January 20, 2016

Inside Business Law (Jan. 2016)

This month’s “Inside Business Law” highlights upcoming events, including the Business Law Section’s 2016 Spring Meeting to be held from April 7–9, 2016, in Montréal, Québec, and provides summaries of recent CLE programs from In the Know and Business Law Basics as well as several recent committee newsletters, with links to each.

Upcoming Events – Registration Information 

2016 Mergers and Acquisitions Committee Meeting

The Mergers and Acquisitions Committee will meet January 29–30, 2016, at the Montage Laguna Beach in Laguna Beach, California. You can view the meeting agenda and register for the Mergers and Acquisitions Committee Meeting here.

2016 Cyberspace Law Institute and Winter Working Meeting

The Cyberspace Law Committee will hold its annual Institute and Winter Working Meeting January 29–30, 2016, at Shephard Broad College of Law in Fort Lauderdale, Florida. You can view the meeting agenda and register for the Institute and Winter Working Meeting here.

2016 Spring Meeting

Registration information for the 2016 Business Law Section Spring Meeting, which will be held from April 7–9, 2016 in beautiful Montréal, Québec, can be found here. The Spring Meeting will be held at Fairmont Queen Elizabeth, Montréal, and Hotel Bonaventure, Montréal. The Spring Meeting will offer:

  • More than 65 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 friends
  • Hundreds of committee and subcommittee meetings addressing developments in all areas of business law 

In The Know – Recent and Upcoming CLE Programs 

In The Know is a series of monthly web-based CLE programs presented by various committees within the Business Law Section that explore timely issues and feature industry experts from across the country. Members of the Business Law Section may access the audio, program materials, and (where available) video from past programs. CLE credit is only available to those attending the live programs. 

Disrupting the Delivery of Legal Services and the Law Business: What Every Lawyer Needs to Know About New Legal and Law-Related Service Providers 

January 14, 2016
1:00–2:30 p.m. (EST)
Register here.
Presented by: Business Law Section and Center for Professional Responsibility

Panelists will discuss the rapid transformation of the business of law, survey developments in the marketplace, review new business models of some of the more interesting players, evaluate how new players and business models fit within (or outside) the current model of lawyer regulation, and discuss how regulators and the profession should respond to the transformation of the business of law. 

50 Ways to Leave Your Lover, err...Business Partner: The Essentials of Business Divorce in Privately Held Entities 

December 10, 2015
Audio and program materials available here.
Presented by: Business and Corporate Litigation Committee

Panelists discuss the definition of “business divorce” in the context of privately held corporations and LLCs and the issues unique to such a situation. The program includes a discussion of litigation alternatives for “business divorce,” including dissolution and corporate opportunity litigation, as well as transactional alternatives. 

Ethical Challenges in Advising Corporate Boards and Committees 

November 5, 2015
Audio and program materials available here.
Presented by: Corporate Governance Committee

Panelists discuss the ethical issues for in-house and outside counsel with the emergence and growth of committees of corporate boards of directors and their relationship to the full board and management. The program also explores these issues in the context of one or more hypotheticals based on real-world situations. 

Commercial Law Developments 2014–2015 

October 8, 2015
Audio and program materials available here.
Presented by: Uniform Commercial Code Committee and Commercial Finance Committee

The panelists review key highlights and lowlights in the courts concerning secured transactions and related subjects, including guaranties, lender liability, contract law, and fraudulent transfers. Against this backdrop, the program provides drafting and structuring tips to address the issues raised by these developments. 

Legal Ethics for Business Lawyers 

September 16, 2015
Audio and program materials available here.
Presented by: Professional Responsibility Committee

The panelists dispel the notion that ethics codes were designed for only the litigation practice by discussing such areas as the confidentially pitfalls of information technology, conflicts of interest, negotiation issues, dealing with dishonest clients, communicating with represented parties, and cross-border practice. 

Who Will Be There To Shut Out The Lights? 

August 6, 2015
Audio and program materials available here.
Presented by: Business Bankruptcy Committee

The panelists discuss what options are available when a client decides it can no longer operate and further decides that a Chapter 11 Reorganization is too expensive in light of the board of directors’ duty to maximize value for stakeholders. 

Business Law Basics – Recent CLE Programs 

Business Law Basics features monthly web-based CLE programs presented by various committees within the Business Law Section that are designed to cover the key fundamentals of substantive practice areas. Members of the Business Law Section may access the audio, program materials, and (where available) video from past programs. CLE credit is only available to those attending the live programs. 

Internal Investigations Under the New DOJ Guidance 

December 17, 2015
Audio and program materials available here.
Presented by: Corporate Governance Committee

Panelists consider the practical and legal implications of the Yates memo, including the challenges for corporate internal investigations, protection of privileged information, and whether the new guidance might result in fewer, rather than more, corporate settlements in criminal cases. 

Protecting the Crown Jewels – What Every Business Lawyer Needs to Know About Intellectual Property 

November 19, 2015
Audio and program materials available here.
Presented by: Business Law Section

This program covers the four key types of intellectual property – patents, trademarks, copyrights, and trade secrets – the strengths and weaknesses of each, and how each can be valuable to a business. 

Can I Do This? Fundamentals of Ethics and Civility in Practicing Business Law 

October 29, 2015
Audio and program materials available here.
Presented by: Professional Responsibility Committee

Focusing on common situations that all business lawyers address, the panelists use recent court and bar association decisions to offer practical guidance as to what the lawyer can and cannot do, or should or should not do, under the rules of ethics and standards of professionalism, what may happen if the lawyer fails to comply with those rules and standards, and what happens if the rules and standards don’t provide clear answers as to what to do. 

The Basics of Conducting a Securities Offering 

September 30, 2015
Audio and program materials available here.
Presented by: Middle Market and Small Business Committee

The panelists present a basic overview of the legal and practical aspects of issuing stock, membership interests, or other equity securities by a privately held company, discuss the regulatory and practical implications associated with the offer and sale of securities, and examine typical fund-raising scenarios faced by small- and medium-sized businesses. 

Delaware Corporate Law Essentials: Building Blocks and Practice Pointers 

August 27, 2015
Audio and program materials available here.
Presented by: Corporate Governance Committee

Leading experts on Delaware corporate law answer questions about forming or representing Delaware corporations, covering a wide variety of topics, including how to set up charter documents, fundamentals of corporate governance, fiduciary duty, the business judgment rule, how to fix mistakes, recent changes to Delaware corporate law, and much more. 

Recent Committee Newsletters 

A number of committees have recently published newsletters, including the following: 

The Cyberspace Law Committee’s Cyberspace Law Committee Newsletter (December 2015) features the following:

  • an update from ICANN-54: The IANA Transition, by Michael Kelly and David Satola, Co-chairs, Internet Governance Task Force;
  • a report from the ABA Cybersecurity Task Force Meeting, by Candace Jones; and
  • a recap of the Cyberspace Law Committee’s doings, including updates from the chair of the Identity Management Legal Task Force, the co-chairs of the International Trade Subcommittee, the co-chairs of the Electronic Payments and Financial Services Subcommittee, and the co-chairs of the Mobile and Connected Devices Subcommittee.

The December 2015 issue of the Cyberspace Law Committee Newsletter can be found here

The Consumer Financial Services Committee’s Consumer Financial Services Committee Newsletter (December 2015) features the following articles and topics:

  • I Came, I Saw, I Made a Difference: Pragmatic Pro Bono Programs for the Twenty-First Century, by Mark T. Andrus; edited by Cynthia Thaxton;
  • Madden v. Midland Funding: A Sea Change in Secondary Lending Markets, by Robert Savoie; and
  • Options for Debt Buyers Waiting for the Final Word in Madden, by Sabrina A. Neff.

The December 2015 Consumer Financial Services Committee Newsletter can be found here.