May 22, 2014

Inside Business Law (May 2014)

In The Know CLE Web Series 

In The Know is a series of web-based CLE programs, presented by various Committees within the Business Law Section. The In The Know Subcommittee (of the Membership Committee), chaired by Penelope Christophorou, coordinates the In The Know programs. These programs began bi-monthly in February 2013, but based on the stellar reception within the Section, In The Know shifted to monthly programs starting in September 2013. 

Upcoming In The Know Programs 

The next three In The Know programs are summarized below. Registration for these programs will be available soon through the Business Law Section’s In The Know website. 

June 4, 2014: M&A Negotiation Trends: Insights from the 2013 Private Target Deal Points Study 

The Mergers and Acquisitions Committee will present “M&A Negotiation Trends: Insights from the 2013 Private Target Deal Points Study,” moderated by Jessica Pearlman, with panelists Naomi Ogan, Ed Deibert, Craig Menden, Ashley Hess, Chris Scheurer, Mike Kendall, and Mark Danzi. The program will feature insights in market trends and developments in negotiating acquisition agreements of private targets, including purchase price adjustments, material adverse effect, covenants, termination, and indemnification. 

June 24, 2014: Building a Successful Corporate Ethics and Risk Management Program

Agnes Bundy Scanlan will moderate “Building a Successful Corporate Ethics and Risk Management Program,” a panel consisting of Catherine Brown, Kelly Faglioni, John Krenitsky, and Peggy Love, presented by the Corporate Compliance Committee. The panel will address the benefits of enhancing corporate ethics programs, the role of the ethics officer, and the potential impact of the whistleblower bounty provisions of the Dodd-Frank Act on ethics and risk management programs. Further, the panel will discuss the relationship between strong ethics programs and risk mitigation.

August 6, 2014: Prosecution, Defense, and Settlement of M&A Stockholder Litigation – A Solution in Search of a Problem 

The Business and Corporate Litigation Committee will present “Prosecution, Defense, and Settlement of M&A Stockholder Litigation – A Solution in Search of a Problem,” with panelists Vice Chancellor Donald Parsons, Judge Clifton Newman, Eric Waxman, and Randall Baron. When a merger or acquisition of a public company is announced, in virtually every case litigation is filed claiming that the price is too low, the process is unfair, and that the disclosures relating to the transaction are misleading. This program includes judges from Delaware and South Carolina, as well as counsel for defendants and plaintiffs who will discuss why these cases are filed and strategies for prosecuting, defending, and settling them. They also will analyze significant decisions impacting these cases, as well as D&O insurance issues. 

Past In The Know Programs 

In addition to the exciting upcoming programs, the materials and audio for each of the past In The Know webinars are available through the Business Law Section’s In The Know website. These programs continue to qualify for CLE treatment in jurisdictions that allow self-study. 

February 2013: Navigating Ethical Quandaries in the Social Media Age: How Do the Rules Impact a Lawyer's Favorite Social Media Activities?; presented by the Consumer Financial Services Committee; panelists Mac R. McCoy, John L. Ropiequet, and Ryan S. Stinneford. 

April 2013: Commercial Law Developments 2012–2013; presented by the Commercial Finance Committee; panelists Steven O. Weise, Teresa Wilton Harmon, and Lynn A. Soukup. 

June 2013: Alternative Entities: A Business Lawyer’s Guide to Formation, Fiduciary Duties, and Governance; presented by the LLCs, Partnerships, and Unincorporated Entities Committee; panelists Hon. Donald F. Parsons, Jr., Eric Feldman, Dominick T. Gattuso, Lance Gilliland, and Srinivas M. Raju. 

July 2013: What Just Happened? UCC Filing Best Practices under the New Amendments to Article 9; co-sponsored by the Commercial Finance Committee and the Uniform Commercial Code Committee; panelists Teresa Wilton Harmon, Paul Hodnefield, and Annette C. Moore. 

September 2013: Private Company M&A: A Potpourri of Practical Pointers; co-sponsored by the Mergers & Acquisitions Committee and the Corporate Counsel Committee; panelists Richard E. Climan, Joel Greenberg, Michele Lau, and Jessica C. Pearlman. 

October 2013: IP for Non-IP Attorneys, co-sponsored by the Intellectual Property Committee and the Cyberspace Law Committee; presenters Sharon K. Sandeen and Jonathan Rubens. 

November 2013: Security and the Cloud: Key Tips to Managing Your Risks in Cloud Computing Agreements; sponsored by the Cyberspace Law Committee; co-chairs Lisa R. Lifshitz and Ariane Siegel; materials coordinator Alison Ronson; speakers Ian C. Ballon, Robert Bond, Eric A. Hibbard, Lara Kehoe Hoffman, Lisa R. Lifshitz, Jae B. Pak, Ariane Siegel, Johnathan Tal, John P. Tomaszewski, and Alison Ronson. 

December 2013: Cognitive Biases, Blind Spots, and Other Impairments of Ethical Vision: How Good Lawyers Can Go Astray; sponsored by the Professional Responsibility Committee; moderator Charles E. McCallum; panelists James W. Jones, Nancy B. Rapoport, and Dr. Larry Richard.

January 2014: What Every Business Lawyer Should Know About the Final Volcker Rule; sponsored by the Banking Law Committee; moderator Keith R. Fisher; panelists Arthur S. Long, and Heath P. Tarbert. 

February 2014: Corporate Governance Meets Sustainability; sponsored by the Corporate Governance Committee and the Corporate Social Responsibility Law Task Force; co-moderators Katayun I. Jaffari and Nancy S. Cleveland; panelists Brad A. Molotsky, Leah Seligmann, and John Whalen. 

March 19, 2014: Financial and Non-Financial End User Issues under Dodd-Frank; sponsored by the Derivatives and Futures Law Committee; panelists Gary Barnett, Warren N. Davis, Athena Velie Eastwood, Jennifer Wu Han, Lauren Teigland-Hunt, and Jeffrey L. Steiner. 

March 28, 2014: Bitcoin Accepted Here: Virtual Currencies and the Surrounding Issues; sponsored by the Cyberspace Law Committee; panelists Sarah Jane Hughes, Stephen Middlebrook, and Andrew J. Shipe. 

April 2014: Commercial Law Developments in 2013; sponsored by the Commercial Finance Committee; panelists Steven O. Weise and Teresa Wilton Harmon.