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Like-Kind Exchange 2025 (presented by NYU School of Professional Studies) (Day 2)

Advanced 1031 exchange strategies covering basis calculations, depreciation recapture, partnership structures, drop-and-swap transactions, and recent legislative developments.

2025-07-25 08:30:00

9.5 hours

Program Details

2025-07-25 08:30:00

Program Details

2025-07-25 08:30:00

Over 1,000+ webinars

2025-07-25 08:30:00

9.5 hours

Course Overview

Mastering Advanced Like-Kind Exchange Strategies

2025-07-25 08:30:00

Participants will learn sophisticated Section 1031 exchange techniques including basis calculations, depreciation recapture, and partnership structures. These strategies enable tax practitioners to navigate complex transactions and avoid common pitfalls.

Format

CLE Credit

9.5h CLE Credits

Level

Intermediate

Length

9.5

Key topics that will be covered

01
Basis Calculations
Determine replacement property basis using carryover basis increased by cash and additional liabilities.
02
Depreciation Recapture
Section 1245, 1250, and 1254 recapture can trigger unexpected tax liability in exchanges.
03
Partnership Divisions
Section 708(b) continuation rules make partnership divisions safer than traditional drop and swaps.
04
Drop and Swap
Same-day drop and swap transactions require careful documentation and state audit consideration.
05
Cost Segregation
Cost segregation studies illuminate exchange problems and require coordination with 1031 requirements.
06
Legislative Updates
OB³ law introduced 100% bonus depreciation and made Section 199A deduction permanent.

Program schedule

clock 8:25 am - 9:30 am EST

Foundational Requirements for Like-Kind Exchange Transactions

This session provides a comprehensive review of the basic requirements for completing a valid like-kind exchange under Section 1031. Speakers cover the definitions of ‘real property’ and ‘like-kind,’ along with essential basis calculations and the 200% property identification rule.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 9:30 am - 10:30 am EST

Ethics Standards for Tax Professionals in Exchanges

This session addresses critical ethics issues facing practitioners who advise clients on like-kind exchanges. Topics include professional standards for tax advice, managing conflicts of interest, and proper preparation of exchange documentation.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 10:45 am - 11:45 am EST

Credit Net Lease Property, DSTs and TICs

Explore the complexities of exchanging into and out of credit net lease property, Delaware statutory trusts, and tenancy-in-common arrangements. The session covers Revenue Procedure 2002-22 factors and structuring considerations for these popular replacement property vehicles.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 1:15 pm - 2:15 pm EST

Partnership Transactions in Like-Kind Exchanges Overview

This session examines acquisitions and dispositions of partnership interests and other partnership transactions involving like-kind exchanges. Speakers analyze the challenges when partners have disparate exit objectives and potential structuring solutions.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 2:30 pm - 3:30 pm EST

Parking Structures and Build-to-Suit Exchanges Explained

Learn about parking relinquished or replacement property within or outside the safe harbor of Revenue Procedure 2000-37. The session covers Exchange Accommodation Titleholder arrangements, build-to-suit exchanges, and depreciation considerations during parking periods.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 3:30 pm - 4:30 pm EST

Qualified Intermediary Compliance and Operational Issues

This session addresses critical issues facing Qualified Intermediaries, including complying with G6 restrictions on exchange funds and withholding requirements. Topics also include QI notes, dual signature requirements, and proper investment of exchange funds.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 8:30 am - 9:30 am EST

Exchange Potpourri: Advanced Tax Issues and Strategies

Dive into sophisticated exchange topics including the impact of cost segregation studies, depreciation recapture under Sections 1245, 1250, and 1254, and installment sale interactions. The panel also covers part-sale/part-exchange transactions, underwater property exchanges, and Section 199A deduction considerations.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 9:30 am - 10:30 am EST

Partnership Divisions and Drop-and-Swap Transaction Structuring

This session compares strategies for accommodating partners with different objectives, including traditional drop and swap structures, partnership divisions under Section 708(b), and synthetic DST conversions. Speakers address Court Holding Company doctrine concerns, the Hadar Shomron decision, and best practices for protecting all parties.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 10:45 am - 11:45 am EST

Legislative Update: Recent Tax Law Developments Explained

Get the latest on legislative developments affecting Section 1031 exchanges, including the OB³ Act’s impact on bonus depreciation and qualified production property. The session covers the new current policy baseline scoring approach, opportunity zone permanence, and potential future legislative changes.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
clock 11:45 am - 12:15 pm EST

Ask the Speakers: Open Forum Discussion

Join all panelists for an interactive question and answer session addressing audience questions on like-kind exchanges. This open forum provides an opportunity to clarify complex issues and explore practical applications of concepts covered throughout the program.

William V. HoranWilliam V. Horan
Glenn M. JohnsonGlenn M. Johnson
Annet M. ThomasAnnet M. Thomas
Aaron S. GaynorAaron S. Gaynor
Matthew E. RappaportMatthew E. Rappaport
David ShechtmanDavid Shechtman
Christopher A. CunninghamChristopher A. Cunningham
Mary B. FosterMary B. Foster
Kimberly A. ArndtKimberly A. Arndt
Libin ZhangLibin Zhang
William V. Horan

William V. Horan

Realty Exchange Corporation

Glenn M. Johnson

Glenn M. Johnson

Ernst & Young LLP

Annet M. Thomas

Annet M. Thomas

PwC

Aaron S. Gaynor

Aaron S. Gaynor

Roberts & Holland LLP.

Matthew E. Rappaport

Matthew E. Rappaport

Falcon Rappaport & Berkman LLP

David Shechtman

David Shechtman

Flaster Greenberg, PC

Christopher A. Cunningham

Christopher A. Cunningham

Elliott, Thomason & Gibson, LLP

Mary B. Foster

Mary B. Foster

1031 Services

Kimberly A. Arndt

Kimberly A. Arndt

Senate Finance Committee

Libin Zhang

Libin Zhang

Fried, Frank, Harris, Shriver & Jacobson LLP

William V. Horan

William V. Horan

Realty Exchange Corporation

Glenn M. Johnson

Glenn M. Johnson

Ernst & Young LLP

Glenn M. Johnson is a Principal in Ernst & Young LLP’s U.S. National Tax Department in Washington, DC, where he leads the U.S. PPP Infrastructure Tax Practice and serves as Director of Leasing Tax Services. He focuses on leasing, asset-based structured transactions, infrastructure finance, deferred like-kind exchanges, and captive leasing company structures, advising both developers and investors on a wide range of tax issues. He joined Ernst & Young in 1998 and has spent his entire career in the EY National Tax Department, becoming one of the firm’s leading authorities on leasing and infrastructure taxation. He is the former ABA Tax Section Chair of the Capital Recovery and Leasing subcommittee, a member of EY’s Federal Income Tax Committee, and leads EY’s Infrastructure Tax Committee. He has been a longtime member of the Equipment Leasing and Finance Association Federal Tax Committee for more than 13 years. He earned his LL.M. in Taxation from Georgetown University Law School, his J.D., with honors, from Boston University School of Law, and his B.A. in Economics from Wesleyan University.

Education & Credentials

Glenn holds a Bachelor of Arts in Economics from Wesleyan University, a Juris Doctor, with honors, from Boston University School of Law, and an LL.M. in Taxation from Georgetown University Law School — an academic trifecta that reflects the economics, law, and tax foundations that underpin his practice in leasing, infrastructure finance, and like-kind exchange transactions. He joined Ernst & Young in 1998 and has built his entire career in the firm's National Tax Department in Washington, DC.

Recognition & Leadership

Glenn is the former ABA Tax Section Chair of the Capital Recovery and Leasing subcommittee and leads EY's Infrastructure Tax Committee. He has been a member of the Equipment Leasing and Finance Association Federal Tax Committee for more than 13 years — a sustained engagement with the leasing industry's tax policy community that has made him a go-to authority on equipment leasing and infrastructure tax matters. His longtime participation as a panelist at the NYU Federal Real Estate and Partnerships Tax Conference reflects national-level peer recognition in the real estate and partnership tax community.

Professional Involvement

Glenn leads EY's Infrastructure Tax Practice and serves as Director of Leasing Tax Services. He is a former ABA Tax Section Capital Recovery and Leasing subcommittee Chair and a current member of EY's Federal Income Tax Committee and Infrastructure Tax Committee. He has been a member of the ELFA Federal Tax Committee for more than 13 years. He is a regular speaker at the NYU Federal Real Estate and Partnerships Tax Conference, the MACPA Advanced Tax Institute, and other national real estate and infrastructure tax forums.

Experience

Glenn Johnson has spent nearly three decades in EY's National Tax Department building one of the firm's leading specialized practices in leasing, infrastructure, and like-kind exchange taxation. His combination of a Boston University Law honors degree, a Georgetown Tax LL.M., and 25-plus years of practice advising developers, investors, and manufacturers on leasing structures, infrastructure finance, and tax-deferred exchanges has made him one of the most technically credentialed specialists in these fields at any Big Four firm. His ABA committee chairmanship, his ELFA committee tenure, his EY infrastructure practice leadership, and his sustained NYU Conference presence reflect a practitioner whose contributions to the profession extend well beyond his own client engagements.
Annet M. Thomas

Annet M. Thomas

PwC

Aaron S. Gaynor

Aaron S. Gaynor

Roberts & Holland LLP.

Matthew E. Rappaport

Matthew E. Rappaport

Falcon Rappaport & Berkman LLP

Matthew E. Rappaport, Esq., LL.M., is a Partner at Falcon Rappaport & Berkman LLP and serves as Chair of the firm’s Taxation and Private Client Groups. His practice focuses on taxation matters related to real estate, closely held businesses, private equity funds, family offices, and trusts and estates. He advises clients on tax planning, structuring, and compliance across a wide spectrum of transactions, including commercial real estate projects, business life cycle planning, generational wealth transfer, family business succession, and executive compensation. Known for his work on complex, tax-sensitive transactions, he regularly handles matters involving Section 1031 exchanges, Qualified Opportunity Zones, freeze partnerships, private equity mergers and acquisitions, and Qualified Small Business Stock. He also collaborates closely with attorneys, accountants, financial advisors, bankers, and insurance professionals, and serves as a trusted advisor to real estate funds, multinational executives, venture capitalists, startup businesses, and ultra-high net worth individuals.

Education & Credentials

Matthew E. Rappaport earned both his Juris Doctor and Master of Laws in Taxation from Georgetown University Law Center. He is admitted to practice in the State of New York and before the United States Tax Court, reflecting his qualifications to handle sophisticated tax matters across jurisdictions.

Recognition & Leadership

Matthew holds a leadership position as Chair of the Taxation and Private Client Groups at Falcon Rappaport & Berkman LLP, demonstrating his authority and experience in complex tax matters. He is widely recognized for his work on advanced tax-driven transactions, including Section 1031 exchanges, Qualified Opportunity Zones, freeze partnerships, private equity mergers and acquisitions, and Qualified Small Business Stock, and is regarded as a trusted advisor for high-level clients and sophisticated financial matters.

Professional Involvement

In his practice, Matthew frequently collaborates with a range of professionals, including attorneys, accountants, financial advisors, bankers, and insurance specialists, particularly when matters require advanced tax law expertise. His involvement in these multidisciplinary efforts underscores his role in facilitating complex transactions and delivering integrated tax guidance.

Experience

Matthew’s experience includes advising clients on tax planning, structuring, and compliance for commercial real estate projects, all stages of the business life cycle, generational wealth transfer, family business succession, and executive compensation. He has worked with prominent real estate funds, executives of multinational corporations, venture capitalists, startup businesses, and ultra-high net worth families, providing creative, tax-focused solutions to complex and challenging matters.
David Shechtman

David Shechtman

Flaster Greenberg, PC

Christopher A. Cunningham

Christopher A. Cunningham

Elliott, Thomason & Gibson, LLP

Mary B. Foster

Mary B. Foster

1031 Services

Kimberly A. Arndt

Kimberly A. Arndt

Senate Finance Committee

Libin Zhang

Libin Zhang

Fried, Frank, Harris, Shriver & Jacobson LLP

William V. Horan

William V. Horan

Realty Exchange Corporation

Glenn M. Johnson

Glenn M. Johnson

Ernst & Young LLP

Glenn M. Johnson is a Principal in Ernst & Young LLP’s U.S. National Tax Department in Washington, DC, where he leads the U.S. PPP Infrastructure Tax Practice and serves as Director of Leasing Tax Services. He focuses on leasing, asset-based structured transactions, infrastructure finance, deferred like-kind exchanges, and captive leasing company structures, advising both developers and investors on a wide range of tax issues. He joined Ernst & Young in 1998 and has spent his entire career in the EY National Tax Department, becoming one of the firm’s leading authorities on leasing and infrastructure taxation. He is the former ABA Tax Section Chair of the Capital Recovery and Leasing subcommittee, a member of EY’s Federal Income Tax Committee, and leads EY’s Infrastructure Tax Committee. He has been a longtime member of the Equipment Leasing and Finance Association Federal Tax Committee for more than 13 years. He earned his LL.M. in Taxation from Georgetown University Law School, his J.D., with honors, from Boston University School of Law, and his B.A. in Economics from Wesleyan University.

Education & Credentials

Glenn holds a Bachelor of Arts in Economics from Wesleyan University, a Juris Doctor, with honors, from Boston University School of Law, and an LL.M. in Taxation from Georgetown University Law School — an academic trifecta that reflects the economics, law, and tax foundations that underpin his practice in leasing, infrastructure finance, and like-kind exchange transactions. He joined Ernst & Young in 1998 and has built his entire career in the firm's National Tax Department in Washington, DC.

Recognition & Leadership

Glenn is the former ABA Tax Section Chair of the Capital Recovery and Leasing subcommittee and leads EY's Infrastructure Tax Committee. He has been a member of the Equipment Leasing and Finance Association Federal Tax Committee for more than 13 years — a sustained engagement with the leasing industry's tax policy community that has made him a go-to authority on equipment leasing and infrastructure tax matters. His longtime participation as a panelist at the NYU Federal Real Estate and Partnerships Tax Conference reflects national-level peer recognition in the real estate and partnership tax community.

Professional Involvement

Glenn leads EY's Infrastructure Tax Practice and serves as Director of Leasing Tax Services. He is a former ABA Tax Section Capital Recovery and Leasing subcommittee Chair and a current member of EY's Federal Income Tax Committee and Infrastructure Tax Committee. He has been a member of the ELFA Federal Tax Committee for more than 13 years. He is a regular speaker at the NYU Federal Real Estate and Partnerships Tax Conference, the MACPA Advanced Tax Institute, and other national real estate and infrastructure tax forums.

Experience

Glenn Johnson has spent nearly three decades in EY's National Tax Department building one of the firm's leading specialized practices in leasing, infrastructure, and like-kind exchange taxation. His combination of a Boston University Law honors degree, a Georgetown Tax LL.M., and 25-plus years of practice advising developers, investors, and manufacturers on leasing structures, infrastructure finance, and tax-deferred exchanges has made him one of the most technically credentialed specialists in these fields at any Big Four firm. His ABA committee chairmanship, his ELFA committee tenure, his EY infrastructure practice leadership, and his sustained NYU Conference presence reflect a practitioner whose contributions to the profession extend well beyond his own client engagements.
Annet M. Thomas

Annet M. Thomas

PwC

Aaron S. Gaynor

Aaron S. Gaynor

Roberts & Holland LLP.

Matthew E. Rappaport

Matthew E. Rappaport

Falcon Rappaport & Berkman LLP

Matthew E. Rappaport, Esq., LL.M., is a Partner at Falcon Rappaport & Berkman LLP and serves as Chair of the firm’s Taxation and Private Client Groups. His practice focuses on taxation matters related to real estate, closely held businesses, private equity funds, family offices, and trusts and estates. He advises clients on tax planning, structuring, and compliance across a wide spectrum of transactions, including commercial real estate projects, business life cycle planning, generational wealth transfer, family business succession, and executive compensation. Known for his work on complex, tax-sensitive transactions, he regularly handles matters involving Section 1031 exchanges, Qualified Opportunity Zones, freeze partnerships, private equity mergers and acquisitions, and Qualified Small Business Stock. He also collaborates closely with attorneys, accountants, financial advisors, bankers, and insurance professionals, and serves as a trusted advisor to real estate funds, multinational executives, venture capitalists, startup businesses, and ultra-high net worth individuals.

Education & Credentials

Matthew E. Rappaport earned both his Juris Doctor and Master of Laws in Taxation from Georgetown University Law Center. He is admitted to practice in the State of New York and before the United States Tax Court, reflecting his qualifications to handle sophisticated tax matters across jurisdictions.

Recognition & Leadership

Matthew holds a leadership position as Chair of the Taxation and Private Client Groups at Falcon Rappaport & Berkman LLP, demonstrating his authority and experience in complex tax matters. He is widely recognized for his work on advanced tax-driven transactions, including Section 1031 exchanges, Qualified Opportunity Zones, freeze partnerships, private equity mergers and acquisitions, and Qualified Small Business Stock, and is regarded as a trusted advisor for high-level clients and sophisticated financial matters.

Professional Involvement

In his practice, Matthew frequently collaborates with a range of professionals, including attorneys, accountants, financial advisors, bankers, and insurance specialists, particularly when matters require advanced tax law expertise. His involvement in these multidisciplinary efforts underscores his role in facilitating complex transactions and delivering integrated tax guidance.

Experience

Matthew’s experience includes advising clients on tax planning, structuring, and compliance for commercial real estate projects, all stages of the business life cycle, generational wealth transfer, family business succession, and executive compensation. He has worked with prominent real estate funds, executives of multinational corporations, venture capitalists, startup businesses, and ultra-high net worth families, providing creative, tax-focused solutions to complex and challenging matters.
David Shechtman

David Shechtman

Flaster Greenberg, PC

Christopher A. Cunningham

Christopher A. Cunningham

Elliott, Thomason & Gibson, LLP

Mary B. Foster

Mary B. Foster

1031 Services

Kimberly A. Arndt

Kimberly A. Arndt

Senate Finance Committee

Libin Zhang

Libin Zhang

Fried, Frank, Harris, Shriver & Jacobson LLP

Credits by state

AK8.5
AL8.5
AR8.5
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OK10.0
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PA8.5
RI10.0
SC8.5
SD9.5
TN8.5
TX8.5
UT8.5
VA8.5
VT8.5
WA8.5
WI11.0
WV10.2
WY8.5

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Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs