Saving Attorney Fees in Litigation and Bankruptcy: The ADR Alternative

David Warren (Greenville and Raleigh)

This program will review types of Alternative Dispute Resolution and offer practical suggestions for how to guide businesses to less expensive alternatives to conflict resolution, either before or after a lawsuit is filed.  For insolvency situations, we will cover the alternatives to a Chapter 11 or 7 filing including Assignments for Benefit of Creditors, State Court Dissolution, Creditor Composition and Receiverships. The program will include tips on how to protect information shared under the Federal Rules of Evidence and how to structure voluntary discovery before mediation or outside of a bankruptcy filing. For creditors, we will discuss formation of an unofficial creditors’ committee and the power it can have in dealing with a struggling debtor.

Records Retention Policies and Practices

Many businesses do not consider the need for an efficient document retention policy and practice until it is too late. Every business is subject to legal requirements to retain certain documents with many businesses having much greater legal compliance requirements due to their industry. We will discuss many of these legal requirements and why having a fundamental document retention policy and practice can save your client’s business time and resources.

"Deadly Sins" that Invite Litigation: Lessons from the Frontline

Based on a review of claims and legal actions asserted against accountants in recent years arising from audit and consulting work, we will cover the deficiencies in accountants’ work that are frequently alleged.  For each alleged deficiency, the discussion will include suggested steps that accountants can take when planning, confirming to the client, and implementing the engagements, and in documenting the work performed, to avoid such claims.         

Fast Talk with Poyner & Spruill - 30 Business Tips in 60 Minutes

Join us for a panel discussion with Poyner & Spruill attorneys. In a fast-paced fashion, we will share 30 tips for you to use with your clients concerning best business practices and mistakes we see clients make.

Franchising and Its Alternatives

Learn how franchising and its alternatives can help your client grow its business.  In this session we will consider how to plan for future growth and what must be done to preserve business alternatives.  Some of the main topics include advantages and disadvantages of franchising, the new Federal Franchising Disclosure Rule and the main alternatives to franchising.  

Case Developments Under IRC Section 2036

and Special Concerns in Family Limited
Partnerships Planning

Currently, the most effective weapon of the Internal Revenue Service in attacking valuation discounting of Family Limited Partnerships (FLPs) is Internal Revenue Code Section 2036 (IRC Section 2036). IRC Section 2036 applies if the decedent has retained a prohibited "string" on the interests transferred in an FLP or has the right either alone or in conjunction with any person to designate the use or enjoyment of the FLP. If IRC Section 2036 applies, the entire value of the FLP can be included in the estate of the decedent for estate tax purposes. This presentation will discuss recent court cases under IRC Section 2036 regarding FLPs, how to cure flawed existing FLPs and how best to avoid IRC Section 2036 on the formation of future FLPs.

Pitfalls and Policies:  Cautions for Employers and Those Who Advise Them

Employers face many potential difficulties regarding the implementation and enforcement of their workplace policies, and Robert Meyer will explain the most common remedies.  You will learn how to recognize Wage & Hour pitfalls, bonus issues, problems arising from vacation pay, and the importance of careful exempt or non-exempt classification.  Also addressed will be the key policies that every employer should have in place, including anti-discrimination, harassment, and disciplinary policies.  Finally, the presentation will cover issues surrounding background checks and the laws that govern them.

Yikes! The Government Is At My Door

Various government agencies can show up to conduct on-site investigations of your clients. The company’s immediate and ongoing response dramatically shapes the outcome. This segment of our seminar will cover crucial information for dealing with investigations by EEOC, OFCCP, NCDOL, USDOL and OSHA.

Mergers & Acquisitions Panel Discussion - Tips and Pointers Related to Acquisition & Sale Transactions

We will discuss various dos and don’ts in connection with acquisitions  and divestitures, providing pointers in connection with transaction structure considerations, documentation and negotiation strategy issues, indemnification provisions, earn-outs and other contractual terms.