The Small Business Reorganization Act of 2019 gives financially distressed small businesses and individuals a new lifeline in Bankruptcy Court. Under the new Subchapter V of Chapter 11, taking effect in February 2020, Congress has created a procedural mechanism for a new streamlined and simplified restructuring plan to be approved by bankruptcy courts to provide relief to the many small business owners who find themselves struggling to keep afloat. We will cover basic procedures for these new Small Business Subchapter V bankruptcies, try to anticipate how the court will administer these cases and try to identify those types of cases that would most benefit from this all-new opportunity for restructuring.

The Small Business Reorganization Act of 2019 gives financially distressed small businesses and individuals a new lifeline in Bankruptcy Court. Under the new Subchapter V of Chapter 11, taking effect in February 2020, Congress has created a procedural mechanism for a new streamlined and simplified restructuring plan to be approved by bankruptcy courts to provide relief to the many small business owners who find themselves struggling to keep afloat. We will cover basic procedures for these new Small Business Subchapter V bankruptcies, try to anticipate how the court will administer these cases and try to identify those types of cases that would most benefit from this all-new opportunity for restructuring.

Construction litigation is not simple contract law. Rather, it is a complex practice area typically involving multiple party litigation that is controlled by both contract principles and governing statutes such as the New York Lien Law. This course offers a primer on construction litigation including the controlling principles, pre-commencement considerations, and the identification of proper parties. The panel will also present on frequently litigated construction issues such as progress payments and delay claims. The panel consists of Tony Adams and John Dreste, two of Rochester’s most experienced construction litigators.

How comfortable are you with working capital concepts in M&A transactions? In a due diligence review of a company's financial statements, can you identify and recognize working capital issues? How well can you address working capital issues when drafting transaction agreements? How should working capital adjustments be structured? This program seeks answers to those questions and more by discussing issues related to working capital in the transactional setting. In particular, the program will touch on the following topics: * Vocabulary of terms * Typical working capital adjustments and considerations * Financial statements due diligence with an eye toward identifying working capital issues, and drafting for them accordingly in the governing documents * Industry specific considerations that may affect purchase price adjustments * A discussion of traps for the unwary

If you have considered joining a non-profit board this is a program that will help you make the right decision. This CLE will provide participants with a general overview of practical and ethical issues that should be taken into consideration when joining a board. Topics explored will include how to select an organization, the roles and responsibilities of board members, your role as an attorney on the board, and how to handle ethical issues arising from board membership (including ethical conflicts of interest).

This CLE will provide business and transactional attorneys with best practices involving software license agreements, including an understanding and overview of the critical elements in a software license agreement, and the common challenges that often arise during the course of drafting and negotiating those agreements.

Topics include:

* Key provisions that should be included in every software agreement, including risk allocation provisions (indemnification, representations and warranties, and limitations of liability)

* An overview and tips regarding specific types of agreements, including EULAs (end-user license agreements) and SaaS (software as a service) agreements

* Intellectual property issues

* Protecting IP with software escrow - why, when and how?

The presentation will emphasize solutions and suggestions for transactional attorneys, drawing on the presenter's experience and in-depth knowledge.

Join us for a discussion about the elements of force majeure clauses and how clients may be able to invike these provisions to excuse contractual performance as a result of COVID-19. Find out how insurers are responding to billions of dollars worth of business interruption claims. Continue the discussion about landlord and tenant considerations in connection with commercial spaces as a result of COVID-19 and government ordered shutdowns.

Selling a business is an exciting and stressful time for a client - and the business attorney.  Substantially all of a client’s net worth may be invested in the business, so strategies to maximize the return on a sale are critical for a secure financial future.  This program will educate attorneys on two valuable strategies for selling a business - an Employee Stock Ownership Plan (ESOP) sale, or selling to a Private Equity (PE) firm.  Sales involving an ESOP or PE are complex strategies presenting unique challenges to the business attorney.  Through expert discussion and practical examples by our presenting attorneys, business attorneys will learn how these strategies may help to bring greater value to their clients as part of the sale process.

Clients forming new businesses are faced with a multitude of issues. Then, once a business is up and running, clients are faced with a whole new host of issues. In this program, we will discuss legal issues and considerations when forming and maintaining a business. In addition to basic choice of entity considerations, formation issues to be discussed include financing issues, tax treatment, corporate governance and control, and transfer restrictions among others. Ongoing business entity maintenance topics to be discussed will include corporate governance, fiduciary duties owed to minority owners, valuation considerations, and legal compliance among others. 

This CLE will provide business and transactional attorneys with a litigator's perspective on drafting and litigating buy-sell agreements among business owners. Specific topics to be discussed include:

* Dangers of relying on boilerplate provisions.

* Determining if and when to commence litigation over a buy-sell agreement.

* Litigation considerations when drafting buy-sell agreement provisions, such as valuation, deadlock resolution, and management following an operative event, such as death or termination of employment.

* Fiduciary duties owed by a managing owner to non-managing owners.

The presentation will emphasize solutions and suggestions for transactional attorneys, drawing on the presenter's experience and in-depth knowledge.

This two-part seminar focuses on negotiating, drafting and working with bank loan documents. Presented by Jennifer Chadwick and Collin Doane, session one will explore the impact of negotiating certain loan document provisions in the event of a loan workout or litigation. After lunch, Nicholas Gatto and Jeffrey Morse will provide tips and practical solutions to help better understand subordination and intercreditor agreements and the issues that may arise in negotiating these documents for your clients.

Learn about the basics of preparing governance and policy documents for New York not-for-profit organizations, including preparing annual filings, and recent updates to Federal and New York law. This session will hit the highlights of various governance policies and IRS Forms 1023 and 990 from legal and accounting perspectives.

The resources available to nonprofit governing boards in New York are intended to allow independent, well-meaning volunteers to assess community need and adjust their institutional response accordingly. The current composite of crises has accelerated the pace of change and forced a level of engagement not seen for decades. Join us to learn what has changed, and what remains.

This program will review the second round of legislation regarding Payroll Protection Program loans. The new legislation includes expanded eligibility allowing 501(c)(6) organizations to obtain PPP loans. And it offers existing PPP borrowers to obtain a second PPP loan. It also provides a new forgiveness application for small loans. Panelists will also review the deductibility of business expenses paid with PPP loan proceeds and examine changes to the employee retention tax credit.

This webinar will cover updates to the Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loans (“EIDL”), including how to calculate loan forgiveness, updates to eligibility, and an overview of the changes to the programs.panel - composed of lawyers and a banker - will provide real life tips and insights for applicants and borrowers utilizing these programs. If you are participating in either PPP or EIDL, or even thinking of doing so, you will not want to miss this timely seminar! Business Law Section Moderator: Steven R. Gersz, Underberg Kessler Panelists: Emily Cohen, Harter Secrest & Emery & Virgil Joseph, M&T Bank

Topics Include: * Latest issues related to SAFE, KISS and convertible promissory note form documents * Securities Law compliance issues related to Regulation D, crowdfunding and State Securities Law * Internet coin offerings - What the heck is an Internet coin? * Ethical issues for attorneys seeking to invest in or alongside clients, and accepting equity in consideration for legal fees

This program will tell you what you need to know about the CARES Act loan program to benefit your clients and your own law firm. Panelists will sort out the alphabet soup of EIDL and PPP loans, examine how to pick among the available relief program alternatives, and provide you with an understanding of the mechanics of the loan application process. The program includes: 1. An overview of EIDL and PPP 2. Which of the CARES Act programs is right for me? Comparing and contrasting the EIDL and PPP loan programs, and benefits available under other CARES Act tax credits 3. Tips for preparing the EIDL loan application & the EIDL loan advance 4. Tips for preparing the PPP loan application

Numerous commentators have concluded that tax reform has upended many of the traditional considerations in choosing an entity. But, has it? This CLE will review the tax considerations in choosing a form of business organization in light of tax reform. It will also include a detailed review of recently proposed regulations related to the partnership pass-through deduction.

Law firms have leaned on hourly billing since there have been law firms. But legal consumers view that as problematic, because the model promotes inefficiency and uncapped fees. That means that law firms are starting to develop alternative pricing models that respond to downward pressure from consumers related to cost, while still providing quality service. We’ll run down all the options. 

Join us for a timely review of the Marijuana Regulation and Taxation Act, signed into law by Gov. Cuomo on March 31, 2021. Panelists will discuss the legislative intent of the law and provide an overview of the Office of Cannabis Management. The social equity features of the law will be explored as well as the allocation of the anticipated revenue. Panelists will also examine the sorts of business opportunities the new regulatory structure provides and explore the ethical implications of providing advice to cannabis businesses in the face of federal prohibition. Finally, the program will provide a brief overview of changes in the criminal law included in the MRTA, including provisions for the expungement of criminal records.

Commercial litigators often face a challenge over hastily concocted corporate, limited liability or partnership agreements. Eager principals want a quick agreement, “down-and-dirty.” But these same agreements spawn inevitable litigation when the participants seek to divide handsome profits or escape strangling debts. This panel - the district’s commercial division judge, an experienced litigator and an equally experienced draftswoman - will guide attorneys through the pitfalls of these agreements.

The Small Business Reorganization Act of 2019 gives financially distressed small businesses and individuals a new lifeline in Bankruptcy Court. Under the new Subchapter V of Chapter 11, taking effect in February 2020, Congress has created a procedural mechanism for a new streamlined and simplified restructuring plan to be approved by bankruptcy courts to provide relief to the many small business owners who find themselves struggling to keep afloat. We will cover basic procedures for these new Small Business Subchapter V bankruptcies, try to anticipate how the court will administer these cases and try to identify those types of cases that would most benefit from this all-new opportunity for restructuring.

Join us for a discussion about the elements of force majeure clauses and how clients may be able to invike these provisions to excuse contractual performance as a result of COVID-19. Find out how insurers are responding to billions of dollars worth of business interruption claims. Continue the discussion about landlord and tenant considerations in connection with commercial spaces as a result of COVID-19 and government ordered shutdowns.

Selling a business is an exciting and stressful time for a client - and the business attorney.  Substantially all of a client’s net worth may be invested in the business, so strategies to maximize the return on a sale are critical for a secure financial future.  This program will educate attorneys on two valuable strategies for selling a business - an Employee Stock Ownership Plan (ESOP) sale, or selling to a Private Equity (PE) firm.  Sales involving an ESOP or PE are complex strategies presenting unique challenges to the business attorney.  Through expert discussion and practical examples by our presenting attorneys, business attorneys will learn how these strategies may help to bring greater value to their clients as part of the sale process.

The resources available to nonprofit governing boards in New York are intended to allow independent, well-meaning volunteers to assess community need and adjust their institutional response accordingly. The current composite of crises has accelerated the pace of change and forced a level of engagement not seen for decades. Join us to learn what has changed, and what remains.

Join us for a timely review of the Marijuana Regulation and Taxation Act, signed into law by Gov. Cuomo on March 31, 2021. Panelists will discuss the legislative intent of the law and provide an overview of the Office of Cannabis Management. The social equity features of the law will be explored as well as the allocation of the anticipated revenue. Panelists will also examine the sorts of business opportunities the new regulatory structure provides and explore the ethical implications of providing advice to cannabis businesses in the face of federal prohibition. Finally, the program will provide a brief overview of changes in the criminal law included in the MRTA, including provisions for the expungement of criminal records.

Commercial litigators often face a challenge over hastily concocted corporate, limited liability or partnership agreements. Eager principals want a quick agreement, “down-and-dirty.” But these same agreements spawn inevitable litigation when the participants seek to divide handsome profits or escape strangling debts. This panel - the district’s commercial division judge, an experienced litigator and an equally experienced draftswoman - will guide attorneys through the pitfalls of these agreements.

Presented by the MCBA Young Lawyers Section this CLE program is specifically designed for criminal defense and civil rights attorneys called "Defending Rochester: Overview of Criminal Defense and Civil Litigation in Protest-Related Cases." Led by moderator Victoria Bahl, the panel, including civil rights attorney Elliot Dolby Shields, as well as experienced criminal defense attorneys Jessica Naclerio, will provide an overview of the law as it applies to protest-related criminal cases and the groundwork to challenge criminal charges under state and federal law.

Join Fourth Department Clerk Mark Bennett and Deputy Clerk Alan Ross as they discuss e-filing in the Fourth Department, including the new rules, effective July 1, governing e-filing in criminal and Family Court appeals. Our panelists will discuss the origin and mechanics of e-filing in the Fourth Department, the way the rules that apply to criminal and Family Court appeals were conceived and will continue to evolve and plans for expanding e-filing in the future. They will also answer any questions and respond to any concerns about the new rules. If you practice in the Fourth Department, you will not want to miss this timely program. 

Take a break from the summer heat to join Associate Justice Stephen K. Lindley for his review of key 4th Department criminal decisions from 2019 and 2020. What key facts drove these decisions? How do they fit with other trends at the court, in both the 4th Department and elsewhere? What issues were decided, and which ones were not? What practice pointers can be taken from the decisions? How will these decisions affect your criminal trial practice or your appellate practice?

Back by popular demand! Associate Justice Stephen K. Lindley returns with Part Two of his Fourth Department Criminal Update, this time focusing on cases involving suppression issues, procedural issues arising at trial, disqualification and recusal issues, and issues relating to guilty pleas, among others.” Justice Lindley’s candor and insights into the processes of the court and the thinking of the judges are invaluable. How will these decisions, and the light Justice Lindley sheds on them, affect your criminal trial practice or your appellate practice? 

Changes in the criminal law and in the operation of county courts have been numerous and frequent since our two new county court judges took office only a few months ago. Join us for a conversation with Hon. Karen Bailey Turner and Hon. Michael Dollinger on these changes and how they affect the business of the courts today. Learn about our new judges and how their chambers operate, about bail reform, discovery reform, virtual appearances, and designated judges. This will be an eye-opening and practical program you won’t want to miss.

Learn about the importance of bloodstain pattern analysis from an internationally recognized forensics expert who uses hands-on experiments to help participants develop their own blood stain standards. This unique CLE will cover BSPA basics, its usage in criminal and civil cases, evaluating expert credentials and the ethics of working with them, as well as demonstrative evidence options and courtroom support.

Presentation and discussion with Timothy Donaher, the Monroe County Public Defender and Monroe County Sheriff Todd Baxter. Mr. Donaher and Sheriff Baxter will discuss the recent proposals of the New York State Sheriffs’ Association to make eight changes to New York law by making Resisting Arrest a felony, adding a felony of failure to retreat from an officer engaged in performance of duties, and adding several new felony level crimes designed to protect police officers. Sheriff Baxter will also discuss programs available to inmates at the Monroe County Jail.

Statutory changes in New York Law, with respect to the age of criminal responsibility, will be presented, followed by a panel discussion of the new Raise the Age Law, effective dates and the affect on existing Criminal and Family Law - now and in the near future.

For those who handle criminal cases, you may have heard that the grand jury will not be convening in the coming weeks. That means that if prosecutors want to hold someone in custody after 144 hours, they will have to do a preliminary hearing. Not as uncommon as a unicorn, preliminary hearings have been infrequent in recent years as the prosecutors in Monroe County engaged in more robust grand jury practice.Unsure of how to do a preliminary hearing? Join us for a live CLE via fully interactive webcast.

The COVID-19 pandemic has brought unprecedented changes to the practice of labor and employment law. This program will cover important legal developments, while also providing practical advice for employers. The program will explore the current state of the law and examine important pieces of legislation affecting employment issues arising from the pandemic. Much of our focus will be on considerations for employers as employees return to work, including working with employees who are ill or exposed to COVID-19, health screenings for employees, cleaning and sanitation protocols, as well as a discussion of relevant guidance from the EEOC, CDC, and OSHA.

The ADA (Americans with Disabilities Act) is different than other civil rights laws, as it places affirmative obligations on employers, public entities and places of accommodation. Your clients may be discriminating against people with disabilities without even knowing it. Join us for a two hour CLE in which we go over the basics of the ADA, dispel myths about people with disabilities, and discuss common scenarios we see as plaintiff-side discrimination lawyers.

Under new state laws, ALL employers can now be liable for sexual harassment in the workplace. They must have a written prevention policy and train all employees annually. Mandatory arbitration and mandatory nondisclosure provisions are prohibited. This program will address these and related new laws so that counsel for employees, employers and unions will understand their rights and obligations.

In 2018, New York adopted anti-sexual harassment legislation that Gov. Andrew Cuomo described as the "strongest and most comprehensivae" in the country. In 2019, another package of anti-discrimination and anti-harassment measures were signed into law, expanding the sexual harassment reforms from the prior year. The laws impose new requirements on employers and will significantly change the course of litigation of sexual harassment claims. There have also been other changes in the Human Rights Law, affecting all employment claims, such as attorney fees, coverage of contractors, and size of employers. In this program, panelists who represent employees and employers - along with Julia Day, the regional director of the Rochester office of the New York State Division of Human Rights that will investigate and adjudicate these claims - will provide insight from their respective areas on the new laws and anticipated changes.

Disabled parents are the only distinct community of parents who must struggle to retain custody of their children solely due to their distinction of being disabled. In all too many cases, the mere existence of a disability is used against the parent without regard to how that individual is actually capable of parenting safely and successfully. Disabled parents have their children removed in welfare cases at a higher rate than non-disabled parents and generally have a more difficult time getting the children returned to them. This program will examine the laws in place which can be used to protect disabled parents and the strategies to address the biases which are present in the courtroom. Our panel includes an expert on disability rights, a former Family Court practitioner with 18 years experience, and a parent whose disability was used against him in child welfare proceedings.

The impact of the coronavirus pandemic has already significantly changed the way law firms practice; and, those changes will be long lasting and far reaching, even as the outbreak is eventually controlled, and we all return to normal life.

If you’re now being forced to operate a virtual law practice, when your law firm had previously existed as a traditional business, you’re likely scrambling to get up to speed as quarantines take place across the world, and populations affirmatively engage in social distancing.  Without

another option, you’re left to adopt a virtual law practice model, or risk the continuity of your business.

In this webinar, we’ll show you how to get ramped up to a virtual law firm business model (both from a marketing, as well as a technology  

perspective) as quickly as possible, with discrete tasks you can engage as soon as this week.  It’s not as hard as you think; but, you have to start somewhere -- start here.

The last four years have brought systematic roll-backs of hard-won federal protections for LGBTQ+ people across the country. So far, 2020 -- a year of clarity in the now rather than retrospectively -- has been a roller coaster ride in myriad ways, including the realm of LGBTQ+ federal rights. In a pleasantly surprising Bostock decision this summer, the US Supreme Court declared LGBTQ+ employees are protected under Title VII. But now SCOTUS is considering Fulton v. Philadelphia, a case that weighs religious freedoms against the right of LGBTQ+ people to foster children -- all with the Court's newly minted conservative majority. In this virtual CLE program, expert legal practitioners involved in these cases will explore where LGBTQ+ federal rights stand today and what may be in store for us with Fulton and the new makeup of the US Supreme Court.

 CLE: Deconstructing Defund: What Does Defund the Police Mean and What are its Implications? Moderated by Erin Elmouji, Esq., Woods Oviatt Gilman, LLP, this will be a panel discussion featuring Duwaine Bascoe, Esq., Abrams Fensterman LLP; AJ Durwin, Esq.,; Ashley Gantt, New York Civil Liberties Union; and Chief David Catholdi, Brighton Police Department. 

The ADA (Americans with Disabilities Act) is different than other civil rights laws, as it places affirmative obligations on employers, public entities and places of accommodation. Your clients may be discriminating against people with disabilities without even knowing it. Join us for a two hour CLE in which we go over the basics of the ADA, dispel myths about people with disabilities, and discuss common scenarios we see as plaintiff-side discrimination lawyers.

Our workplace is fraught with the dynamics of interpersonal relationships between lawyer and lawyer, lawyer and employee, and lawyer and client. This CLE will focus on the meaning and implications of Rule 8.4(g) of the New York Rules of Professional Conduct, which bars discrimination in the practice of law and lays out the requirements of reporting such discrimmination, based upon the necessity for diversity in the profession. The panelists will explore the implications of the rule through the use of hypothetical examples of discrimination in the workplace, including:

* Discrimination by lawyers against clients;

* Discrimination by clients against lawyers; and

* Discrimination by lawyers in hiring and firing.

Google "women in the legal profession" and dozens of articles, blogs and surveys appear discussing sexism, disrespectful behavior, pay inequality and outright harassment of female attorneys. We have assembled an outstanding panel of highly successful female attorneys to discuss how they have addressed and dealt with these types of issues as well as to offer their suggestions to attorneys who may be confronting these same matters in their careers.

A distinguished panel of experts explores the legal issues relating to criminal and civil liability of law enforcement in the discharge of their duties. The panel will explore the legal issues of qualified immunity, personal and employer liability for police conduct, civil rights implications and other topics in this controversial area. 

Join us for a two hour CLE in which we learn about implicit bias and microaggression in the legal workplace. We will explore the interactions among attorneys and our colleagues, our support staff, our clients and others in our legal environment, that constitute implicit bias and microaggressions, and how we can work toward eliminating them. We will also discuss how to communicate effectively with our coworkers and others about them.

In January 2016, the NYS Division of Human Rights (DHR) adopted final regulations clarifying non-discrimination protections for transgender and gender-nonconforming people under the state's Human Rights Law in employment, housing, access to credit, education, and public accommodations. New York's approach for addressing statewide these protections is unique among other states. This CLE will provide an overview of the new regulations, their importance in relation to protecting a very vulnerable population, the availability of attorney's fees for bringing certain cases under the Human Rights Law, and details on the process of filing administrative complaints with the DHR on behalf of transgender and gender non-conforming clients.

This year marks the 50th anniversary of the Stonewall Riots in New York City, where transgender, gay and bisexual people heroically fought back against police harassment and violence over the course of several days. This sparked the modern LGBTQ+ rights movement we know today, and its ripple effect continues to be seen around the world. This panel proudly features living legends of the upstate New York LGBTQ+ legal communities who share their experiences of how being LGBTQ+ in our profession has changed since Stonewall, wisdom of hard lessons learned along the way toward equality, and vision of where the Rainbow Road may take us next.

Join us for what promises to be an enlightening and educational program moderated by Duwaine Bascoe, Esq., that examines the history of racial inequity in our health care systems, current racial inequities in delivery of health care, and solutions for the future. A panel of regional and nationally recognized experts will discuss the following topics: Dr. Daryll Dykes - Dr. Dykes, the Chief Diversity Officer at Upstate Medical Center, who also has a J.D.,will discuss the historical framework of health disparities from a legal and regulatory perspective. Melanie Funchess - Ms. Funchess, Director of Community Engagement for the Mental Health Association of Rochester/ Monroe County, will discuss historical and system-based trauma that create and contribute to health disparities and their traumatic impact on mental health of communities of color, including how these traumas contribute to distrust of health care systems. Wade Norwood - Mr. Norwood, CEO of Common Ground Health, will discuss the history of racism in delivery of health care and its relationship to education, housing and employment. Dr. Mahala Schlagman - Dr. Schlagman will discuss her experiences and observations of health disparities locally including how historical oppression can influence individual choices surrounding the COVID vaccine. She will also discuss work being done toward institutional change through multi-sector partnerships. Shane Wiegand - Mr. Wiegand, a community advocate, will address the local history that contributed to racial inequity in delivery of health care, including redlining. After each panelist speaks there will be a period of panel discussion and a Q and A with audience members

A discussion of historical and continuing racial disparities in housing, and how all stakeholders can help combat and correct these disparities.

Susan B. Anthony and the Law: A Case Study! Featuring Deborah Hughes, President & CEO of the Susan B. Anthony Museum & House, and Kimberly Harding, the program provided an interactive Q&A about on how Susan B. Anthony used the law to advance women’s rights and the suffrage movement.

Maintaining the dignity and autonomy of older adults should be a cornerstone for any law practice that represents older clients. This program will help attorneys identify myths and perceptions surrounding older adults. The panelists will also address legal issues that arise from these myths and perceptions, and provide best practices when representing an older client.

Join us for a Medicaid and Elder Law update that will include a review of recent case law, updates regarding spousal support cases, recent county challenges to eligibility and planning, and nursing home admissions. We will also cover crisis planning techniques for asset protection planning and the new issues arising in executing and justifying these techniques to the Medicaid program. Time will be left for questions and answers.

Join us for the annual Medicaid and Elder Law Update that will include: 1. A review of recent case law, fair hearing decisions and policy updates from the New York State Department of Health, including a review of the impact of state budget cuts on Medicaid providers and consumers; 2. A discussion about how to defend lawsuits brought by nursing homes against family members of the nursing home resident, and; 3. Recent trends in adult guardianship law, including a closer look at how local courts are handling adult guardianship petitions.

Watch our annual Medicaid & Elder Law Update which included a review of recent caselaw and Medicaid changes. With topics such as: new transfer penalties for community based long term care services; processing of applications during Covid-19; lawsuits by nursing homes against family members of resident; case law update; fair hearing update; discuss the new Power of Attorney form. In addition, Dr. Chin-Lin Ching, Highland Hospital's Ethics Committee Co-Chair and Director of the Highland Hospital Palliative Care Consultation Service, presented with Yolanda Rios on the topic of health care proxies and surrogate decision making, and how those are viewed and interpreted in practice.

Elder abuse is a growing concern locally as well as nationally. In this CLE, we will focus on many facets and types of elder abuse and the professional responsibilities of physicians, attorneys, and caregivers when faced with signs of abuse.

This program will provide an overview of Rule 1.14, "Client with Diminished Capacity," and a legal versus the medical perspective of assessing client capacity. Included will be an interactive discussion on best practices. Scenarios will be presented in which capacity issues arise in executing advanced directives.

Maintaining the dignity and autonomy of older adults should be a cornerstone for any law practice that represents older clients. This program will help attorneys identify myths and perceptions surrounding older adults. The panelists will also address legal issues that arise from these myths and perceptions, and provide best practices when representing an older client.

This CLE will explore ethical issues faced by attorneys related to environmental matters, including challenges associated with rapidly expanding scientific understanding, increased media attention and shifting regulatory priorities. The tension between protecting confidential information and complying with environmental laws will be discussed.

Learn about the basics of preparing governance and policy documents for New York not-for-profit organizations, including preparing annual filings, and recent updates to Federal and New York law. This session will hit the highlights of various governance policies and IRS Forms 1023 and 990 from legal and accounting perspectives.

This program will review the second round of legislation regarding Payroll Protection Program loans. The new legislation includes expanded eligibility allowing 501(c)(6) organizations to obtain PPP loans. And it offers existing PPP borrowers to obtain a second PPP loan. It also provides a new forgiveness application for small loans. Panelists will also review the deductibility of business expenses paid with PPP loan proceeds and examine changes to the employee retention tax credit.

As our Nation again approaches a critical election day, a swirl of legal and practical issues loom surrounding the voting process including questions on determining eligible voters, the process of mail ballots, the counting of votes by the states and the federal Constitution limitations. In practical terms, the New York election process has seen considerable changes: early voting, wider circulation of mail ballots and other changes. Our panel has just the skills to answer these questions and others. Daan Braveman, Esq., the former Dean of the Syracuse University College of Law, President-emeritus of Nazareth College and now with Harter Secrest & Emery will explore the myriad state and federal legal challenges facing the voting process in 2020, including reference to Supreme Court cases on voting issues from 2000 to date. James E. Long, Esq., a commissioner of the Legislative Bill Drafting Commission, has decades of experience as an election lawyer in New York and is familiar with the changes to our voting system. Moderated by Justice Richard A. Dollinger, New York Court of Claims JOIN US FOR A DISCUSSION OF OUR MOST PRECIOUS RIGHT AND IMPORTANCE OF OUR VOTES.

Is your client a public (especially school) or private employer unsure whether to ask employees where they will travel within the next few weeks? Are you an employee-side attorney in need of guidance of whether your client breaking a COVID-19 quarantine is a punishable offense? Come to this panel discussion addressing these issues and others. Featured Speaker: Dr. Michael D. Mendoza Includes attorney panelists from the Labor & Employment Committee and Education Law Committee

In 2018, New York adopted anti-sexual harassment legislation that Gov. Andrew Cuomo described as the "strongest and most comprehensivae" in the country. In 2019, another package of anti-discrimination and anti-harassment measures were signed into law, expanding the sexual harassment reforms from the prior year. The laws impose new requirements on employers and will significantly change the course of litigation of sexual harassment claims. There have also been other changes in the Human Rights Law, affecting all employment claims, such as attorney fees, coverage of contractors, and size of employers. In this program, panelists who represent employees and employers - along with Julia Day, the regional director of the Rochester office of the New York State Division of Human Rights that will investigate and adjudicate these claims - will provide insight from their respective areas on the new laws and anticipated changes.

Municipal boards in New York are being impacted by the COVID-19 epidemic and the requirements of social distancing. This program will explore the background of the New York Open Meetings Law, the recent Executive Order suspending portions of the Open Meetings Law, and best practices for complying with the Executive Order and social distancing standards.

Don't become a breach story. Attorneys in Rochester and other areas have been targeted by cyber criminals, breaching their email security and duping clients into wiring money to the criminals. Learn what to do to avoid this nightmare, how to protect your clients and practice, and what happens if you are a victim of a security breach. * Cybersecurity in the real estate world - learn about threats. * How to recognize an attack. * Strategies to defend against spoofing, phishing, pharming and more. * Stop Hacks and Improve Electronic Data Security (SHIELD) Act - Are you in compliance? Next deadline is March 21, 2020. * IOLA and escrow accounts - Are you always required to use one or the other? * Are subaccounts permissible for the benefit of individual clients? * Use of electronically signed trust checks. * What is Check 21 again?

Are property maintenance issues getting lost in your 47th Java update? This program introduces the Monroe County Clerk's Office's brand new records management software that completely revamps how lawyers and municipalities can search for property records. Learn how to use the new search interface to better determine current owners, which properties are in foreclosure, lien status and more. Our panel will also discuss new and proposed statutes to help lawyers and municipalities address distressed properties.

All estate planners need to consider beneficiary designations for non-probate assets. In this CLE, we will discuss 1) the assets controlled by beneficiary designations, and the impact of beneficiary designation assets on estate planning, 2) special considerations for certain beneficiary designation assets, including life insurance and retirement accounts, and 3) best practices for drafting beneficiary designations. Featuring special guest Hon. John Owens with farewell remarks.

Major Topics:

As an update to the prior presentation on commercial real estate transactions, this program will discuss the attorney's role and responsibilities in the due diligence and assessment of the client's risks along with related topics such as:

• Contract negotiation and structuring;
• Environmental and tenant clauses;
• The Opinion Letter;
• Lending issues and finance documentation;
• Title insurance and the role of the title company to complete the closing.

In today's world, as more estate planners work from home, cybersecurity risks are increasing and are ever-present. The good news is that there are steps you can take to protect your firm and maintain data privacy. During this seminar you'll learn: 1) how to avoid phishing lures and other cyberattacks, 2) what the largest risks criminal and mercenary activities pose to your systems and data, and 3) the steps you will need to take to educate your employees in order to minimize risks to your data and systems

A review of Part G, Part M and Part O of the statute. Learn about the recently passed tenant protection laws and how they impact applications, tenant selection criteria forms, leases, notices to quit, notices to terminate, eviction forms and time frames. A must for attorneys in the landlord-tenant arena, including the changes to manufactured home park laws.

A discussion of historical and continuing racial disparities in housing, and how all stakeholders can help combat and correct these disparities.

Topics include: the purchase and sale contract, buyer/seller considerations, permits, attorney approvals and engagement letters, and seller's first steps.

Topics include: title clearance, title endorsements, reading an abstract, how to read a survey, surveys and marking up title.

Topics include: lender requirements at closing, scheduling the closing, closing adjustments, IOLA accounts, the CD, review of standard loan documents.

Join your Real Estate Section colleagues as we gather during the holiday season to learn about the latest revisions to the section’s purchase and sale contracts and forms. 

This program is all about the basics of title insurance in a residential real estate transaction. What is title insurance? How is title examined when preparing a title insurance report? Do you have the appropriate title curatives? Does your client really need an owner's policy? Come to this CLE for practical and sound advice to make your next real estate transaction a re-"marketable" one.

At this program, attendees will learn more about: the legal elements of a deed; legal descriptions; forms of deeds, including full covenant and warranty deed, bargain and sale deed, quit claim deed, trustee’s deed, administrator’s deed, executor’s deed and judicial deeds. Time permitting, proper authorization to execute deeds will also be discussed at the program. 

Major Topics:

• Overview of ACA as it affects individuals;
• Individual mandate and exchanges (marketplaces);
• Selected practice issues raised by the new landscape.

This moderated discussion features a panel of experienced trial attorneys who will share their "tricks of the trade" when it comes to all aspects of depositions. Learn how to effectively set goals, prepare for depositions, elicit testimony you most want, deal with issues that arise, and use deposition testimony in motions or at trial.

Wondering how the new uniform rules will impact YOUR practice in the 7th Judicial District? Join us for an enlightening panel discussion with Hon. Debra A. Martin, Hon. Scott Odorisi, Hon. Ann Marie Taddeo, and Hon. William K. Taylor to learn about the scope of the recently-amended rules and their impact on local practice. There will be an opportunity for questions following the initial presentation. 

In January 2016, the NYS Division of Human Rights (DHR) adopted final regulations clarifying non-discrimination protections for transgender and gender-nonconforming people under the state's Human Rights Law in employment, housing, access to credit, education, and public accommodations. New York's approach for addressing statewide these protections is unique among other states. This CLE will provide an overview of the new regulations, their importance in relation to protecting a very vulnerable population, the availability of attorney's fees for bringing certain cases under the Human Rights Law, and details on the process of filing administrative complaints with the DHR on behalf of transgender and gender non-conforming clients.

This is a practical, realistic CLE that will focus on the process of retiring from the practice of law in Rochester. Attendees will be walked through the process in checklist fashion with clear explanation of who to contact and what procedures are necessary to close down a practice without violating ethics rules. There will be a specific focus on issues that could confront solo or small firm practitioners as they wind down a practice. In addition, the panelists will discuss the matter of whether to keep your law license active after retirement.

Featuring: Hon. Frank Geraci and Hon. Craig Doran

While it may seem like it’s a really horrible time to start a new law firm, there is always opportunity amid uncertainty - even for risk-averse attorneys. During the last recession in 2008-2009, many law firms were established, a number of which are now highly successful. The same thing is happening now. So, if you’re thinking of making that big move now, it might be a good idea. And, we can help you get there.

Numerous commentators have concluded that tax reform has upended many of the traditional considerations in choosing an entity. But, has it? This CLE will review the tax considerations in choosing a form of business organization in light of tax reform. It will also include a detailed review of recently proposed regulations related to the partnership pass-through deduction.

Join us for a Medicaid and Elder Law update that will include a review of recent case law, updates regarding spousal support cases, recent county challenges to eligibility and planning, and nursing home admissions. We will also cover crisis planning techniques for asset protection planning and the new issues arising in executing and justifying these techniques to the Medicaid program. Time will be left for questions and answers.

Marty will review federal and state developments in the past year, including pending legislation to reduce "Stretch IRAs," New York clawback legislation for taxable gifts, estate planning and estate administration implications of investments in qualified opportunity funds, and the planning implications of proposals to reduce significantly the amount of federal estate, gift and GST tax exemption.