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The following excerpt is taken from Securities Enforcement Manual, Second Edition by Kirkpatrick & Lockhart Preston Gates Ellis LLP, Copyright 2007 by ABA Section 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, Charles E. McCallum
Last month I spent some time in Toronto meeting with the firm management
and business practice leadership of several large law firms, and hosting a
reception for the more than fifteen Section leaders from Toronto, including
two Committee Chairs. I told these firms that we were grateful for their
active participation in the Section.
Every one of the firms I met with indicated that it intended to continue
and expand their Section participation. Within a week of those meetings I
had received two messages from lawyers I met in Toronto suggesting new
Section initiatives.
You may wonder what these Canadian lawyers (there are 510 of them in our
Section) know that the rest of us should know. They answered that question.
They view their participation in the Section as good for their practices.
They value the networking and development of personal relationships at our
meetings as well as our projects, programs, and publications.
As we move into a busy year, this is a good time for those Section members
who have been less active to think about becoming more active. We have
great meetings planned in 2008: the Spring Meeting in Dallas, April 10-12;
a new Global Business Law Meeting in Frankfurt, Germany, May 28-30; and the
Annual Meeting in New York City, August 8-11. During the year many
Committees will be having stand-alone meetings as well. Please join us as
we work on improving the law, enhancing the administration of justice,
improving the profession . . . and meeting and working with a lot of
wonderful people!
My best wishes to all of you for a joyous holiday season and a happy and
prosperous New Year.
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Charles E. McCallum
Chair, Section of Business Law
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This panel explored current enforcement topics with members of the
Securities and Exchange Commission Staff. The materials are a compendium
of recent enforcement actions.
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Presented at the Section Fall Meeting, November 2007.
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Governance issues have become an increasingly important factor in global
business transactions. This session discussed the emerging corporate
governance issues in a number of jurisdictions.
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Presented at the Section Fall Meeting, November 2007.
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This program summarized the year's headlines and highlights in bankruptcy
litigation.
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Presented at the Section Fall Meeting, November 2007.
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The panel for this program discussed how to encourage more women to serve
on boards and strategies to help lead women to board service opportunities.
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The UCC Committee Forum explored the importance of international legal
conventions and statutory law in cross-border sales of goods.
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Non-banks have become increasingly important players in the U.S. payments
system. While their involvement has provided several important new products
and methodologies, it has also brought with it increased risks and
regulatory concerns.
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The Committee's Fall Newsletter includes an update on negative assurance, a
report on FAS 5 developments, a case law update and information about the
Working Group on Legal Opinions.
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Do not think that you can easily cap your liability to a client in a really big transaction.
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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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In recent years, many areas of the legal profession have made pursuing
diversity a priority objective. Business law presents many distinct
diversity challenges, as law students are often unfamiliar with the field
and perceive it as conservative and unaccepting. This realization is
troubling, particularly for the ABA Section of
Business Law because its mission is: to encourage diversity in the
Section by fostering a welcoming environment for all lawyers and promoting
full and equal participation by all lawyers, including lawyers of color,
women lawyers, gay and lesbian lawyers, and lawyers with disabilities
("Diverse Lawyers"). To help address this problem, the
Section of Business Law has created a summer program providing business law
internship placements for qualified diversity candidates who are first or
second year law students and are otherwise excluded from the process, and
at the same time providing support... Read
more.
This writing contest was created
to encourage and reward law student writings on a business law subject
of general and current interest. Annually (January 4 submission deadline),
each ABA-accredited law school, acting through its dean, is asked
to nominate a paper considering aspects of business law by a student
enrolled in the law school. The papers will be judged on research
and analysis, choice of topic, writing style, originality, and contribution
to the literature available on the topic.
Papers are judged on quality
of research and analysis, choice of topic, writing style, originality,
and contribution to the literature available on the subject.
Read more.
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