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Editorial Board:
Tracy A. Cinocca
Newsletter Editor
Tracy A. Cinocca, P.C.
918-488-9117
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Message from the Chair
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Steven M. Mayer
Mayer & Glassman Law Corp.
Los Angeles, CA
I am delighted to report that the Young Lawyer Forum's Sixth Annual Young
Lawyer Institute was a huge success. I extend a huge "thank you"
to the hardworking YLF executive committee, Section leadership and staff,
for their many hours spent planning another first class event.
This year's Institute was held on April 16th in beautiful Vancouver,
Canada, during the Business Law Section's stand-a-lone annual meeting.
Nearly 100 lawyers and law students from around the world participated. In
addition to the Institute, hundreds more Young Lawyers attended the
conference and participated in other Section activities throughout the
weekend.
The Institute featured an activity-filled day of timely and important
"nuts and bolts" programming on such topics as Contract Drafting
and the Deal; The Future of Consumer Lending — Back to Basics;
Understanding LLC Operating Agreements: How the Deal Affects Drafting; What
to Expect When Your Deal Goes Bad; Career Management for Young Lawyers in a
Troubled Economy; Everything You've Always Wanted to Know About
Cross-Border Insolvency; and The Legal Side of the World of Sports and
Entertainment - Vancouver 2010.
Those attending also participated in a networking lunch, a welcome
reception, a leadership opportunity meeting, and elegant waterfront dinner.
A special thanks to the Section and Section sponsors for donating great
door prizes at our Friday night mixer (cle filled iPods, hotel gift
certificates, and Section publications)!
I also want to recognize the work of our Pro Bono/Public Service
Subcommittee for their efforts and good work in the Section's book drive
for the children served by Vancouver's Union Gospel Mission.
Do not feel left out if you were not there. Big projects are in the works,
new subcommittees are being formed, and plans are well underway for our
next meeting
this August in Chicago and the Seventh Annual Institute next
spring in Denver, Colorado.
The Year In Review
As I complete my term as Chair, I am proud to report that we successfully
accomplished our goals set last year in New York for the 2008-2009 bar
year: (i) we explored new ways to provide membership value to young
lawyers unable to attend Section meetings; (ii) we restructured several
subcommittees and are reactivating others to meet the needs and requests of
our members world-wide; (iii) we continued to promote diversity in our
membership and throughout our leadership structure; (iv) we continued to
offer programming relevant to the interests and requests of our members;
and (v) we continued the YLF mission of providing a soft landing for
younger and newer lawyers in the Section's committees and assisting them in
finding a home in active Section work.
I am pleased to announce that Sherwin Simmons will be installed as the next
YLF Chair this Summer during the ABA's Annual Meeting. Sherwin is a past
Section Fellow with a long history of YLF involvement. Sherwin is more
than a founding member and leader of the YLF, a regular speaker at the
Institute, and player of an integral role in welcoming and assimilating
young lawyers into the Section's substantive committees. Sherwin
exemplifies the spirit of the YLF and the limitless involvement
opportunities available to all our members.
During my three years as Chair, I have grown professionally, made new
friends from around the world, and shared many interesting experiences.
This would not have been possible without the service, dedication, and hard
work of a large group of amazing people, including the entire YLF executive
committee, my Section mentor, and of course, the Section staff, for whose
guidance, support, and encouragement I am very much appreciative.
I look forward to my new role as co-Chair of the Section's Advisors
Committee and to seeing you at future conferences. I encourage you to
contact Sherwin or me, or any of the subcommittee chairs, with any
questions, comments, suggestions, or if you want to become more actively
involved in the YLF or the Section generally.
The YLF remains committed to serving as a center of gravity for business
lawyers under the age of 40 or in practice for less than 10 years. The YLF
will continue to provide its members with numerous opportunities for
education, training, public service, networking, socializing, and
leadership and business development.
The YLF offers plenty of ways to become involved even for those who cannot
attend Section meetings. Many of the YLF Subcommittees were formed with the
focus on providing value to young lawyers regardless of whether they attend
Section meetings. This focus remains paramount in the YLF's activities as
we continue working to provide important and valuable resources to young
lawyers everywhere.
Make friends, generate business, network with lawyers from around the
world, join a committee and learn something new. Your firm might even
sponsor you. We look forward to hearing from you.
--Steven Mayer
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Message from the Incoming Chair
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Sherwin P. Simmons, II
Carlton Fields
Tampa, FL
At the ABA Annual Meeting in Chicago this year, the Chair position of the
Young Lawyer Forum will be relinquished by Steven Mayer. I wanted to take
the opportunity to thank Steven for his contributions and leadership over
the past three years as Chairman of the Young Lawyer Forum.
Steven became a Co-Chairman of Young Lawyer Forum during the 2006 Annual
Meeting in Hawaii. At that time, the Committee had just been around for a
few years and was definitely in the infancy stage. Steven was supposed to
be the younger Co-Chairman with a senior Co-Chairman handling the heavy
lifting. Shortly into Steven's tenure as a Co-Chairman the other
Co-Chairman had to resign due to time constraints and as a result, Steven
was thrust into the sole leadership position. Steven immediately jumped
into the position to learn every aspect of what needed to be done and
formed a new direction for the Young Lawyer Forum. Steven helped the
Institute for a New Business Lawyer grow into the success that it is today
and has established a foundation for the Institute to continue moving in a
positive direction. He helped strengthen the bonds with the Section of
Business Law leadership in order to ensure that the Young Lawyer Forum
would continue to grow in respectability and size.
Steven always made it his goal to help every young lawyer that sought
advice or help, get actively involved into an additional Section of
Business Law committee. Steven felt that his primary job was complete if
someone came to the committee, worked for a little bit and then was placed
in another committee to thrive. With this concept, Steven has helped form
and establish the major responsibility of the leadership of the Young
Lawyer Forum.
We are a much stronger and a better committee due to Steven Mayer's
leadership and contribution. We wish our friend and colleague much success
in his new role as a Co-Chairman of the Section's Advisors Committee but
hope he will continue to be actively involved with our committee now and as
he continues to elevate through the leadership ranks of the Section of
Business Law. I am relieved to know that Steven has promised to help me
during this transition and will always be around to bounce ideas off of. I
will strive with all my efforts to carry the torch that Steven has so
greatly held for the last three years. Thank you Steven.
Young Lawyer Forum Leadership Opportunities
With the change of Chairman, there is also an opportunity for a change in
the leadership of the Young Lawyer Forum as a whole. To that end, I am
pleased to announce that Stephanie Cohen of Reed Smith, LLP and Mac Richard
McCoy of Carlton Fields, P.A. have both agreed to serve as Vice-Chairs.
There are a number of subcommittees which comprise the Young Lawer Forum,
most of these subcommittees are made up of a chairperson and a
vice-chairperson. Some of these positions are currently filled, but those
chairpersons may be moving to another position; thus, if you have an
interest in any of these positions, whether as a chairperson or
vice-chairperson, please let us know. We plan on filing these positions in
September after the Annual Meeting; therefore, feel free to grab Stephanie,
Mac or me in Chicago to discuss your interest. We are also changing our
tenure for each chairperson or vice-chairperson of the subcommittees to two
years. Below is a list of all the subcommittees and a brief description.
Following is a list of subcommittees:
Diversity
- Liaison to the Section of Business Law Diversity Committee, help ensure
the Young Lawyer Forum continues to meet the criteria and guidelines of the
Section's diversity initiatives and effort.
International Young Lawyers
- Liaison for all Section of Business Law young lawyers who practice
outside the United States. Coordinate with those young lawyers; help
facilitate a platform for the discussion of the unique nature of their
involvement.
Membership
- Continue to promote the Young Lawyer Forum and involve other young
lawyers into the committee.
Newsletter
- Responsible for publication of the various Young Lawyer Forum newsletters
throughout the year.
Pro-Bono/Public Service
- Coordinates all aspects of the Committee's sponsorship of and involvement
in the various pro bono and public service activities of the Section.
Also works to identify opportunities for Committee members to organize
and/or participate in pro bono legal work within their home communities and
to network with other Section members sharing their commitment to providing
pro bono legal services to indigent persons, legal aid organizations, and
nonprofit organizations.
Programming/Institute for the New Business Lawyer
- Provides the direction and decision making with respect to the institute
for New Business Lawyer on an annual basis. Also chooses the programming
throughout the year for the various slots designated to the committee.
Social
- Organize the annual committee dinner and hospitality suites. Coordinate
social activities during the course of the spring meeting and annual
meeting. Attempt to make everyone happy!
Small Firm
- Provide a platform where young lawyers can gather and discuss the
specialized nature of their practice. Also organizes a program for the
Institute for New Business Lawyer.
Technology
- Deals directly with the Committee's website to ensure it is updated,
information is posted and the website is organized in an efficient manner.
Also integrates new technology into the Committee and coordinate with the
Section's technology committee.
Business Fellows/Ambassadors
- This individual needs to be a current Section of Business Law Fellow or
Ambassador and will coordinate between the two committees as the committees
are essentially intertwined with respect to their desires and goals.
Speaker Bank
- Maintain a list of young lawyers who wish to participate in other
committees' presentations and panels. Act as a resource for other
committees who are seeking to obtain a young lawyer to speak on their
panel.
Please feel free to email me at ssimmons@carltonfields.com or call me at
(813) 229-4307 to discuss your involvement in the subcommittees or if you
have an idea for an additional subcommittee. Additionally, please feel
free to contact Stephanie Cohen at SDCohen@reedsmith.com or Mac McCoy at
mmccoy@carltonfields.com. Thank you and I look forward to seeing everyone
in Chicago!
"Be more concerned with your character than your reputation, because
your character is what you really are, while your reputation is merely what
others think you are."
~ John Wooden ~
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Featured Articles
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Justice Systems in Canada and the United States
Selina Koonar, B.A., J.D., L.L.M. Candidate, Richmond, British Columbia
Judicial independence as a prerequisite to justice is evident in both the
Canadian and American legal systems. Both Canada and the United States stem
from the common law system. However, its justice systems are very distinct.
The Canadian judicial system is a unified system where all courts are part
of the same system and the Supreme Court of Canada has the final authority
throughout Canada. Conversely, the US has two parallel and sovereign judicial
systems where the federal justice system applies federal law and the state
systems are sovereign over the interpretation of state law.
More...
Changing Landscape: Introduction to the Third Amendment to the Chinese Patent Law
Phong D. Nguyen, Baker & Hostetler LLP, Washington, D.C.
China's patent law is rapidly evolving to keep pace with its constantly
expanding economy. On December 27, 2008, the Standing Committee of the Eleventh
National People's Congress – China's top legislature – approved the Third
Amendment of the Chinese Patent Law. The Third Amendment will go into full
effect on October 1, 2009. These changes will have profound effect on global
industries and innovative Chinese companies that expect to obtain and enforce
patents in China. To help foreign businesses and practitioners stay on top of
the new laws, major changes are outlined as follows.
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S-Corp LLCs - Planning Opportunity or Solution in Search of a Problem?
Thomas E. Rutledge, Stoll Keenon Ogden PLLC, Louisville, Kentucky and Sherwin P. Simmons, II, Carlton Fields, P.A., Tampa, Florida
At the recently completed Young Lawyer Institute in Vancouver we
were among the presenters at the program Understanding LLC Operating Agreements –
How the Deal Affects Drafting. In the course of the program we were asked, inter alia,
why would anyone have an LLC make an S-election? Frankly, we were not able to provide much
in the way of a complete and balanced answer as, well, there seems to us to be very
little to recommend that format. We hope that the following thoughts are a rather
more complete answer to the question presented.
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Nuts & Bolts of Conducting Cross Border Negotiations
Sajai Singh, Partner, J. Sagar Associates, Bangalore, India
Introduction
Face-to-face negotiations are crucial aspects of inter-organizational relationships
like joint ventures, mergers and acquisitions, licensing and distribution agreements,
and sales of products and services. As the proportion of foreign to domestic trade
increases, so does the frequency of business negotiations between people from different
countries and cultures. To successfully manage these negotiations, businesspeople need to
know how to influence and communicate with members of cultures other than their own.
More...
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2009 ABA Annual Meeting Program Announcement
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Don't miss the opportunity to attend, "Women in the Law: Past, Present and Future",
an interactive and highly candid CLE program Co-Sponsored by YLF. Being held on Saturday,
August 1 at 8:00 a.m. in the Sheraton Hotel and Towers Ballroom I, Level Four, this program
will explore 60 years of history – from the bench, government, academia, business and
private practice – in a conversation among an amazing group of women. Representing each decade
from 1950 to 2000, the panel will discuss their professional lives and the accomplishments,
changes and challenges experienced by women lawyers, as well as those confronting the
profession today.
Click here
for more information.
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Navigating the ABA Business Law Section Spring Meeting:
Lessons from Vancouver
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Daria Boxer, United States Bankruptcy Court, Los Angeles, CA
Vibrant, dynamic, intense, the ABA Business Law Section Spring Meeting
is now behind. As a first timer, one is likely to be overwhelmed by the
abundance of events and activities the meeting has to offer: an array of
cutting-edge CLE programs, subsection meetings, networking events, and, of
course, the gorgeous city of Vancouver.Unfortunately, 24 hours in a day is
the limit. How to spend this time most efficiently? As the Annual ABA
Meeting in Chicago is approaching, here are some tips on how to get the
"biggest bang" for each hour of your visit:
- Take one step at a time. From the outset, admit you cannot clone
yourself. As tempting as the idea of attending two programs at a time may
sound, pick one program and give to it your undivided attention. By dashing
from one program to another, you will likely find yourself sitting between
two chairs. Attending one program at a time ensures the most meaningful
experience and facilitates program retention.
- Kill two birds with one stone. While you cannot be at two places
simultaneously, there are plenty of opportunities in the art of
multitasking. For instance, if you are a runner, join a local attendee for
a morning run. In that way, not only will you stay energized for the rest
of the day, but you can also explore the city and learn about the local
practice of law from your Canadian colleague. Also, if time does not
permit for a one-on-one chat with your colleagues, consider attending a
program presented by them. In that way, you can catch up on what they have
been working on and ask questions during the Q&A period.
- Keep an open mind. Although plotting and planning your schedule in
advance may be advantageous, do not hesitate to deviate from it. More
interesting opportunities may arise as you meet new people and learn new
things throughout the meeting. Have a schedule, but consider it tentative.
Be flexible and open to new experiences.
- Take notes. Although all CLE materials will be generally available
after the meeting, they cannot substitute your own notes. Jot down points
that are new and important to YOU. Upon return to your office desk with
piled-up work, you are much more likely to review a few pages of notes
rather than thousands of pages of CLE materials. Additionally, particular
points you have found important may not even be included in the materials.
So, arm yourself with a pen and a pad before attending a program.
- Pace yourself. An ABA meeting is an exciting marathon of CLE programs,
meetings, receptions, lunches, dinners, and other social events. Take, for
example, Thursday, April 16th: a long day of CLE programs and meetings was
followed by the First Timers Reception at 5 pm, the Welcome Reception at 6
pm, a subsection cocktail reception and dinner at 7:30 pm, polished at the
WBLN Sweet Endings Dessert Reception at 10 pm and finished with the Young
Lawyer's Hospitality night out. Just like in a marathon, you have to pace
yourself to the finish line to obtain the most satisfying results.
Distributing your energy evenly throughout the day and keeping in mind that
the first reception is not the last will enable you to absorb the most
knowledge, meet the most people and, above all, have the most fun!
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ABA Business Law Section Spring Meeting Public Service Project
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Amy Billingsley, UGM representative, and Mac McCoy, YLF Pro Bono Subommittee Chair,
with some of the many books and toys donated through the Bring-a-Book
Project co-sponsored by the YLF during the Section Spring Meeting in Vancouver.
In connection with the Spring Meeting in Vancouver, the YLF Pro Bono Subcommittee
proudly co-sponsored the Bring-a-Book Project to Promote Children's Literacy.
Section members were encouraged to donate a book or toy to benefit underprivileged
children served by Vancouver's Union Gospel Mission ("UGM"), a local outreach
organization providing an array of services to homeless families. The project was
listed as a highlight in the Section's "Top 10 Things to Know for the Spring Meeting."
With on-the-ground coordination by the Vancouver office of Farris, Vaughan,
Wills & Murphy LLP, and with support from the Vancouver law firm members of the
Host Circle, the Section was able to donate nearly twenty boxes of books and toys for
children of various ages. This meaningful donation will help support UGM's childhood
literacy and education programs in two separate facilities for an entire year. The
Bring-a-Book Project was co-sponsored by the Pro Bono and Public Service Subcommittee
of the Business and Corporate Litigation Committee, the Section's Committee on Pro Bono,
and the Pro Bono Services Subcommittee of the Business Bankruptcy Committee.
Based on the tremendous success of the Bring-a-Book Project in Vancouver, the
YLF Pro Bono Subcommittee will co-sponsor another book drive during the ABA Annual
Meeting in Chicago. The Chicago book drive will benefit Book Worm Angels, a local
organization working to promote children's literacy in underperforming schools.
For more information or to volunteer for the book drive, please email Mac R. McCoy,
YLF Pro Bono Subcommittee Chair, at mmccoy@carltonfields.com.
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Get Published Now! Articles Needed!
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Over 12,000 Young Business Lawyers Want to Hear From You!
There are over 400,000 ABA members of which more than 57,000 are Business Law Section members,
in addition to the general public, that will have access to your article through high ranking
search engine results. Your article will also be memorialized on the ABA website. The Young
Lawyer Forum is collecting articles for future newsletters which are circulated to our members
worldwide. Please send your submissions to Tracy A. Cinocca at
TracyCinocca@aim.com.
Articles should be 1500 words or less, and on any topic of interest to young lawyers. From
short scholarly articles, to practice tips, reviews/summaries of a Section program, life in the
trenches, interesting pro bono projects, humorous looks at life and the law, or even how you
balance work and personal life. We appreciate your help in making this newsletter a success.
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Committee Leadership
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