eSource

June 2009 - Volume 7 - Number 8


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Past Issues


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Section Sponsored Events

Upcoming Meeting
ABA Annual Meeting
July 31-August 3, 2009
Chicago, IL



Save the Date

National Conference for the Minority Lawyer
September 23-25, 2009
Philadelphia, PA


Section Fall Meeting
November 20-21, 2009
Washington, DC



BLT Live
Food & Beverage Marketing: From Sparkling Wine and Cheese Wars to Regulatory Hang-Over After Prohibition
June 10, 2009 | 1:00 PM EST
Webcast/Teleconference
Multi-site



CLE Connection
The 23rd Annual National Institute on ERISA Basics
June 10-12, 2009
National Institute
Millennium Knickerbocker Hotel
Chicago, IL


The 11th Annual National Institute on the Banking Law Basics
June 15-17, 2009
National Institute
Hotel Nikko
San Francisco, CA


2nd National Conference on Employment of Lawyers with Disabilities
June 15-16, 2009
Marriott Wardman Park Hotel
Washington, DC


Renewable Energy: Legal Challenges and Solutions for the Green Enconomy
June 19, 2009
37th National Spring Conference on the Environment
Hyatt Regency Denver at Colorado Convention Center
Denver, CO


Start Smart: What Start-Ups Should Know (and How to Tell Them) About Choice of Entity, Owners' Agreements, and Funding
June 24, 2009 | 1:00-2:30 PM ET
Webcast/Teleconference
Multi-site


The 8th Annual Commercial Law Developments Update
July 16, 2009 | 1:00-2:30 PM ET
Webcast/Teleconference
Multi-site



For information on future programs, check out the
Section Meetings Calendar.
Calendar

For more information on upcoming Committee Meetings contact ruppr@staff.abanet.org.
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Message from the Chair, Karl J. Ege

Message from the Chair 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, Signature
Karl J. Ege
Chair, Business Law Section

Note from the Editor

eSource 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

1. The Anglo-American Indenture - Comparative Cross-Border Covenant Enforcement and Bond Defaults.
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.
Presented by the Committee on Trust Indentures and Indenture Trustees at the 2009 Section Spring Meeting.
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2. Banking in the Post-Emergency Economic Stabilization Act of 2008.
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.
Presented by the Committee on Banking Law at the 2009 Section Spring Meeting.
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3. Back to the Future II - What Lies Ahead for Asset Securitization and Structured Finance.
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.
Presented by the Committee on Securitization and Structured Finance at the 2009 Section Spring Meeting.
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4. Representing Nonprofit Organizations in Financial Distress.
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.
Presented by the Committee on Pro Bono at the 2009 Section Spring Meeting.
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5. What Every Lawyer Needs to Know About the Restatement (Third) of Restitution.
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.
Presented by the Committee on Uniform Commercial Code at the 2009 Section Spring Meeting.
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6. After the Crash - The SEC's Role in Our Brave New Financial World.
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.
Presented by the Committees on Federal Regulation of Securities and Corporate Counsel at the 2009 Section Spring Meeting.
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7. "You Can't Say That!" "Watch Me." Client Fraud and the Ethics Rules.
This program is devoted to the ethical obligations of business lawyers who confront known or suspected client fraud.
Presented by the Committee on Professional Responsibility at the 2009 Section Spring Meeting.
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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!

Section News

Outstanding 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:
  • Vanguard/Lifetime Achievement Award - Marion R. Fremont-Smith
  • Outstanding Lawyer Award - Seth I. Perlman
  • Outstanding In-House Counsel Award - Douglas S. Brown
  • Outstanding Academic Award - Stephen Schwarz
  • Outstanding Young Lawyer Award - Melissa C. Tai
Click here for more information on these awards and recipients.

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Free ABA Sponsored Teleconference Series Addressing Career and Practice Issues in the Current Economy.
How's the recession affecting you? Need some insight on navigating these troubled economic times? Listen in to the ABA Recession Recovery Teleconference Series, free for ABA members. These four teleconferences will feature expert faculty providing practical tips and strategies for succeeding in today's career climate. Programs will focus on marketing yourself, succeeding as a solo practitioner, adapting to the new legal environment, and stabilizing your outlook in an unstable world. Click here for more.


For more news and updates visit the Section's newsletter index.
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