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January 2009 - Volume 7 - Number 3 |
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Message from the Chair, Karl J. Ege
Last spring the leadership of the Section of Business Law adopted a
Strategic Plan that emphasized the need for the Section to remain relevant
to its members. A major goal of your Section's leadership is to focus on
improving relevance in new and innovative ways. We recognize that many of
our members are unable, for a variety of reasons, to attend our Section's
continuing education programs in person; nor are they able to participate
actively in the important work of our substantive committees. The current
economic crisis and its impact on our clients and the practice of law,
demand that we, your professional organization, find ways to meet your
needs in an efficient and cost effective manner. For the last several months the Section's talented staff has been experimenting with new technologies that will enable you, our members, to participate in committee meetings and continuing education programs using remote learning tools. I am pleased to report that the initial programs have been successful, and we are planning to increase our commitment to "remote learning" so that each of you may benefit from the extraordinary richness of intellectual product produced in our programs. For example, at the November 2008 Section Fall Meeting in Washington D.C. working on a trial basis with ALI-ABA, a joint venture of the American Law Institute and the American Bar Association, the Section broadcasted four programs using web-based technology tools. One program was a presentation by the ABA Presidential Task Force on Financial Markets Regulatory Reform on the recent financial meltdown; another program featured a dialogue with the SEC Director of Enforcement; a third, captioned "Bankruptcy for Breakfast", offered an update on bankruptcy issues; and a fourth focused on the sensitive topic of attorney-client privilege in the context of an SEC examination. A number of our members who could not attend the Fall Meeting were able to enjoy the benefit of these webcasts, demonstrating the value of distant learning tools to connect with and to maintain relevance for our members. Each broadcast remains available from ALI-ABA and may be accessed here. Based on the success at the Fall Meeting, the Section has expanded its collaboration with ALI-ABA to make distant learning a feature at each of its major meetings. Under our arrangement, ALI-ABA will produce and distribute web-based learning programs developed by the Section and its committees and the Section and ALI-ABA will share in the revenues generated from the modest "click charge" paid by those who purchase these services. The next live "webinar" will be broadcast from the Committee on Consumer Financial Services Winter Meeting in Scottsdale, Arizona, which will be held from January 10-13. On January 12, the Section will broadcast live from the meeting, a program captioned "New Directions in Consumer Financial Services: Housing Finance, Collection Practices, and Ethics." Section members who are unable to attend the meeting in Scottsdale can participate in this program. Click here for registration details. We are excited about the prospects for future webcasts and will be committing an increasing portion of our Section resources to reach out to all members with tools such as those provided by ALI-ABA. The Section remains committed to its global business initiative and has finalized arrangements for a second Global Business Law Forum, which this year will be held in Hong Kong from June 10-12, 2009. We are delighted that the Inter-Pacific Bar Association has agreed to co-sponsor the Hong Kong Forum. Representatives of the IPBA have been regularly involved in the planning of the programs, and we are confident that business lawyers from throughout the Pacific Rim will find the Hong Kong Forum to be an excellent opportunity to gain insight into the key legal issues facing clients in today's dynamic and challenging global business environment. The Web site is regularly updated and can be found here. Our Section 2009 Spring Meeting will be held in Vancouver, Canada from April 16-18 at the newly completed Vancouver Convention & Exhibition Center. This superb facility is capable of accommodating all of our meeting activities, and is adjacent to our three meeting hotels, the Fairmont Waterfront, the Pan Pacific, and the Marriott Pinnacle. In organizing the Vancouver meeting we have enjoyed the assistance of a Planning Committee of more than 40 Canadian and U.S. lawyers, chaired by the Honorable Roger Simmons of Vancouver. The Planning Committee has been instrumental in preparing for this first-ever Section Spring Meeting in Canada. I urge each of you to attend what will be a truly memorable meeting in Vancouver. Visit the Web site for full information. I have mentioned several times this year that it is my goal to enhance the Section's relevance to its members, particularly those of you who cannot participate in our programs and activities in person. I welcome your suggestions for enhancing relevance. Please feel free to contact me with your suggestions at kege@perkinscoie.com. We enter the New Year with economic uncertainty and a challenging business environment for our clients and our firms. Rest assured that your Section's leadership and our capable Section staff remain committed to bringing you, our valuable members, timely and relevant products and services.
Best wishes,
Karl J. Ege Chair, 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.
This program explores the intersection of insolvency and corporate law,
focusing on how to advise officers and directors as a Delaware company
approaches the zone of insolvency, including the fiduciary duties of
directors, and how to determine if the corporation is in the zone of
insolvency.
A panel of judges, litigators and business lawyers discuss how to draft
documents to better insure that they are interpreted in the manner you
intend them to be.
The U.S. Securities & Exchange Commission recently issued new guidance on
the use of company websites under the Securities Exchange Act of 1934 and
the antifraud provisions of the federal securities laws. This program
addresses how companies can implement this guidance to improve their
communications with investors while complying with Regulation FD and other
rules.
Changes to the participant disclosure rules may require mutual funds, bank
collective funds and insurance companies to change the way in which they
report fees to 401(k) plan participants. In addition, beginning in 2009,
service providers to ERISA-covered plans will be required to provide
additional information about their direct and indirect fee arrangements.
The U.S. Securities & Exchange Commission has announced its long-awaited
"roadmap" for adoption of International Financial Reporting
Standards by U.S. reporting companies. The panel discusses the SEC's
proposed timetable and milestones for conversion to IFRS and how lawyers
and companies should plan for the conversion.
This program explores in significant depth the many issues in enforcing
security interests in partnership interests and other membership entities,
including discussion of the effect of non-uniform approaches to the
assignability of such interests.
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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