Business and Corporate Litigation Committee Newsletter - Spring 2020

Business & Corporate

Message from the Chair

Stuart Riback

Disappointing as it is that the Section has had to cancel the Spring Meeting in Boston that was scheduled for later this month, the current public health situation gives us all an opportunity to refocus on our priorities, give thanks for our blessings, and rededicate ourselves to our clients, our colleagues and our communities. We will, hopefully, emerge from this crisis much stronger.

Business & Corporate

Pennsylvania Limits Interest Accrual on Capital Debt

Robert J. Hobaugh, Jr.

Pennsylvania has limited interest that accrues on its capital debt obligations by enacting Act 43 of 2019 (the Act”) which requires principal payments to be made in equal annual maturities. This plan requires an equal amount of principal to be included in each payment over the life of an obligation. The Act removes a prior repayment option of increasing principal components of level payments to bondholders.

Business & Corporate

Judicial Crossroads: Making Difficult Decisions From The Bench

Mitchell A. Carlson

Out of all the various experiences I have had as a law student interning for a federal judge thus far, none have been quite as eye-opening and as impactful as the day I got to witness that judge conduct a sentencing hearing in one of her criminal cases. All law students know that sometimes the law results in tough decisions having to be made, and sometimes those decisions have profound impacts on individual’s lives.

Business & Corporate

Expedited Arbitration: Where Practicality Meets Principle

Deborah J. Hylton

At the inaugural New York Arbitration Week in November 2019, the International Institute for Conflict Prevention and Resolution (CPR) hosted a breakfast panel on expedited arbitration. Helena Tavares Erickson of CPR moderated a discussion among Natalie Reid of Debevoise & Plimpton, Monica Costa of TozziniFreire, Gregory Gallopoulos, General Counsel of General Dynamics, and Deborah Hylton of Hylton ADR Services. The panel’s discussion was the genesis of this article, and the author gratefully acknowledges the thought contribution of the other panelists.

Business & Corporate

Bankruptcy Update: The Small Business Reorganization Act

Sonali Doshi

The Small Business Reorganization Act (“SBRA”), the newest addition to the Bankruptcy Code was passed as law on August 23, 2019 and is set to take effect on February 19 2020. Bankruptcy lawyers, judges, and scholars are in dire anticipation to see the extent of its transformative powers.

Business & Corporate

What Does the CFPB Complaint Database Tell Us About the Quality of Servicing of Student Loans?

Faten Sabry, Ignacio Franceschelli, David Cen

On 18 January 2017, the Consumer Financial Protection Bureau (“Bureau” or CFPB) filed a lawsuit against a large student loan servicer that manages over $300 billion in federal and private loans for over 12 million borrowers. The CFPB alleged that the servicer failed to provide borrowers with adequate information about repayment plans when borrowers were unable to pay and did not help them identify eligibility for and enrollment in income-based repayment plans.

Business & Corporate

Wellness at 40,000 Feet

Hon. Elizabeth S. Stong

I’m generally a fan of moderation, in just about every way. According to oxfordreference.com, the Greek poet Hesiod stated – about 2700 years ago – “observe due measure; moderation is best in all things.” And his thought was echoed by the Roman comic dramatist Plautus about 450 years later, who wrote “moderation in all things is the best policy.”

Business & Corporate

Subcommittee Reports

Subcommittee report for Communications and Technology

Business and Corporate Litigation Leadership Roster

Tomas J. Garcia

Leadership Roster for Business and Corporate Litigation

Business & Corporate

Annual Meeting 2019 Recap

In September of 2019, the BCLC presented five programs at the Annual Meeting in Washington, DC.

Business & Corporate

The Business Lawyer Invites Submissions

The Business Lawyer Editorial Board invites Business Law Section committee, subcommittee, and task force submissions as well as topical, scholarly submissions, including case law analyses and commentary on developing trends, that may be of interest to business lawyers generally and other members of the Business Law Section. An editorial decision is made on lead articles typically within two to four weeks after submission, with detailed substantive editing thereafter. We are looking for interesting, well-researched submissions on areas of topical interest. Lead time with full peer review and professional staff editing is approximately four to six months.

Business & Corporate

Becoming a Business Law Today Author Is Easier Than You Think

Is it your New Year’s resolution to become a published author in 2020? The Section’s recently re-imagined web publication, Business Law Today (BLT), provides several opportunities for Business and Corporate Litigation Committee members to become internationally published authors. With a worldwide readership of nearly 50,000 business law practitioners, BLT is the fastest and easiest way for Section members to get noticed by the audiences that matter the most. Introductory-level content written by and/or for younger lawyers is welcomed and encouraged!

Business & Corporate

Cocktails and CLE

The Business and Corporate Litigation Committee held its first regional “Cocktails and CLE” event in San Francisco on January 30, 2020 at the offices of Paul Hastings LLP. “Cocktails and CLE” -- a complimentary event for local practitioners – is an opportunity to socialize, earn CLE credit and connect with the Committee and the Business Law Section.

Business & Corporate

WIDR’s Updated Directory

The ABA encourages all users of domestic and international legal and neutral services to select and use diverse neutrals. (Resolution 105, adopted 2018).

Business & Corporate

Members in the News & Notes

Check out the recent activities and achievements of our BCLC members!