There are numerous participants in constructing a building or other type of project: owner/developer, general contractor/construction manager, sub-contractors, vendors and design professionals. Sometimes the owner/developer is a public entity with different considerations and constraints from that of a private entity. In view of the number of interested parties and the complexity of each project, disputes abound. This program covers the types of disputes which commonly arise, mechanisms to avoid procedural snafus and options in employing alternative dispute resolution alternatives. It comprises the first of two parts, the latter of which will focus on methods of calculating damages, enforcing and securing payment for work on construction projects, and will be held in the fall.
This program is an introduction to the probate process in NYS and will include a review of the probate process, requirements, forms and pre-mortem preparation as well as to typical issues that arise in administering estates. There will also be a brief discussion of probate contests and 1404 depositions. Finally, there will be a review of why and how to avoid the probate process using revocable trusts and other legal entities.
The Foreign Corrupt Practices Act ("FCPA") continues to be one of the focal points of the Securities Exchange Commission's and the Department of Justice's enforcement program. Enforcement actions, civil and criminal, are continuing at pace and the cost of resolving FCPA actions is getting more onerous. At the same time, the U.K. Bribery Act and other foreign anti-corruption laws are gaining in prominence. Multinational companies increasingly face bribery risks in their international business activities. Such risks can, however, be detected and managed. The experienced faculty of private practitioners, regulators, and prosecutors will provide an in-depth analysis of the FCPA's current trends and implications.
This program examines the most recent issues a practitioner needs to be aware of with respect to end-users and derivatives. These include how the ISDA Resolution Stay Protocol and its possible expansion affects end-users and what impact it has on the bankruptcy process. For example, what happens if a dealer counterparty goes insolvent? Also examined are what commercial end-users need to know to trade uncleared swaps, what is mandatory clearing, and when and how can end-users claim an exemption from mandatory clearing. Current Topics for End-Users of Swaps addresses these and other essentials to a legal practice intersecting with derivatives. No previous experience with derivatives law is required for this program.
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