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(Click on People's Pictures Below to Read their Biographies)
_____________________________________________________________________________________Plenary 1: The Inside/Outside Counsel Relationship: Best Practices With an outside counsel acting as the moderator, a panel of three in-house lawyers will explore their respective views on the best practices for managing outside counsel, including selection of outside counsel costs; creative and alternative billing arrangements; quality control; written opinions of counsel and other reporting requirements for outside counsel; and counsel selected by the insurance carrier.
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Article 1 in HTML / PDF / Word Article 2 in HTML / PDF / Word Article 3 in HTML / PDF / Word Article 4 in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop A: Labor Issues in the New Dawn With the Obama administration now on the scene, the federal government's approach to labor issues has changed. There has been and will be new regulations, executive orders, and legislation, such as The Employee Free Choice Act and the Order regarding the use of Project Labor Agreements. New appointments at the NLRB, DOL, EEO, OFCCP, and other agencies will result in changes in the enforcement of existing regulations and laws. A two person panel will address the color and shades of this new dawn from both the union and non-union contractor's perspective.
Article 1 in HTML / PDF / Word Article 2 in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop B: Advanced Litigation Management Principles The panel will address the issues faced by in-house counsel in managing complex construction litigation including, the relationship between in-house counsel and outside litigator, litigation budgets, protecting privileged communications and proprietary information, cost effective discovery, selection and use of experts; the role of in-house counsel in the litigation process; and claim prosecution and joint defense arrangements.
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Article in HTML / PDF / Word Appendices in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop C: Complying with the Conflicting Waves of Immigration Rules Today's multinational work force requires employers and their in-house and/or outside counsel to understand the wave of state and federal immigration requirements and compliance requirements. This session will focus on these changing laws and regulations as they effect the employer, including a case study of what one state has done to address immigration. Some of the topics include; the pitfalls and landmines associated with the I-9; everything you need to know about e-verify; what to do when you discover an undocumented worker on the company's payroll; traps to avoid when assisting employees with applications to work; Social Security no match regulation; the effect of new laws and federal policy on the employers work force; conflicts between state and federal immigration-related rules; and where are we headed.
Article 1 in HTML / PDF / Word Article 1 Appendix in PDF Article 2 in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop D: Drafting and Negotiating the "New" Key Contract Clauses Negotiating and drafting contract clauses that properly allocate the risk on a construction project is a key task for both in-house and outside counsel. This panel will discuss the general philosophy regarding the negotiation and drafting of these clauses. They will also provide an in-depth evaluation of the primary risk shifting clauses found in construction contracts including scope of work, performance guarantees, limitations of liability, waivers of consequential damages, differing site conditions, indemnity, and liquidated damages/incentives and practice pointers for both drafting and negotiating these provisions as well as commentary on effective tools for educating management personnel on the recognition of the "new" red-flag contract terms.
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Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Lunch Speaker
Workshop E: Electronic Documents - Control and Legal Fine-Tuning As the world continues to evolve in the electronic age, the practical control and management of the exponential growth of digitally stored data so that a company can effectively and economically function is more critical than ever. To complicate matters, it is no longer enough simply to manage the electronic documents. Now, emphasis must be put on ensuring the integrity of the content of the data - protecting BIM models, CAD files, photographs, and sound files. Then there is the issue of whether electronic communications meet the notice requirements of the contract or statutes. Finally, there is the problem of developing a system for managing electronic documents that is effective when litigation begins and how to control the cost of electronic discovery. This workshop provides best practices and practical suggestions on how to manage and maintain electronic files.
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Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop F: Tiptoeing through the Government Contract Minefield Doing business with the federal government can be profitable, but you must understand the rules of the game. The panel in this session addresses the top ten issues facing companies doing business with the federal government in today's market. The workshop is geared to both the sophisticated government contract practitioner and those who may be new to the game. The workshop will address the differences between dealing with the federal government and companies in the private sector; the FAR and other regulations; the new compliance and disclosure requirements and how they effect in-house counsel; false claims; bidding federal contracts; the Stimulus Act; subcontractor payment requirements; billing and collecting from the government; truth in negotiations; ADR tactics with the federal government; DBE/MBE issues; record-keeping; and bribery. Attendance is a must for those contracting with the federal government.
Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 2: Managing the Swell of Conflicting Regulation in the Construction Industry Management and compliance with the ever-increasing level of state and federal regulation of the construction industry and its professionals is a growing challenge for industry counsel. Contractors, design professionals, construction managers, and design-builders operating in multiple jurisdictions must deal with often conflicting trends in licensing, registration, responsible persons-in-charge, bonding, and other issues. This session will discuss the results of fifty-state surveys of key regulatory issues applicable to the construction industry. The surveys will be provided as part of the written course materials.
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Article in HTML / PDF / Word State-by-State Licensing Matrix in HTML / PDF / Word State-by-State Lien Matrix in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 3: Legislating Construction Contract Terms and Conditions Legislative restructuring of contractual relationships among construction industry participants is gathering momentum among the States and is altering the terms and conditions of construction agreements you draft, often without your knowledge. The panel will examine in depth the impact of state legislation on substantive contract provisions including dispute resolution requirements, changes and payment terms, payment security, and choice of law provisions.
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Article in HTML / PDF / Word 50 State Survey Index in HTML / PDF / Word 50 State Survey in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 4: Employment and Discrimination in the Real World Managing employees in the construction industry has its challenges in these difficult economic times. These challenges include: the lawful use of background checks in the hiring process, compensating employees in compliance with the Fair Labor Standards Act and state wage and hour laws, handling employee leaves under the Family and Medical Leave Act and Americans with Disabilities Act, and downsizing the workforce and reducing costs in a way that does not violate the many discrimination statutes with which employers must contend. With such a multitude of challenges, the panel will provide tips on the ways employers can avoid liability when it comes to the management of your workforce.
Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop G: Forum on Selecting Outside Counsel This interactive workshop is limited to in-house counsel so you can have an open and candid conversation regarding selection of outside counsel. The panel will address, with audience participation, outside counsel selection for all types of construction-related assignments, including transactional, negotiation, litigation and ADR. The "BUY" discussion will focus on the key factors to consider in selecting outside counsel; how to obtain good referrals; the initial meeting; how to select the best firm or lawyer for the matter; the pros and cons of various fee arrangements; the importance of rates; and the essential elements of the engagement letters.
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Article 1 in HTML / PDF / Word Article 2 in HTML / PDF / Word Article 3 in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop H: Where's the Money? "Cash Is King" has never been truer than in the last twelve months. With banks failing, funds trapped in FDIC takeovers, equity evaporating, and projects halted, how can you secure payment for your clients? The panel will address the stress placed on traditional methods of financing and securing payment by the global economic downturn and provide practice pointers for companies that are entering into projects and for those seeking payment.
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Article 1 in HTML / PDF / Word Article 2 in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 5: Business Ethics & Professionalism: Representing the Construction Industry Inside and outside counsel have their respective ethical challenges in the construction industry. This session will explore several of these ethical issues: Influencing Without Authority: Distinct Roles for Inside and Outside Counsel - or Are They? (The duties and liabilities of inside counsel contrasted with those of outside counsel and their respective roles with the client.); Who Is My Client? (The ethics issues associated with representing a company and its owners/officers/directors amid potential conflicts and potentially divergent interests); Multi-Jurisdictional Practice Issues for the Construction Lawyer (the normal issues plus the concern of counsel, inside or outside licensed in one state, handling matters and communications across multiple jurisdictions for their client); and Privilege Issues and the In-House Counsel.
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Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ |
