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June 2009 - Volume 7 - Number 8 |
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Message from the Chair, Karl J. Ege
It's the first week of June, and General Motors has filed for reorganization in
one of the the largest ever corporate bankruptcies, yet the financial markets have taken
that in stride and appear to have stabilized. Nonetheless the economy has
yet to send signals that the worst of our business challenges is over. For
those of us counseling businesses, this has been a very challenging year.
Not only have our clients been dramatically affected by the global
financial crisis, our practices have also changed dramatically: from one
focused on financing and acquiring for growth to one focused on
restructuring and retrenchment. Throughout this dynamic and unprecedented
period, the Business Law Section has endeavored to remain relevant as our
practices have changed to adapt to our client's new demands. The programs at the Section Spring Meeting in Vancouver, seven of which are featured in this issue, were, by and large, focused on the challenges arising from the financial crisis and subsequent economic decline, with particular emphasis on the cross-border aspects of financings, restructurings, bankruptcies, business litigation, and acquisitions. From all reports, the 1400 Section members who gathered in Vancouver were pleased by the scope and depth of the programs and have called for more. And more we will provide, this time from Friday, July 31st through Monday, August 3rd at the ABA Annual Meeting in Chicago. The Section will be sponsoring 48 continuing legal education programs at the ABA Annual Meeting, with the emphasis remaining on the economic crisis and the challenges the current business environment has created for our clients. In addition to formal CLE programs, most of our committees are planning meetings in Chicago to facilitate their continuing substantive work. For a review of the planned program offerings and committee schedules for the Chicago Annual Meeting, please click here. The Section headquarters at the Annual Meeting and the venue for all of our CLE programs and committee meetings will be the Sheraton Chicago Hotel & Towers, across the Chicago River and only a few blocks from the Hyatt Regency Chicago, the ABA Headquarters Hotel. I hope as many of our members as possible will be able to attend this very important Annual Meeting. The ABA Business Law Section has a continuing commitment to the business law sections or committees of state and local bar associations. As part of that commitment, each year the Section hosts the leadership of state and local business bar groups to a one-day program in Chicago where the Section shares with these business bar leaders best practices in bar management and topical CLE programs particularly relevant to business bar leaders. We were delighted that more than 50 business bar leaders from 37 separate jurisdictions attended this year's Business Bar Leaders Conference. This was the best attendance ever at this annual Conference, further demonstrating the timeliness and relevance of the Section and its product and service offerings. I would like to take this opportunity to thank the Section's State and Local Bar Committee, ably chaired by Roland Brandel (Morrison & Foerster) for their efforts in making this year's Business Bar Leaders Conference an unqualified success. As pleased as we were with the outpouring of support at the Spring Meeting and the Business Bar Leaders Conference, the year has not been without its disappointments. After considerable discussion and analysis, the Section's officers decided to postpone this year's Global Business Law Forum which was scheduled to be held June 10-12 in Hong Kong to a date to be determined in early 2010. In light of the continuing challenges facing many of our members and their companies or firms as a consequence of the global financial crisis, registrations were significantly fewer than needed for a viable program. The Section remains committed to this event and to addressing the vital role that Asia plays in the global economy and the practice of business law. The Forum Planning Committee, program chairs and speakers remain committed to delivering the outstanding programs they have developed for this year's Global Business Law Forum, updated of course to address future developments. We regret that the current economic conditions and concerns over a possible pandemic virus have brought about this postponement, but as noted above, we remain committed to expanding our product and service offerings to Asia and look forward to sponsoring a vibrant and effective Global Business Law Forum in Hong Kong in the near future. Please watch the program website and your e-mail for updates. As a final note, I encourage each of you to contact me at kege@perkinscoie.com with suggestions as to how we can continue to make the Business Law Section more relevant to your and your client's needs.
Best wishes,
Karl J. Ege Chair, Business Law Section |
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Note from the EditoreSource is interested in practice pointers that you want to share with the members of the Business Law Section, 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 Business Law Section. 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.
Practice Points
This program explores the international boom in bond defaults, following
several years of increasingly aggressive investor-issuer actions. This
program examined the comparative U.S./Canada/U.K. experience and law in
actual and alleged bond defaults (often cross-border), with an emphasis on
cutting-edge cases such as BCE in Canada.
This program discusses the various government programs available under the
Emergency Economic Stabilization Act of 2008, rulemakings and guidance that
promulgate the programs and reporting requirements as well as practical
considerations for financial institution professionals.
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Despite the turmoil in the credit and capital markets, U.S. government and
industry officials alike believe that securitization remains a vital
financing tool for residential and commercial mortgage loans and other
financial assets. Securitization experts discuss, among other things, (1)
recent legislative and regulatory changes affecting the industry, (2)
issues of importance to trustees and other transaction parties that need to
be addressed and (3) the current status of the securitization market and
what the future holds.
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Lawyers representing nonprofit organizations today should be prepared to
work with clients considering bankruptcy or dissolution. Topics discussed
include approaches to insolvency and bankruptcy, as well as ethical
considerations that surface when counseling nonprofit organizations in
financial distress.
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The Restatement (Third) of Restitution and Unjust Enrichment seeks to
harmonize centuries of jurisprudence. In the process, it identifies
numerous principles that supplement and may even diverge from codified
rules. This program focused on those principles that are likely to be most
important or surprising to commercial law attorneys.
This panel discussion among prominent former SEC officials focuses on the
future of federal securities regulation. The panel explores potential
changes to the regulatory system, including establishment of a systemic
risk regulator, filling interstices the regulatory system, the
consolidation of regulatory bodies and changes to the SEC enforcement
program.
This program is devoted to the ethical obligations of business lawyers who
confront known or suspected client fraud.
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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 NewsOutstanding Nonprofit Lawyer Award Recipients Announced for 2009.
The Nonprofit Organizations Committee announced five accomplished and civic-minded lawyers
as recipients of its annual Outstanding Nonprofit Lawyer Awards for 2009.
The 2009 recipients are:
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