November 17, 2014

Inside Business Law (Nov. 2014)

Recent Committee Meetings 

Several Committees of the Business Law Section have recently held stand-alone Committee meetings. 

Business Bankruptcy

The Business Bankruptcy Committee met on October 8, 2014, in conjunction with the National Conference of Bankruptcy Judges. An incredible lineup of programming included:

  • (Almost) Everything You Wanted to Know About . . . Executory Contracts
  • Recent Developments Regarding the Interface Between Insurance and Bankruptcy
  • Discovery and Judicial/Legislative Developments in Mass Torts and Asbestos Trusts
  • Engagement Agreements with Individual Chapter 11 Debtors
  • Herding Clients: Working with Multiple Secured Creditors
  • Is there Room in the Chapter 11 Ark for Trustees, Examiners, Receivers, and CROs?
  • It's Not about the Money! (or Is It?): Garnering Support for Bankruptcy Sales Without Increasing the Purchase Price
  • Pro Bono Service on a Board of a Not-for-Profit in Crisis/Fulfilling Your Not-for-Profit’s Mission During Financial Distress
  • Restaurant Bankruptcies – Should I Make a Reservation Now?
  • Take the First Exit! – Defenses That Can Win a Case Early
  • The Uniform Voidable Transactions Act
  • What Every Distressed Investor Should Ask When Venturing Offshore – Are Chapter 11 Skill Sets and Experience Alive and Well (and Relevant) in Europe? 

The program materials and audio for each of the presentations can be found here

LLC’s, Partnerships, and Unincorporated Entities

The Third Annual LLC Institute, was presented by the Committee on LLC’s, Partnerships, and Unincorporated Entities in Arlington, Virginia, on October 16–17, and was a great success! Programming included:

  • Family Business Disputes
  • Indemnification and Advancement
  • Jewel v. Boxer and Law Firm Failures
  • LLC Case Law Update
  • LLC Series Drafting Project
  • Limited Liability – How Far Does It Go?
  • Real Estate Ventures, TICs
  • USA Cafes 

All of the program materials, as well as PowerPoint presentations and audio recordings, are available here

Recent Committee Newsletters 

Many Committees have also recently published newsletters, including the Business Tax Quarterly, published by the Taxation Committee, which includes the following articles:

  • New Rules on Tax Allocation between Banks and Bank Holding Companies: Who Owns Tax Refunds?
  • Tax Court Provides Guidance on International Governments Acting Collectively and § 162(f)
  • Inversions
  • Michigan Supreme Court Approves MBT Refunds Based on MTC Election
  • The MTC Election Made by IBM
  • Another Look at U.S. Federal Income Tax Treatment of Contingent Earnout Payments
  • Uncashed Settlement Checks Paid to Charity Under Court-Approved Settlement Cannot Be Escheated, Texas Supreme Court Rules 

The Consumer Financial Services Committee published its Fall Newsletter with features including:

  • Member Spotlight on Robert N. Collier and the Leadership Diversity Outreach Committee
  • A New Model for Pro Bono: The "Pillar Firm"
  • California Law Exempts Nonprofit Lenders to Help Build Consumer Credit
  • Debt-Sale Compliance: New Guidance from OCC Requires Action 

The Community Economic Development Committee Newsletter was published on November 4, 2014, and can be found here. The newsletter highlighted its webinar on Form 1023EZ which was held on Tuesday, November 18th, and introduced the Committee’s directors. 

The Nonprofit Organizations Committee also published its newsletter on November 4, 2014, which can be found here. The newsletter includes the following articles, reports, and updates:

  • Enterprise Risk Management for Nonprofit Organizations: Meeting Challenges to Tax-Exempt Status
  • Religious Organizations Subcommittee Report
  • Nonprofit Governance Subcommittee – Disaster Planning Discussion
  • Task Force Governance of Social Benefit Entities – Annual Meeting September 11, 2014
  • Nonprofit Attorney Profile: Mohamed Sabur, Director, Program to Strengthen Muslim Charities at Muslim Advocates
  • National Updates
  • State Updates 

The Cyberspace Law Committee published its November 2014 Newsletter on November 13, 2014. The newsletter includes registration information and highlights of the Cyberspace Law Institute and Winter Working Meeting to be held on January 23–24, 2015, in Charlotte, N.C., at the Omni Hotel, as well as a preview of scheduled CLE programming to be presented by the Committee at the Business Law Section’s Spring Meeting in San Francisco on April 16–18, 2015. 

Upcoming Events 

Fall Meeting

The Business Law Section Fall Meeting will be held November 21–22, 2014, in Washington, D.C., at the Ritz-Carlton Washington D.C. The Fall Meeting provides comprehensive business law programming, including:

  • More than a dozen CLE programs prepared and presented by practice-area experts
  • Up-to-the-minute topical sessions covering the latest business law issues relevant to your practice
  • Social events designed to facilitate networking with new contacts and reconnecting with old friends 

Committees holding meetings and presenting CLE programs include Business and Corporate Litigation, Career and Practice Development, Corporate Governance, Corporate Social Responsibility Law Task Force, Employee Benefits and Executive Compensation, Federal Regulation of Securities, Government Affairs Practice, Institutional Investors, Law and Accounting, Legal Opinions, Middle Market and Small Business, Professional Responsibility, and Securitization and Structured Finance.

We hope to see you there. If you cannot attend in person, please dial in to the Committee meetings. The schedule for the Fall Meeting, including dial-in information, can be accessed here

In The Know

On December 11, 2014, 1:00 – 2:30 p.m. Eastern (12:00 – 1:30 p.m. Central), the Mergers and Acquisitions Committee will present “Cases Do Matter: Judicial Forces Shaping M&A Deal Terms.” This program will explore:

  • Recent judicial decisions affecting M&A deal terms, such as those interpreting merger agreements or state law applicable to transactions
  • The impact on language and negotiating positions in merger agreements resulting from the judicial decisions
  • Market trends from the Deal Points Studies that illustrate how practice is changing because of the judicial decisions
  • How law firms can effectively share this kind of information among their lawyers to better serve clients 

In The Know is an exclusive Business Law Section member benefit, and you can earn free business law CLE by attending these hot-topic webinars developed by industry experts. Click here to register for the M&A Committee’s presentation.