: Introduction to Structures for Tax Equity Investments in Renewable Energy Transactions - The Inflation Reduction Act has led to an uptick in tax equity investments in renewable energy transactions. Look at how these investments are structured and why, including a look at key transactions documents and new emerging hybrid structures that take advantage of tax credit transfers. Session 06: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Procurement and Construction in Energy Projects - Explore key considerations and potential pitfalls in structuring and carrying out procurement and construction for energy projects, including competitive bid processes, early design and engineering, and key contractual provisions, such as financing and tariff considerations and UFLPA and IRA requirements.  Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

Session 01: Beyond IT Security: Legal and Cyber Security Considerations in the OT World - Industrial Control Systems and Operational Technology have unique challenges and risks. Explore some of those risks from service disruption and data disclosure, as well as the legal and technical considerations and mitigations and some of the risk implications of emerging AI technology. Session 02: Navigating the Cybersecurity Landscape: Best Practices for Governance - A robust discussion and insights from the field on effective cybersecurity governance, including regulatory requirements, key elements of a governance program, and best practices and risk mitigation strategies. Session 03: Taking Your Incident Response Plan to the Next Level - An organization’s resiliency to a cyber-attack is critical to mitigating the operational, reputational, and legal impact of the incident. Explore the steps organizations should be taking to take their incident response plans to the next level, including harmonization among various response plans, developing detailed legal and privacy playbooks, and conducting exercises that target the most challenging issues organizations face in cyber-attacks. Session 04: Vendor Risk Management - A discussion with industry leaders on cybersecurity issues arising in vendor relationships. The panel discusses third party auditing, cyber incident notification, the recently adopted Reg S-P amendments, and vendor use of AI. Session 05: Do You Know What Your Outside Counsel is Doing to Protect Client Information? - Law firms are now targets for hackers, including nation-state actors that seek to steal sensitive and valuable client information and cause disruption and other damages. Are your outside counsel taking the appropriate steps to ensure the safety of your information? Session 06: The Role of the Board: Before, During and After a Cybersecurity Incident - A summary from sitting board members and board governance experts on obligations, tips, and best practices for boards in preparing for and responding to cybersecurity incidents, and in affectively evaluating and addressing the attendant risks. Session 07: Developing an AI Governance Program - Practical guidance and considerations in developing and implementing governance around the internal use of AI.

Includes: Video Audio Paper Slides No Materials

Session 01: Finaceability of Documents - Explore financeability requirements for documents in commercial real estate financing. Session 02: What Is Negotiable in Loan Documents - Discuss issues, motivations and explanations of the loan document provisions that are typically negotiated in a commercial real estate lending transaction. Session 03: Loan Modifications  Session 04: Contesting Property Tax Appraisals - The Property Tax Protest and Appeal process can be confusing. With fifteen-minutes as the average length for an Appraisal Review Board hearing, review strategies for what to do and not do before your values are set in the Summer, and tax statements arrive in the Fall. Session 05: Arrows in the Quiver: Remedies for Commercial Real Estate Secured Loans - Review of potential remedies available to enforce and collect commercial real estate secured loans. What are the requirements? What are the pros and cons?     Session 06: Give a Little, Get a Little - A push and pull open discussion of the interactions of lender counsel with the borrower, guarantor and equity counsels. Session 07: Title Insurance: Common Title Issues and Fixes - Hear a title insurance update including common title issues that arise in a transaction and how to clean up a title after a project as gone wrong. Session 08: Intercreditor Agreements: Avoiding Lender on Lender Violence in the Closing Process - An examination of intercreditor agreements from the perspective of each of the borrower, the senior lender and the mezzanine lender.  Session 09: Escrow Agreements - A review of the various uses, types of Escrow Agreements, Escrow Agent options, regulatory and drafting concerns and forms availability. Session 10: Follow the Money - How to Avoid Mortgage Fraud - The real estate and mortgage industry has seen an increase in fraud in the wake of the Pandemic. Learn to spot the red flags for avoiding mortgage fraud by getting to know your customers and going beyond the paperwork.

Includes: Video Audio Paper Slides

Session 1: Midstream 101: A Primer on Understanding Midstream Contracts and Identifying Key Issues - Explore midstream transactions and the contracts commonly utilized in the industry to gather, transport, and process oil and gas. Work through commercial and regulatory considerations and key issues when drafting midstream contracts. Session 2: The Oil and Gas Lease, Part I: Classification, Scope of Grant and Duration - An in-depth focus on how an oil and gas lease is classified in law and on the key clauses of the lease. Session 3: The Oil and Gas Lease, Part II: The Royalty Clause in an Oil and Gas Lease - In Texas, the calculation of the royalty obligation created under an oil and gas lease is determined by looking at the specific language contained in the royalty clause. Royalty terms in the lease such as "market value at the well" or "amount realized" establish how the royalty payor must measure and calculate royalty, and what post​-production costs can be allocated to the lessor interest. This presentation reviews some of the principal phrases used to describe such obligations and how the Texas courts have interpreted them, and examine​s how that same language has been interpreted differently in other jurisdictions. It analyze​s the impact of division and transfer orders and royalty payment statutes on royalty obligations contained in the lease. Session 4: The Oil and Gas Lease, Part III: Implied Covenants - Examination of the law of implied covenants, including the duties imposed, elements necessary to establish a claim, and remedies and defenses available. Session 5: The Oil and Gas Lease, Part IV: Other Clauses - Review other clauses in an oil and gas lease, including surface use clauses and riders, retained acreage and proportionate reduction clauses, and savings clauses such as continuous operations, dry hole, force majeure, and shut-in gas royalty clauses. Session 6: Emerging and Re-Emerging Issues in the Use of Surface for Oil and Gas Operations - Explore the nature and extent of the implied easement to use the surface, and a framework for analyzing the accommodation doctrine. Also hear a survey of emerging and re-emerging issues involving conflicting uses of the surface estate, including conflicts with renewable projects, saltwater disposal operations, sand mining, and subsurface easements. Session 7: The 2015 AAPL Form 610 JOA – How to Complete It and Live With It - A checklist and guide to filling in all of the blanks in the 2015 AAPL Joint Operating Agreement and drafting suggestions along with some suggested additional provisions. Session 8: Indemnity Provisions in MSAs: Texas vs. New Mexico - A practical review of the application of indemnity provisions in Texas vs. New Mexico. Session 9: Ethics for Lawyers and Landmen - A look at the ethical obligations of both lawyers and landmen: where they align, and where they diverge, using hypotheticals based on real-world situations.

Includes: Video Audio Paper Slides

Session 1: Investigating Sensitive Employment Complaints​- The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process. Session 2: Handling and Responding to an Investigation (When Your Employees Are Remote) - As a result of the COVID-19 pandemic, many companies have transitioned important business functions from in-person to fully remote. Listen to a discussion about key practical issues for companies to consider when carrying out investigations in the remote working environment. Session 3: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes. Session 4: The New Landscape for Sexual Harassment Claims in Texas - Texas lawmakers have recently expanded the protections for employees asserting sexual harassment claims. Analyze the new longer statute of limitations, broader definition of employer, potential individual liability, heightened duty to respond, and more. Session 5: Employee Activism and Workplace Political Speech - Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities. Session 6: Mediation Strategies, Solutions and Lessons Learned - The success of mediation is influenced by the information exchanged in advance, the type of mediation (remote or in-person), the inclusion or exclusion of a joint opening session, and many other factors. This panel discusses best practices for opening lines of communication, getting past the impasse, and finding a resolution. Session 7: Ethics: Can We Talk? - This session explores the limits on attorney communication with employees, former employees, and other potential witnesses in the context of employment litigation. Special attention will be given to the ethical considerations associated with joint representation of a party and a potential witness, including concerns surrounding the use of such representation to limit the ability of the other side to communicate with a potential witness.

Includes: Video Audio Paper Slides

Session 1: The Duty of Technology Competence - Understand the importance of technology competence for your practice and the ethical obligations to be competent. Explore the current landscape and recent decisions in this area, as well as common problem areas for attorneys. Session 2: Conducting Cost-Effective E-Discovery and the Use of Technology Assisted Review (TAR) - Examine how technology-based processes, specifically technology assisted review (TAR), can be cost-effective and efficient solutions for e-discovery in litigation. This session highlights situations where TAR is often the preferred tool over attorney review and flags times that it is not, and discusses how to address contentious issues that may arise in TAR-related negotiations with opposing counsel.  Session 3: Communication - Attorneys have a duty to keep client communication secure. Get practical tips on conducting communication with the courts or with opposing counsel, as well email filtering and its impacts on communication including filing deadlines, etc. Session 4: Cybersecurity and Protecting Against Cyber Scams - An informative program about the legal standards that govern a compliant cybersecurity program as well as an update about the ethical duty of technology competence that affects all Texas lawyers. Session 5: ChatGPT Ethics - Topic description generated by ChatGPT: Using ChatGPT for legal purposes promises efficient information processing, yet raises ethical concerns including client confidentiality and the risk of providing inaccurate advice. It is paramount that attorneys ensure adequate supervision, maintain professional discretion, and stay vigilant about the tool's limitations to uphold their ethical obligations.

Includes: Video Audio Paper Slides