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    Experts warn law firms of cyber threats at Aug 22 webinar

    August 17, 2018 8:53 AM by romeroi

    WASHINGTON, Aug. 17, 2018 —  The American Bar Association Cybersecurity Task Force will host cyber experts from the private sector and former government officials in a discussion of the most up-to-date information about hacking activities in the third webinar of a five-part series called “While You Were Sleeping: Ever-Changing Cybersecurity Threats and What You Need to Know Now,” from 1-2:30 p.m. on Aug. 22.

    This webinar is more relevant than ever. Businesses and law firms of all sizes face unprecedented challenges from cyberattacks. The 2016 presidential race revealed how hacktivists and enterprising criminal actors can wreak havoc with databases and business firewalls to make political statements, influence elections, or plunder proprietary data.

    Panelists include:

    • Scott Charney, corporate vice president, Trustworthy Computing, Microsoft, Seattle
    • Robert S. Litt, of counsel, Morrison & Foerster LLP, Washington, D.C.
    • Paul Rosenzweig, founding principal, Red Branch Consulting PLLC, Washington, D.C.
    • Lucy Thomson, CISSP; founding principal, Livingston PLLC, Washington, D.C.


    The panel will discuss the massive Panama Papers breach that affected the Mossack Fonseca law firm in 2016, the Equifax data breach, and the WannaCry and Petya/NotPetya ransomware attacks in June 2017. They also will discuss how many law firms are taking on levels of risk they may not understand and how to address such threats.

    The fourth and fifth webinars in the series are:

    • Sept. 12: “Cybersecurity is Not One Size Fits All: Addressing Night and Day Differences for Solos/Small Firms, Megafirms, Companies, Government, and Nonprofits” Panelists will discuss cybersecurity challenges, regardless of the practice setting or organization size.

    • Oct. 17: “What Clients Want: Cybersecurity Requirements You Never Dreamed Of” — Businesses are making cybersecurity demands on all business partners – law firms, vendors, and so on – and frequently these demands take people by surprise. This panel will discuss cybersecurity requirements such as issuing and responding to client surveys about cybersecurity practices, cybersecurity dos and don’ts in M&A transactions and the overlooked cybersecurity linchpin: training and creating a culture of awareness.


    For more information or to register for the webinars or access previous webinars, which are free for members of the media, please contact Betsy Adeboyejo at Betsy.Adeboyejo@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on twitter@ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    American Bar Association releases report on opioid crisis

    August 13, 2018 7:40 AM by glynnj

    WASHINGTON, August 13, 2018 — A new report about the opioid crisis in America is the outcome of the American Bar Association’s Senior Lawyers Division recent Opioid Summit in Chicago.

    The report makes nine recommendations and suggests 45 action items, including recommending more education and training opportunities to leverage existing policies that protect people dealing with substance misuse and providing treatment for the under- and uninsured.

    The report and its recommendations will be used to collaborate with other ABA entities to develop specific policy resolutions that address the opioid crisis. The Senior Lawyers Division plans to have a resolution approving the report’s recommendations and action items reviewed by the ABA House of Delegates as early as the ABA Midyear Meeting in January 2019.

    The Opioid Summit, held May 4, 2018, was sponsored by the American Bar Association Senior Lawyers Division, and more than 20 entities within and outside the association. The goal of the summit was to effect change in three aspects of the opioid problem:

    • The effects on the family, including intergenerational stress in confronting those who have fallen victim;
    • Differences in addressing treatment of what the National Institute on Drug Abuses terms a long-term, treatable brain disease;
    • Necessary changes to laws and policies surrounding those directly, and indirectly, affected


    The report also recommends several specific recommendations, including:

    • expanded access to treatment
    • a closer look at inequities placing people at risk of opioid addiction
    • greater focus on law school curriculums with trainings to include opioid and substance misuse disorders
    • promoting policies and laws that support families and caregivers faced with this issue
    • decriminalizing non-violent and low risk drug-related crimes in favor of alternative programs
    • removing barriers for people to seek treatment


    “The epidemic is shortening American life expectancy, impacting local government budgets, straining family resources and relationships, and challenging all of us to find solutions,” said Jack Young, chair of the ABA Senior Lawyers Division.  “It affects all of us.”

    “The Opioid Summit’s recommendations and action items include specific, meaningful, and practical solutions for the opioid crisis, which has been called the worst drug epidemic in U.S. history,” said Marvin Dang, chair-elect of the ABA Senior Lawyers Division and chair of the Opioid Summit. “The legal profession is a critical partner in the collaborative effort with other professions to address the opioid crisis.”

    The report, “Experienced Lawyers, American Families, and the Opioid Crisis: Report of the Opioid Summit 2018,” can be found here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on twitter@ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA House adopts new dues structure, urges government to address family border separation

    August 7, 2018 1:40 PM by glynnj

    CHICAGO, Aug. 7, 2018 -- The ABA House of Delegates wrapped up its two-day meeting Tuesday in Chicago, after approving a new membership model, updating lawyer-client communication model rules and urging the U.S. government to never again pursue the policy of separating families at the southern U.S. border.

    Concluding the 2018 ABA Annual Meeting Tuesday, the House approved Resolution 10C, which asks the Executive Branch and Congress to fix the border situation and ensure a policy of separation is never reinstated. The resolution was introduced by the Minnesota State Bar Association along with state bars from Connecticut and Massachusetts and three ABA entities.

    On Monday, the House, the association’s policy-making body of 601 delegates from state, local and specialty bar associations, adopted the new membership plan (Resolution 177), which effectively streamlines the ABA membership scheme by reducing some dues at the highest level and cutting the price points of membership from 157 to five. Under the plan, which takes effect Sept. 1, 2019, ABA members will have access to more and better content, including hundreds of free CLEs and information curated and delivered according to members’ individual interests and specifications.

    The five new ABA dues categories are $75, $150, $250, $350 and $450, depending on years as a lawyer and type of practice. Law students will still receive free membership.

    The lawyer communications measure (Resolution 101) culminates several years of work by the ABA Standing Committee on Ethics and Professional Responsibility and affiliated groups, which have shepherded the process for review of model rules related to advertising and lawyer communications with clients. 

    The action updates ABA Model Rules for state licensing regulators to consider that relate to communications with and solicitation of clients, lawyer advertising and communication of fields of practice and specialization. The changes, which clarify and simplify current rules, emphasize false and misleading advertising and are intended to reflect a balance between First Amendment rights and consumer protection.

    In other action over two days the House:

    • Concurred with four legal education resolutions, including one expanding the opportunity for online legal education under the ABA Standards and Rules of Procedure for Approval of Law Schools. A fifth resolution, which would have relaxed the requirement for a “valid and reliable” test, like the LSAT, in the law school admissions process, was withdrawn. About two dozen law schools now allow for the GRE, and the challenge for the Council of the ABA Section of Legal Education and Admissions to the Bar, the national accreditor of law schools, is how to determine what constitutes a “valid and reliable” admissions test.

    • Approved Resolution 300 that urges legal employers not to require mandatory arbitration of claims of sexual harassment. The ABA Commission on Women in the Profession sponsored the proposal, which has become a rallying cry in the #MeToo movement that has grown amid allegations of widespread sexual harassment. “It is time that we act,” said outgoing ABA President Hilarie Bass, who stepped down at the conclusion of the Annual Meeting.

    • Approved Resolution 114, which adopts the black letter and commentary to the ABA Ten Guidelines on Court Fines and Fees and urges governmental agencies to promulgate law and policy consistent with the guidelines. The guidelines are intended to minimize excessive penalties if an individual cannot afford to pay them and evolved from the work of a Working Group on Building Trust in the American Justice System that included ABA entities and others.

    • Adopted Resolution 118 that supported qualified transgendered people to serve in the U.S. Armed Services without discrimination.

    For a complete list of House actions click here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews

    St. Louis attorney Bill Bay becomes chair of the ABA House of Delegates

    August 7, 2018 12:30 PM by glynnj

    CHICAGO, Aug. 7, 2018 – Bill Bay, a partner with Thompson Coburn LLP in St. Louis, today became chair of the American Bar Association House of Delegates at the organization’s Annual Meeting in Chicago.

    The House of Delegates is the ABA’s policymaking body, and the two-year post of chair is the second-highest office in the ABA. There are 560 delegates in the House, including representatives of state and local bar associations, substantive legal sections and divisions of the ABA, and affiliated organizations and conferences of the Judicial Division, as well as former ABA officers, members of the Board of Governors, at-large delegates and state delegates. Action taken by the House of Delegates on specific issues becomes official policy of the ABA.

    Bay is a highly experienced litigator who has represented major corporations in high-stakes litigation for more than 30 years. His clients vary from major financial institutions to manufacturers to post-secondary institutions, and he regularly helps organizations manage and respond to large portfolios of litigation in multiple jurisdictions. He is also a member of the American Law Institute, the leading independent organization in the United States that produces scholarly work to clarify, modernize and improve the law.

    Bay has a long history of service and leadership at the ABA. He is a past chair (2012-13) of the Section of Litigation, the largest section of the ABA. He has served as a member of the ABA Board of Governors and chaired its Finance Committee from 2015-16. Additionally, Bay has been a member of the ABA House of Delegates since 2002, serving on numerous committees. Bay has served in leadership positions at other ABA entities, including its Standing Committee on Bar Activities & Services (chair, 2009-12); Commission on Racial and Ethnic Diversity in the Profession; Commission on Governance; Legal Opportunity Scholarship Fundraising Committee; Standing Committee on Membership; Death Penalty Representation Project; and Young Lawyers Division. He is a fellow of the American Bar Foundation.

    Beyond the ABA, Bay is active in several local and state bar associations. He is a past president of the Bar Association of Metropolitan St. Louis and a past member of The Missouri Bar Board of Governors, where he chaired several committees. He is a fellow of The Missouri Bar Foundation.

    Notably, Bay has been selected to co-chair several statewide commissions focused on increasing access and opportunities for women attorneys; achieving equal access to justice for litigants, regardless of their race or ethnicity; and exploring the future of the legal profession in Missouri. He currently serves as co-chair of the Supreme Court of Missouri’s Commission on Racial and Ethnic Fairness.

    In recent years Bay has been honored with the Spurgeon Smithson award, a top honor given by The Missouri Bar; the Distinguished Lawyer Award, the highest honor awarded by the Bar Association of Metropolitan St. Louis; an Excellence in Law Award from St. Louis Magazine; and Missouri Lawyers Weekly’s Influential Lawyer Award. He has appeared in The Best Lawyers in America since 2012 and has been recognized by Best Lawyers multiple times as the St. Louis Lawyer of the Year for Litigation-Banking and Finance.

    Bay received his B.A. from the University of Missouri and his J.D. from the University of Michigan Law School.

    A biography of Bay can be found here. A photo of Bay can be found here.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    New Orleans lawyer Judy Perry Martinez becomes ABA president-elect

    August 7, 2018 12:15 PM by glynnj

    CHICAGO, Aug. 7, 2018 – Judy Perry Martinez of Simon, Peragine, Smith & Redfearn LLP in New Orleans assumed the role of president-elect of the American Bar Association today at the conclusion of the ABA Annual Meeting in Chicago. She will serve a one-year term as president-elect then become ABA president in August 2019.

    Bob Carlson, a shareholder with the Butte, Montana, law firm of Corette Black Carlson & Mickelson, P.C., became ABA president today and will serve until next August.

    “Our profession and our country continue to look to the American Bar Association—the only organization that brings together lawyers in private practice, prosecutors, criminal defense counsel, civil legal aid lawyers, policy makers, government lawyers, judges, law professors, and law students—to speak on issues critical to the rule of law, justice system and our democratic values, and to lead with knowledge of the law and respect for the principles on which our nation was founded,” said Martinez. “I will be guided by the association’s unparalleled history of standing up for the voiceless and its unwavering commitment to support our members to be the best that they can be each day for their clients and the public they serve.”

    Martinez returned to SPS&R in 2015, previously serving the firm from 1982 to 2003 as a partner, member of its governing committee and commercial litigator. In 2003, she joined Northrop Grumman as assistant general counsel for litigation, managing litigation for the western half of the country before becoming vice president and chief compliance officer there in 2011. She retired from Northrop in 2015, to become a fellow in residence for one year at the Advanced Leadership Initiative at Harvard, and then returned to New Orleans.

    For more than 30 years, Martinez has held various leadership positions at the ABA. From 2014-16, Martinez was chair of the ABA Presidential Commission on the Future of Legal Services and currently serves as special advisor to the newly established ABA Center for Innovation. She also was a member of the ABA Task Force on Building Public Trust in the American Justice System. In 2011, she was appointed chair of the ABA Standing Committee on the Federal Judiciary, which evaluates all perspective nominees to the federal bench. Martinez has served as the ABA lead representative to the United Nations and as a member of the ABA Board of Governors and its executive committee. She previously has served as chair of the ABA Young Lawyers Division, a member of the ABA Commission on Women in the Profession and chair of the ABA Commission on Domestic Violence. She has been a member of the ABA House of Delegates since 1991. Martinez has served as a member of the ABA Task Force on Attorney Client Privilege, the Council of the ABA Center for Racial and Ethnic Diversity and the ABA's World Justice Project Committee.

    Outside of her work with the ABA, Martinez, along with other members of the Louisiana Bar, established the New Orleans Pro Bono Project and served as its first chair in the early 1980's. Additionally, she served as chair of the New Orleans Bar Association Young Lawyers Section. And, Martinez chaired the Louisiana State Bar Association Committee on Minority Involvement in its inaugural year, 1989, and chaired the LSBA Professionalism and Quality of Life Committee, and the LSBA Post-Conviction Death Penalty Representation Committee.

    Martinez is the recipient of numerous awards. In 2017, she was honored with the David A. Hamilton Lifetime Achievement Award by the Louisiana State Bar Association and the Presidents’ Award by the New Orleans Bar Association. In 2012, Martinez received the Camille Gravel Pro Bono Public Service Award from the New Orleans chapter of the Federal Bar Association. Martinez is also a past recipient of the Sam Dalton Capital Defense Advocacy Award from the Louisiana Association of Criminal Defense Counsel (1997), the Michelle Pitard Wynne Professionalism Award from the Association of Women Attorneys (1998) and the Alliance for Justice Award from the National Gay and Lesbian Law Association (1999).

    Martinez earned her Bachelor of Science degree from the University of New Orleans, and graduated from Tulane University Law School, with honors, in 1982.

    A biography of Martinez can be found here. A high-resolution photo of her can be found here.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    New American Bar Association president Bob Carlson plans to enhance membership experience

    August 7, 2018 12:00 PM by glynnj

    CHICAGO, Aug. 7, 2018 – Bob Carlson, a shareholder with the Butte, Montana, law firm of Corette Black Carlson and Mickelson, P.C., became president of the American Bar Association today at the conclusion of the Annual Meeting in Chicago. He will serve a one-year term ending in August 2019.

    Carlson is a native Montanan and has lived and practiced there his entire life. “As a Montana lawyer in a small firm, I know first-hand what a difference membership in the ABA makes for my practice and what a difference it makes in all our communities and our nation,” Carlson said. “As president, I want to deliver the message that the ABA is essential for all lawyers. We are the voice of the legal profession, an advocate for the rule of law and a place where every lawyer can access abundant resources to be a better practicing lawyer.”  

    Carlson will also focus on ABA initiatives to promote lawyer and law student wellness, advance diversity in the association and the profession, fight for access to justice for all and for an independent judiciary, and assess the state of legal education and bar admission.

    “This is more a relay than a sprint,” Carlson said. “I want to build upon all the good things the ABA does every day and all the hard work of my predecessors.”

    As shareholder, Carlson has a civil trial and mediation practice that primarily involves insurance defense, products liability and insurance coverage. Before entering private practice, he was staff attorney for the Montana Department of Business Regulation and a law clerk for the Montana Supreme Court.

    Carlson has a long record of service to the ABA. From 2012-14, he was chair of the ABA’s policymaking House of Delegates, the Association’s second-highest elected office. This is his third term on the ABA Board of Governors. Carlson has also served in the ABA House of Delegates as both Montana’s state bar delegate and state delegate and as a delegate at large. He is a Life Patron Fellow and past state chair of the Fellows of the American Bar Foundation.

    In addition to his firm and ABA service, Carlson is a former president of the State Bar of Montana and a former chair of its Board of Trustees. Carlson has also been a long-time member of the Montana Supreme Court’s Character and Fitness Commission and the University of Montana Law School’s Clinical Board of Visitors. He has served as lawyer representative from Montana to the Ninth Circuit’s Lawyer Representatives Coordinating Committee.

    Carlson earned his B.A. with honors from the University of Montana and his J.D. from the University of Montana School of Law.

    A biography of Carlson can be found here. A high-resolution photo of him can be found here.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA leadership approves new dues structure, enhanced membership benefits

    August 6, 2018 2:36 PM by glynnj

    CHICAGO, August 6, 2018 — The American Bar Association House of Delegates today approved a new, simplified dues structure (Resolution 177) that is a central feature of a new membership model that will reduce costs for most members and provide enhanced membership benefits for all ABA members. The ABA Board of Governors Friday approved the new membership model that will streamline the current 157 dues price points down to five, while offering members access to more and better content including hundreds of free CLEs and information curated and delivered according to members’ individual interests and specifications. The changes will take effect at the start of Fiscal Year 2020 (September 2019).

    The five new ABA dues categories will be set at $75, $150, $250, $350 and $450, depending on years as a lawyer and type of practice area. Law students will still receive free membership.

    All ABA members will receive access to added tools to make them better and more successful lawyers. All will have access to an online, on-demand library of more than 650 free CLE programs from all substantive areas of law and its practice. They will receive timely and relevant content, curated specially for them, regarding their practice area, along with news of the latest technology, practice management developments, and changes in the profession. The information will be tailored to their interests, delivered to them on the platform they prefer: including our new website, weekly email, or through social media. Members will also have more access to substantive articles from all our sections, divisions, forums and the Center for Professional Responsibility no matter what entities in the ABA they join. Members can also join GP Solo and Law Practice Divisions at no additional cost. The ABA Full Firm program also has been expanded so that firms with as few as six lawyers can take advantage of it.

    “For years, baby boomers joined our Association the day they became lawyers and dutifully sent in their checks every year thereafter,” ABA President Hilarie Bass said. “Today, lawyers’ expectations about the value that bar memberships provide is very different from the previous generation. This plan addresses that. This new model will be a game changer – as it needs to be.”

    The ABA began the process of evaluating these changes in October 2016 and conducted a deep analysis of its existing membership base and trends. It also conducted extensive research on lawyer preferences and perceptions regarding the ABA including focus groups, two surveys with more than 15,000 responses each, input from pricing experts and marketing consulting firms, and refinement by a 100-member working group of members and staff.

    Finally, the ABA looked at research and data regarding changes in membership patterns and expectations for professional organizations in general. These changes are designed to meet member expectations and maintain the Association’s current position as the pre-eminent professional association for legal professionals.  

    “Every lawyer in America will appreciate the benefits of membership in their national professional association,” Said ABA Executive Director Jack Rives.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews@ABANews.

     

    Deputy Attorney General Rod Rosenstein’s remarks at ABA Annual Meeting now available to media

    August 2, 2018 5:18 PM by glynnj

    WASHINGTON, Aug. 2, 2018 — Full text of Deputy Attorney General Rod Rosenstein’s remarks at the ABA Annual Meeting earlier today are now available on the Department of Justice website, linked here.

    Please contact Bill Choyke at 202-662-1864 or at Bill.Choyke@americanbar.org with any questions.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Legal Fact Check explores presidential power to revoke security clearances

    August 1, 2018 11:05 AM by glynnj

    WASHINGTON, Aug. 1, 2018 — The American Bar Association posted today a new ABA Legal Fact Check that explores whether the president has the legal authority to revoke the security clearances of former administration officials.

    Last week, White House Press Secretary Sarah Sanders said the president was considering revoking the security clearances of several former administration officials who, in Sanders’ words, have “politicized and monetized” their prior public service. The new ABA Legal Fact Check looks at past executive orders and U.S. Supreme Court cases that would suggest U.S. presidents do have the legal authority to revoke national security privileges.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. For coverage of other timely issues in the news, these prior ABA Legal Fact Checks might be helpful:

    • Click here for an ABA Legal Fact Check on executive orders.
    • Click here for an ABA Legal Fact Check on attorney-client privilege.
    • Click here for an ABA Legal Fact Check on under what circumstances, if any, would a president be above the law.
    • Click here for an ABA Legal Fact Check on the authority of a president to issue pardons.

    The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New ABA book a guide to understanding judgment creditor rights against LLC

    August 1, 2018 6:36 AM by glynnj

    CHICAGO, Aug. 1, 2018 — The American Bar Association Business Law Section has published “The Charging Orders Practice Guide: Understanding Judgment Creditor Rights Against LLC Members,” which provides lawyers with a source of both the legal theory underlying charging orders and pragmatic suggestions as to how to deal with limited liability companies from all viewpoints.

    LLCs have become the predominant form of business entity created for American businesses, far surpassing annually the numbers of new corporations. Among the features that have made LLCs attractive is that membership interests are not subject to the traditional remedies, such as writs of levy, that have long been available to the creditors of shareholders. Instead, a creditor’s recovery against the LLC interest of debtor is restricted to a heretofore little- discussed remedy known as a “charging order.”

    Corresponding to the rise of LLCs, creditor-debtor litigation involving LLC membership interests has likewise increased in volume. This has created a need for creditors, debtors, non-debtor members, the LLC and even potential third-party buyers of LLC interests at a foreclosure sale of charging orders to be able to come up-to-speed quickly on the subject of charging order.

    Written by Jay D. Adkisson, whose practice focuses on creditor-debtor law and captive insurance with offices in Las Vegas and Newport Beach, Calif., “The Charging Orders Practice Guide” discusses a broad array of issues involving this remedy, including:

    • The history and legal theory underpinning charging orders
    • Creditors’ strategies and tactics for obtaining charging orders and using them for maximum effect to enforce judgments
    • Step-by-step guidance to obtaining and enforcing a charging order
    • Debtor defenses to a charging order
    • Counseling an LLC on how to respond to a charging order
    • Charging orders and single-member LLCs
    • Intra-member disputes involving charging orders
    • The charging order in bankruptcy
    • Tax issues as seen through the eyes of all the parties to charging order litigation

    As a bonus, the appendices include sample charging order documents, plus two 50-state tables listing state statutes and the most important charging order decisions by Suffolk University Law School professor Carter Bishop.

    Members of the ABA Business Law Section’s LLCs, Partnerships and Unincorporated Entities Committee were also contributors to “The Charging Orders Practice Guide.”

     

    Title:                The Charging Orders Practice Guide: Understanding Judgment Creditor Rights Against LLC Members
    Publisher:        Business Law Section
    Pages:              336
    Product Code: 
    5070762
    ISBN:                978-1-64105-264-1
    Size:                 7x10
    Binding:           Paperback
    Price:               $94.95
    Orders:            800-285-2221 or ShopABA.org
    Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at Katrina.Krause@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Book Publishing, 321 N. Clark Street, Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.