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The following excerpt is taken from The Portable Bankruptcy Code & Rules, 2007 Edition by Sally M. Henry, Copyright 2007 by the ABA Sectioon of Business Law. Reprinted here with permission. The material contained herein represents the
opinions of the authors and editors and should not be construed to be the action of either the
American Bar Association or the Section of Business Law unless adopted pursuant to the bylaws of
the Association. Nothing contained herein is to be considered as the rendering of legal advice for
specific cases, and readers are responsible for obtaining such advice from their own legal counsel.
To request reprint permission, contact the Manager, Copyrights and Licensing, at (312) 988-6102.
For the complete excerpt, click here
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Message from the Chair, Linda C. Hayman
I hope you are planning to attend the Section's Spring Meeting in
Washington DC. The Spring Meeting is, as always, the highpoint of the year
for the Section of Business Law. And this year our committees have been
hard at work to provide a spectacular event for our attendees.
Now is a great time to think about how you can make the most of our Spring
Meeting. Justice Breyer will be our keynote
speaker for the annual Section Luncheon on March 16; be sure to reserve a
ticket for "A Conversation
with Justice Breyer."
This year's meeting includes 75 CLE sessions, 50 committee meetings and
193 subcommittee meetings. E-consumer issues and regulations; risks in
internal investigations; cross-border mergers, acquisitions and
philanthropy; patent risks; and consumer authentication are just a few of
the more than 40 topics to be addressed at the Spring Meeting.
Representatives from the U.S. Departments of Justice and Treasury, the
Federal Trade Commission, the Federal Reserve Board, the Federal Deposit
Insurance Corporation, the U.S. Securities and Exchange Commission, the
Internal Revenue Service, the Office of the Solicitor General, the U.S.
General Services Administration, the U.S. Government Accountability Office,
the U.S. Senate Committee on Indian Affairs, and the National Council on
Disability are expected to participate in our CLE panels and
meetings.
If you have registered, you may find these tips helpful:
- Review the online program book and program materials to set
your meeting agenda.
- Stay in touch with your office by taking advantage of the complimentary
Internet Cafe and the wireless internet service that will be provided in
all meeting areas.
- Attend the complimentary Section Welcome Reception on Thursday, March 15,
from 5:30 - 7:30 p.m. This is the perfect opportunity to learn about
and join a committee, meet committee leaders, hear about upcoming committee
projects, and network with other attendees.
- Join the Women's Business Law Network (WBLN) for dessert on Thursday,
March 15 from 10:00 - 11:30 p.m. The complimentary event, aptly named
"Sweet Endings" will take place on Thursday, a night when many of
the committees are hosting dinners.
- Join the Committee on Pro Bono for a complimentary breakfast on Friday,
March 16, from 7:30 - 9:00 a.m. Talk with the local pro bono community and
hear the recipients of this year's National Public Service Awards speak.
- Participate in our annual public service project, on Saturday, March 17.
Join Section members and George Washington University Law School students
for grounds clean-up at historic Pierce Mill. The project will be overseen
by the National Park Service, which will provide bags and gloves.
- Attend one of our many committee dinners to be held around DC. Ten of
our committees will be hosting dinners and these dinners are open to all
registrants. Visit the committee dinner page on the Spring Meeting website
to learn more.
- Use your easy-to-carry CD-Rom, which will include all original and
supplementary program materials and will be given to you at the
registration desk.
We look forward to seeing you in our nation's capital for a fabulous
meeting.
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Linda C. Hayman
Chair, Section of Business Law
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FIN 48 has introduced new rules that significantly change how companies
account for uncertain income tax positions. Its goal is to reduce
inconsistencies in approaches to recognizing, measuring and presenting
income taxes in financial statements.
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If you are representing clients doing business in China (or other
countries, for that matter), you need to review these very useful materials
on FCPA compliance.
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Presented by the Committee on Small Business
at its winter meeting in Charleston, NC, January 2007.
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The careful negotiation of a loan commitment can help insure a smooth and
cost effective loan closing process.
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The importance of a sound record retention program is highlighted by each
new jury verdict or court decision that punishes prominent companies
because they mishandled their records.
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There are benefits and drawbacks of a defeasance ( i.e., substituting
government securities for other collateral) of a loan.
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The Supreme Court of Canada has opened the door to the recognition and
enforcement of non-monetary judgments in Canada.
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Identity theft harms not only the individual whose personal information is
stolen but also the financial institution that unwittingly facilitated the
theft.
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Learn how courts in the U.S., the U.K, and certain other countries
enforce forum selection agreements dealing with choice-of-court and
arbitration.
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Presented by the Committee on Small Business
at its winter meeting in Charleston, NC, January 2007.
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Committee Spotlight
To learn more about or join the committees that contributed to this month's practice points, just click on the committee name below.
Section members are eligible to join the Section's committees at no
additional cost. Become involved or simply stay in the information
flow. It's FREE!
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The goal of the Program is to increase the participation
of young lawyers in Section activities. The Section is committed to
investing dollars in young lawyers who are expected to participate actively
in the substantive work of the Section and to grow into future leadership
positions within the Section. The Program is designed not only to develop
future leaders of the Section but also to enhance the image of the Section
among members of the YLD in order to attract young lawyers into Section
membership. The Section will select five Fellows and will fund their
expenses to participate in Section activities for two years. Applications
are due July 7, 2007. For more information about the program, click here.
The goal of the Program is to increase the
participation of lawyers of color in Section activities. The Section is
committed to investing dollars in lawyers of color who are expected to
participate actively in the substantive work of the Section and to grow
into future leadership positions within the Section. The Program is
designed not only to develop future leaders of the Section but also to
enhance the image of the Section among members of the national minority bar
organizations in order to attract lawyers of color into Section membership.
The Section will select five Ambassadors and will fund their expenses to
participate in Section activities for two years. Applications are due July
7, 2007. For more information about the program, click here.
The Section is honored to announce that Justice
Breyer will be featured as the keynote speaker at this year's Section
Lunch, Friday, March 16 from 12:30 - 2:30 p.m. at the Renaissance Hotel
for "A Conversation with Justice Breyer." His comments, expounded upon in his book of
the same title, will urge judges to interpret legal provisions (of the
Constitution or of statutes) in light of the purpose of the text and how
well the consequences of ruling one way or another will fit those purposes.
His premise is considered a response to one laid out in 1997 by Justice
Antonin Scalia which emphasized adherence to the original meaning of the
text alone. Tickets are still available for this event and can be purchased
at the registration desk in Washington, DC beginning on Wednesday, March 14, from 3:00 - 6:00 p.m.
If You Are a First-Time Attendee or Law Student:
- Review the "Helpful Tips for First Time Attendees" on the Spring Meeting
Website.
- Attend the Business Card Diversity Networking Reception on Wednesday,
March 14, from 6:30 - 8:30 p.m.
- Be sure to attend the Welcome Reception on Thursday, March 15, from 5:30
- 7:30 p.m. It is one of the best ways to learn about the Section.
- Visit the Internet Cafe/Expo Area to check your e-mail and find out about
the Section's products and services.
- Do not hesitate to ask questions about how you can get involved in
committees or how to navigate the meeting. Look for Section leaders and
staff wearing special "Ask Me" buttons.
- Law Students, join us on Wednesday, March 14 from 5:00 - 6:30 p.m. for a
unique program, "Finding Gainful Legal Employment: Thinking Outside
the Box". Learn how to find unique legal employment opportunities.
This interactive program is for you whether you are searching for your
first job or trying to find a new position.
If You Are a Young Lawyer:
- Take advantage of the Institute for the Young Business Lawyer on
Thursday, March 15. The Institute will feature an activity-filled day of
timely and important "nuts and bolts" programming on such topics
as the ABC's of Unincorporated Entities, Contract Drafting, Negotiating and
Drafting Technology Licensing Agreements, Taking and Defending Depositions
in Complex Cases, Corporate Governance & Ethics, and Hot Topics in
Mergers & Acquisitions. There will also be a networking lunch, a
welcome reception, a leadership opportunity meeting, and a high-energy
evening event. All of these opportunities are offered to you in a one-day
package for the very low cost of $99 plus the cost of an optional dinner
ticket.
- Buy a ticket for the Young Lawyer Forum dinner! Join the Young Lawyer
Forum at District Chop House for a great opportunity to make new friends
and catch up with old ones. The dinner will be on Thursday, March 15 at
7:30 p.m.
- Be sure to drop by the Young Lawyer Forum Hospitality Suite, Wednesday
evening, March 14, from 9:00 - 11:00 p.m. and Friday evening, March
16, from 10:00 p.m. - 1:00 a.m.
- Attend the Young Lawyer Forum Meeting on Thursday, March 15, from 4:00
- 5:00 p.m. to get useful information about the Section and how you
can become involved.
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