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December 2008 - Volume 7 - Number 2 |
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Message from the Chair, Karl J. Ege
During the first week in December, we received official acknowledgement what
many of us have known for some time - the American economy is in a moderate
recession with no signs of an immediate turnaround in economic fortunes. At
the American Bar Association Section of Business Law, we remain committed to
addressing the legal issues currently facing our members and their clients
and notwithstanding the economic slowdown, we are pleased by the sustained
interest we have seen in our program offerings from you, our Section
members. During the last two months several of the Section's substantive
committees, including the Committees on
Commercial Finance,
LLCs, Partnerships and Unincorporated Entities,
Corporate Laws,
Mergers & Acquisitions,
Banking Law
and
Business Bankruptcy,
have held their traditional fall meeting, in each
case focusing on the challenges presented by the current financial crisis
and resultant economic downturn. At each meeting, attendance exceeded what was
experienced in prior years, and the programs presented received favorable
reviews. At our Section Fall Meeting in Washington DC, twelve of the Section's committees sponsored programs. Once again the focus was on the legal and business issues arising from the current economic crisis. More than 400 Section members attended the Section Fall Meeting, again demonstrating the increased interest of our members in receiving timely and relevant information that will assist them in their day-to-day legal practice. The highlight of the Fall Meeting was a standing room-only presentation by the ABA Presidential Task Force on Financial Markets Regulatory Reform, captioned "Meltdown! Perspectives on the Future of Financial Services Regulatory Reform". That program was videotaped and is available for viewing through ALI-ABA by clicking here. Other programs at the Fall Meeting covered topics such as hedge fund valuation and liquidity issues, recent bankruptcy developments, bondholder rights, executive compensation and employee benefit issues, best practices in proxy disclosure, SEC website guidance, shareholder proposals, and a frank dialogue with the Staff of the SEC Division of Enforcement. There was something of value at the Fall Meeting for every business lawyer. I encourage each of you to consider attending next year for what has become an important part of the Section's offering to its members. We enter this usually festive time of the year facing economic headwinds and significant challenges to our profession. Nonetheless, in the months ahead the Section's leadership and our able Section staff will continue to do our best to bring our members with timely products and services designed to help you deliver quality legal services to your business clients. I extend to each and every one of you my personal best wishes for the Holiday Season; and may each of you have a joyous and prosperous 2009.
Karl J. Ege Chair, ABA Section of Business Law |
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Practice PointsNote from the EditoreSource is interested in practice pointers that you want to share with the members of the Section of Business Law, and so we are expanding the scope of this section of eSource to include member submitted practice pointers. These member submitted practice pointers will be in addition to featuring interesting and timely programs and materials produced by the Committees of the Section of Business Law. Please send your submissions to the eSource editor via email. · · · · ·
All submissions must be through email and must include the author's full contact
information and affiliations. The eSource editor has sole discretion regarding the
decision to publish any member submitted practice pointer. Authors of selected
submissions must sign the ABA's standard copyright release prior to publication.
Laurence Hazell of Standard & Poor's discusses Standard & Poor's Ratings Services revised
approach to its ratings analysis of non-financial corporations to include a review of
enterprise risk management (ERM). S&P expects ERM evaluation to improve the breadth and the
consistency of its review of a company's management, which is a highly qualitative exercise.
The real and perceived causes of the sudden collapse of markets around the
globe and the ensuing economic crisis are already giving rise to sweeping
regulatory change. A panel of experts representing the ABA Presidential Task
Force on Financial Markets Regulatory Reform
reviews the causes and the suggested and potential regulatory reforms that
are needed to address them.
Click here to order the video of this program with CLE credit.
Print Materials | E-mail to a Colleague
This program addresses current developments relating to the attorney-client
privilege in the content of SEC examinations of investment advisers,
investment companies and broker-dealers.
Click here to order the video of this program with CLE credit.
Print Materials | E-mail to a Colleague
This program is a panel discussion in a Q and A format (including
responding to questions from the audience), in which they discuss recent
significant cases, current priorities and significant policy developments.
Click here to order the video of this program with CLE credit.
Print Materials | E-mail to a Colleague
When a major corporate transaction has an impact on bondholders, those
bondholders can have significant influence on the closing of the
transaction and sometimes on its structure. Last year's acquisition by
Blackstone of Equity Office Properties was one example. This year's
privatization of BCE was another example. This program is a discussion by
the partners involved in the deals on these issues, strategies and
governance issues behind these two contentious transactions.
This program discusses the last minute steps that companies and their
advisors should be taking to insure full compliance with the new rules on
nonqualified deferred compensation plans by the deadline. The panelists
provide end of year planning tips as well as commentary regarding income
inclusion and reporting and withholding obligations.
Ethics CornerEthics Corner: Negotiation Ethics - Part II.
You may not lie in negotiations - a securities law application.
Committee SpotlightTo learn more about or join the committees that contributed to this month's practice points, just click on the committee name below.Section NewsThe Section is Now Accepting Nominations for the Jean Allard Glass Cutter Award.
The Section's Committee on Diversity is seeking nominations for its 17th Annual Jean Allard Glass Cutter
Award. The Award will be presented during the Section Luncheon at the
Spring Meeting
in Vancouver, April 16-18, 2009. The Jean Allard Glass Cutter Award
is presented to an exceptional woman business lawyer who has made significant contributions both to the profession
and to the Section of Business Law. The Award is named for Jean Allard, the first woman to chair the Section.
For more information and to submit a nomination, please
click here.
The Section is Now Accepting Nominations for the 2009 National Public Service Award.
The Section's Committee on Pro Bono is seeking nominations for its 2009 National Public Service Award.
The Award will be presented during the Section Luncheon at the Spring Meeting in Vancouver, April 16-18, 2009.
The Award recognizes significant pro bono legal services which demonstrate a commitment to providing
services to the poor in a business context. Two National Public Service Awards will be presented: one
recognizing the pro bono contributions of an individual, and one recognizing the pro bono contributions of a
law firm or corporate law department. Nominations are due no later than Friday, January 16, 2009. For more
information about the National Public Service Award and the nomination process, please visit the
Committee on Pro Bono Web site or contact Allyn M. O'Connor at
oconnora@staff.abanet.org.
The Section is Now Accepting Entries for the Annual Mendes Hershman Student Writing Contest.
This writing contest was created to encourage and reward law student writings on a business law subject of
general and current interest. Annually, 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.
Deadline: January 9...Read more The Section is Now Accepting Applications for the Diversity Clerkship Program.
Designed to expose participants to essential business practices, this program provides up to nine
summer business law internship placements in Philadelphia, PA, or Wilmington, DE,
to qualified first- or second-year law students. The Section will give special consideration to
individuals who have overcome social or economic disadvantages such as physical disability, financial
constraints, or cultural impediments in becoming a law student.
Deadline: January 30...Read More. |
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