Audio CD + Course Book

Business Law: Top Challenges

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • ME CLE - 6.00
From Event: Business Law: Top Challenges, held June 2018.

Program Description

You commonly face thorny challenges when advising your business clients. In this comprehensive guide, we’ve gathered the top challenges you face as an attorney and compiled them to create this real-world guide that is designed to equip you with real solutions to help you better handle sticky situations that arise on an everyday basis. Order today!

Course Content

  1. Contract Conundrums and Transaction Difficulties
  2. Top Business Formation Challenges
  3. Business Financing Complications
  4. Operating the Business - Top Challenges
  5. Intellectual Property Problems
  6. Employment Law Issues
  7. Maintaining Ethics in Business Law

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 ME - Credit Approval Expiration 06/08/2020 *

* denotes specialty credits

Agenda / Content Covered

  1. Contract Conundrums and Transaction Difficulties
    9:00 - 9:45, Steven E. Cope
    1. Ambiguity Over Exact Terms of Agreement
    2. Difficult Business Agreement Provisions and Clauses That Cause Litigation
    3. Was There a Breach or Not?
    4. Bad Contracts Pulled From the Internet and Mobile Contracting
    5. Dealing With Bad Contracts Clients Have Signed
    6. The Existence of Contracts That Contradict One Another
    7. Multiple Party Transactions and Litigation
  2. Top Business Formation Challenges
    9:45 - 10:45, Michael S. Malloy
    1. Incorporation Challenges
    2. Articles of Incorporation and By-laws
    3. Formation Challenges Involving Board Members
  3. Business Financing Complications
    11:00 - 12:00, Steven E. Cope
    1. New Business Capitalization
    2. Corporate Finance/Securities Challenges
    3. Negotiation of Lines of Credit With Banks and Other Financial Institutions
    4. Problems With Lending Money to Other Businesses
    5. Administrative Costs Associated With Business Function
    6. Due Diligence Challenges on Financial Investments and Banking Relationships
    7. Investment Management Difficulties
    8. Officer and Director Fiduciary Obligations and Responsibilities
  4. Operating the Business - Top Challenges
    1:00 - 1:45, Kevin R. Haley
    1. Identifying the Potential Problem Legal Situations
    2. Business Stagnancy - How to Get Past a Lack of Momentum
    3. Corporate Meeting Complications
    4. Shareholder Rights Issues
    5. Officer and Director Fiduciary Obligations and Responsibilities
    6. Manager Challenges
    7. International Issues, Including Choice of Law Questions
    8. Integration and Understanding of Laws Around Fast-Moving Technologies
    9. Coordinating Communications Between Parties
    10. Legal Documentation Challenges, Filing and Other Deadlines
    11. Business Dissolution
    12. Partnership and Shareholder Disputes
  5. Intellectual Property Problems
    1:45 - 2:30, Kevin R. Haley
    1. Issues With How Clients Protect Proprietary Information and Intellectual Capital
    2. Trade Secrets vs. Patents vs. Copyrights
    3. Trademark and Tradename Troubles
    4. Copyrights and IP Issues and Where They Play Into The Structure of the Business
    5. Confidentiality vs. Material Non-Public Information Issues
    6. Digital Copyright Conundrums
    7. Non-Compete and Non-Disclosure Agreement Problems
  6. Employment Law Issues
    2:45 - 3:30, Connor J.K. Beatty
    1. FLSA Challenges: Exemption, Overtime, etc.
    2. Independent Contractor vs. Employee Dilemmas
    3. Drafting Employee Handbooks - Top Challenges
    4. Non Discriminatory Hiring Policies
    5. Problems with Employment Screening, Background Checks
    6. Employee Misconduct: Documentation, Review and Discipline
  7. Maintaining Ethics in Business Law
    3:30 - 4:30, Kelly M. Hoffman
    1. Avoiding Conflicts of Interest
    2. Organization as Client
    3. Reporting Fraud
    4. Who is the Client (When Establishing a Corporation)?
    5. Ethics of Representing Business vs. Officers
    6. Pricing Business Law Services-Flat Fee vs. Hourly

CONNOR J.K. BEATTY is an attorney with Brann & Isaacson, in Lewiston. Mr. Beatty’s practice focuses on civil litigation in state and federal courts and proceedings before administrative agencies on behalf of national corporations, local businesses, and individuals. He is a frequent contributor to the firm’s employment law newsletter. Mr. Beatty also serves as the attorney coach for the Bowdoin College Mock Trial Team. He received a B.A. degree from Dartmouth College and his J.D. degree from University of Pennsylvania Law School. He was the senior editor of the University of Pennsylvania Journal of Constitutional Law. He is admitted to practice by the Maine State Bar Association; United States District Court, District of Maine; and is a member of Androscoggin County, Maine State, and American Bar Associations.

STEVEN E. COPE is a managing member and principal attorney in the Cope Law Firm, founded in 2009 in Portland, Maine, successor to Cope and Cope, P.A., founded in 1979. Mr. Cope maintains a general practice, with emphases in business and consumer bankruptcy, business transactions and organizations, commercial law, and creditor/debtor practice and litigation. He is a frequent lecturer and seminar presenter in continuing legal education seminars regarding bankruptcy, real estate, commercial law and ethics, as well as similar programs for non-lawyers and clients. Mr. Cope is a member of the American, Maine State and Cumberland County bar associations; and the American Bankruptcy Institute. He received his B.A. degree from the University of Pennsylvania in 1976 and his J.D. degree from Boston College Law School in 1979. During his second and third years at Boston College Law School, Mr. Cope was an editor of the Uniform Commercial Code Reporter-Digest, published by Matthew Bender & Company. In 1979, Mr. Cope was admitted to practice before the bars of the state of Maine and Commonwealth of Massachusetts, and continues to maintain active status in both jurisdictions.

KEVIN R. HALEY is a partner with Brann & Isaacson, whose practice includes trademark and copyright matters, privacy and data security counseling, commercial transactions, and trade regulation. He advises clients on trademark and copyright issues, including strategies for identifying and protecting intellectual property, as well as dealing with claims of infringement. Mr. Haley has a particular expertise in commercial transactions common in the catalog and online retail space, including licensing, all manner of online advertising, print, paper, and traditional advertising. He is a member of the Maine State (member, Intellectual Property Section) and American bar associations. Mr. Haley is an adjunct faculty member of the University of Maine School of Law, as well as a member of the International Trademark Association Roundtable Faculty, and L.L. Bean, Inc. designated representative to the International Trademark Association. He earned his B.A. degree, magna cum laude, from Bowdoin College and his J.D. degree, magna cum laude, from the University of Maine School of Law.

KELLY M. HOFFMAN is an attorney at the ALFA law firm of Norman, Hanson & DeTroy, LLC, where her practice focuses on litigation, including insurance defense and subrogation, employment and discrimination matters, and professional liability defense. She frequently acts as a continuing legal education presenter on both a national and state level, lecturing on evidentiary issues and challenges facing lawyers; employment law concerns of individuals, business, and counsel; and ethical dilemmas presenting professionals. Prior to joining Norman, Hanson & DeTroy, LLC, Ms. Hoffman was an associate at the law firm of Hausmaninger Kletter in Vienna, Austria. She is authorized to practice in both Maine and New York. Ms. Hoffman earned her B.A. degree from Johns Hopkins University; her M.A. degree, summa cum laude, from Seton Hall University; and her J.D. degree, cum laude, from the University of Maine School of Law.

MICHAEL S. MALLOY is an attorney with The Malloy Firm, whose practice is devoted to business, real estate, and governmental relations law. He counsels entrepreneurs on building and protecting their businesses. Mr. Malloy also represents municipalities, developers, and lenders. He guides clients through state and federal regulation involving the Federal Trade Commission and the Department of Homeland Security, and has successfully guided businesses through a Department of Homeland Security I-9 audit. Mr. Malloy is admitted to practice in Maine, Massachusetts, and before the U.S. District Court for the District of Maine. He is a member of the Maine State and American bar associations, the American Immigration Lawyers Association, and is vice president of the Androscoggin County Bar Association. Mr. Malloy earned his B.A. degree from Middlebury College and his J.D. degree, cum laude, from Suffolk University Law School.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

ME CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 6.0 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.

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