Operating Agreement Retirement Provisions: Transition plans, vesting and payout periods, clawbacks (Including 1hr. of Legal Ethics)

Len Garza
Len Garza
GARZA

Len is the founder of GARZA, a law firm focused on protecting the personal and business assets of business owners and other individuals and families. Len has been interviewed in numerous media outlets including Forbes, Entrepreneur, Law Insider, CBS News Radio, Inc. Magazine, and many more.

Rachel V. Rose
Rachel V. Rose
Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX). Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career.

On-Demand: October 6, 2022
Operating Agreement Retirement Provisions: Transition plans, vesting and payout periods, clawbacks (Including 1hr. of Legal Ethics)

$195.00 2 hour CLE

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Program Summary

Session I – Operating Agreement Retirement Provisions – Len Garza

Small businesses often give little thought to what happens when one of the owners decides to retire, but addressing these concerns at the inception of the business allows all parties to consider what may be important in the future.

Any partnership agreement or operating agreement should include a transition plan--it is critical to ensure the business retains the clients, skills, and abilities of the retiring partner. The transition plan itself is something that will be developed by the retiring partner in consultation with, and with the ultimate approval of, the managing partner or owner.

Listen as we provide best practices on the considerations every startup should address in its organizational documents regarding retirement provisions. We will discuss these and other key provisions that owners must include to avoid future conflict.

Key topics to be discussed:

  • What are the retirement provisions that owners should consider in their organizational documents?
  • Why is a transition plan so important to ensuring the retirement provisions work as expected?
  • When should a business include clawbacks in their retirement provisions?

Session II – Legal Ethics: An Attorney’s duty to one’s self and one’s clients – Rachel Rose

In Texas and other states, attorneys take an oath to “solemnly swear [to] support the Constitutions of the United States, and of this State; that I will honestly demean myself in the practice of law; that I will discharge my duties to my clients to the best of my ability; and, that I will conduct myself with integrity and civility in dealing and communicating with the court and all parties. So help me God.” By the mere oath that attorneys take, we are beholden to uphold the law and act in our clients’ best interests. This webinar focuses on this duty with a particular emphasis on competency in relation to technology and cybersecurity.

Key topics to be discussed:

  • Professional Ethics
  • Fiduciary duty to the client
  • Technology Competence
  • Cybersecurity

Date: October 6, 2022

Closed-captioning available

Speakers

Len-Garza_GARZA_myLawCLELen Garza | GARZA

Len is the founder of GARZA, a law firm focused on protecting the personal and business assets of business owners and other individuals and families. Len has been interviewed in numerous media outlets including Forbes, Entrepreneur, Law Insider, CBS News Radio, Inc. Magazine, and many more. In 2021, Len was recognized by Thomson Reuters as a Super Lawyer, a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. A frequently requested lecturer on a variety of topics including family business and wealth planning, wealth preservation, and asset protection of inheritances, Len enjoys educating his community and guiding business owners and their families in the path to building and protecting generational wealth.

 

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_myLawCLERachel V. Rose | Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For nearly a decade, her practice has focused transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, a board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Federal Court Admissions: Supreme Court of the United States, CO, DC, SDTX, NDTX, EDTX and WDTX.

See www.rvrose.com for additional information.

Agenda

Session I – Operating Agreement Retirement Provisions | 2:00pm – 3:00pm

  1. What are the retirement provisions that owners should consider in their organizational documents? | 2:00pm – 2:20pm
  2. Why is a transition plan so important to ensuring the retirement provisions work as expected? | 2:20pm – 2:40pm
  3. When should a business include clawbacks in their retirement provisions? | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – Legal Ethics: An Attorney’s duty to one’s self and one’s clients | 3:10pm – 4:10pm

  1. Professional Ethics | 3:10pm – 3:25pm
  2. Fiduciary duty to the client | 3:25pm – 3:40pm
  3. Technology Competence | 3:40pm – 3:55pm
  4. Cybersecurity | 3:55pm – 4:10pm