Business Law Section
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"How To" Webinar Series
The Business Law Section is pleased to present its "How To" Webinar Series for 2015-2016. All programs are held on Thursday at lunchtime, and offer participatory MCLE credit. Business Law Section members should watch their email for a discount code for the series!
- Thursday, December 3, 2015: How the Automatic Stay Can Disrupt, if Not Destroy, Your Litigation Strategy: What Every Litigator Needs to Know About the Scope of the Automatic Stay [1 hour participatory MCLE credit and 1 hour legal specialization credit in Bankruptcy Law]
Many litigators will face the question of how best to proceed when a party in active litigation files for bankruptcy protection during the pendency of a suit. To effectively counsel their clients, attorneys should understand the scope of the automatic stay codified in Bankruptcy Code section 362(a), as well as how the filing of a bankruptcy case can affect ongoing litigation, and how litigants can use the automatic stay as either a shield or a sword. In this practice-oriented program, the faculty will discuss the general rules governing the applicability of the automatic stay, the standards for obtaining relief from the automatic stay, and what remedies may be available if a party violates it. The faculty will also address such questions as: Can the debtor choose to waive the stay and continue to litigate? Does the automatic stay apply to counterclaims asserted by the debtor? Can the plaintiff continue litigation if an insurer is defending the debtor? Does the state court have jurisdiction to determine whether the automatic stay applies? Speakers Monique Jewett-Brewster and David Shemano.
- Thursday, December 10, 2015: How To: Staying Enforcement of Judgments Using Appeal Bonds and Other Techniques [1 hour participatory MCLE credit]
This webinar will present an overview of the basic rules for enforcement of judgments when entered, and for staying enforcement pending post-trial motions and an appeal from the judgment. The webinar will be useful for defense trial litigators, appellate litigators, and insurance counsel, who are frequently involved in posting bonds and otherwise staying enforcement while they try to have judgments reversed. Topics will include: what types of awards are stayed without a bond; what are the pros and cons of seeking or agreeing to a waiver of or court relief from the bonding requirement; how is a temporary stay obtained during post-trial motion proceedings; how to determine and challenge the sufficiency of a bond; how to deal with bond brokers and sureties; what alternatives are available in lieu of an appeal bond from an admitted surety insurer, and; what is the post-appeal status of an appeal bond and deposit in lieu of bond. Speakers Steven Fleischman and Mark Kressel. David Axelrad, Moderator.
- Thursday, December 17, 2015: How To: The Ins and Outs of Discovery in Bankruptcy [1 hour participatory MCLE credit and 1 hour legal specialization credit in Bankrupcy Law]
Discovery in the context of a bankruptcy case includes many of the same tools and procedures used in non-bankruptcy federal and state court litigation. However, while incorporating many provisions from the Federal Rules of Civil Procedure, discovery in bankruptcy cases diverges from non-bankruptcy proceedings in a number of unique respects. Even before litigation commences in a bankruptcy case, creditors and other parties in interest have the opportunity to obtain information about the debtor, its assets and liabilities, through a meeting of creditors (convened under 11 U.S.C. section 341(a)) or rule 2004 examinations, convened under Federal Rule of Bankruptcy Procedure 2004. This webinar will address the advantages and disadvantages of utilizing these examinations, as well as the procedures governing Section 341(a) and rule 2004. This webinar will further address the differences between a contested matter and an adversary proceeding, when each procedure applies, and what discovery rules govern each of these procedures. It will focus on what a practitioner should know about serving and responding to various discovery demands (written requests and oral examinations), handling disputes, and how to obtain rulings from the bankruptcy court when the parties are unable to resolve their disputes over discovery matters. Speakers Jonathan S. Dabbieri and Uzzi Raanan.
- Thursday, January 7, 2016: How to Assert/Defend Claims of Employer-Employee Liability in Franchise Relationships [1 hour participatory MCLE credit and 1 hour legal specialization credit in Franchise and Distribution Law]
The presentation will explore strategies to assert and defend claims of employer-employee liability arising out of franchise relationships, including both transactional planning and litigation strategies for franchisors and franchisees. The program will also discuss the National Labor Relations Board (NLRB) case against McDonalds and the recent NLRB decision in the Browning-Ferris case and its possible impact on the franchise industry. Speakers Heather Guerena and Chuck Miller. Gerard Davey, Moderator.
- Thursday, January 14, 2016: How To: Notice, Take and Defend Entity (aka "PMK") Depositions [1 hour participatory MCLE credit]
So you're involved in litigation that includes a corporate entity. You send out a standard "PMK" deposition notice your firm has been using for years, and it turns out that the deponent doesn't really admit to knowing much. What a waste of time and money. This webinar discusses how to take entity depositions effectively and efficiently, and ensures that the other side will have to play fair and answer your legitimate questions. We will review the mechanics of the deposition, how to word the document requests, and what questions to ask during the deposition to tee up a winning motion to compel if your opponent tries to play games. On the other side, we will discuss what your duties are when representing a corporation whose entity deposition has been noticed. And finally, we will discuss when it is okay to call an entity deposition a "PMK" deposition (hint: not as often as you might think!). Speakers William Webb. Moderators Peter Bronson and Steven Garcia.
- Thursday, January 21, 2016: How to Get a Workable Contract to Signature Sooner [1 hour participatory MCLE credit]
The panel will examine common drafting scenarios that lead to delays and misunderstandings between friendly parties. The panel will also examine ways to address these issues after the agreement is already in place—how do you keep friendly parties friendly? Ultimately, the presentation will be a cross between a quick review of key contracting basics and a master class of pro tips. Attendees will consider various "canary-in-the-coal-mine" clauses to help identify potential trouble spots, as well as creative ways of getting a draft contract through legal review more quickly. Speakers John Stoner, James Snyder and D.C. Toedt.
The Nonprofit Organizations Committee Publishes Its Substantive E-Bulletin Update on the New California Law Streamlining Dissolution for Inactive Nonprofit Corporations
This month, the Nonprofit Organizations Committee published an informative BLS E-Bulletin outlining the new streamlined administrative dissolution process for inactive nonprofit corporations. AB 557, effective January 1, 2016, creates a streamlined administrative dissolution process for nonprofits in three different ways. To read more, CLICK HERE.
The Corporations Committee Announces the 2015 Institute for Corporate Counsel Event -- Where Law, Business and Politics Intersect
On Wednesday, December 2, join U.S. Attorney Eileen Decker (C.D. Cal.), as well as the NLRB's Harry Johnson, California Supreme Court Justice Goodwin Liu, California Court of Appeal Justice Elwood Lui, the TCW Group's Chairman Marc Stern and many others at the 2015 Institute for Corporate Counsel at The California Club in downtown Los Angeles (made available courtesy of Club member Edward Garlock). To read more, CLICK HERE.
Save the Date: the Insurance Law Committee to Present December 10th "How To" Webinar on Strategies to Stay Enforcement of Judgments
On Tuesday, December 10, the Insurance Law Committee will present its "How To" webinar, "Staying Enforcement of Judgments Using Appeal Bonds and Other Techniques." This webinar will present an overview of the basic rules for enforcement of judgments when entered, and for staying enforcement pending post-trial motions and an appeal from the judgment. To read more, CLICK HERE.
The Agribusiness Committee Holds Its (Very) Popular Annual Wine Tour in Lodi
The Agribusiness Committee held its annual Wine Tour on Friday, November 13. Attendees gathered in downtown Lodi for a private wine tasting and cheese pairing at Jeremy Wine Company, where owner Jeremy Trettevick discussed grape varietals and wine label design. To read more, CLICK HERE.
A Legislative Proposal by the Corporations Committee Becomes Law
On October 10, Governor Brown signed into law a bill that will create a statutory exemption for “finders” from the California securities broker-dealer registration requirement. The bill, AB 667, stems from a 2012 legislative proposal initiated by the Corporations Committee in an effort to address the lack of clear guidance for using finders in California securities transactions. Among other things, AB 667 will ... READ MORE
The Cyberspace Law Committee Hosts Its Successful Privacy & Data Breach Symposium
On October 28, the Cyberspace Law Committee continued its educational programming mission and conducted a successful privacy and data breach symposium at UCLA School of Law, in conjunction with the Lowell Milken Institute for Business Law and Policy. READ MORE.
Get Involved with the Business Law News
A subscription to the Business Law News (BLN) has often been calledthe most significant membership benefit of the BLS. Published quarterly, BLN reaches the entire section, over 8,800 members. Publishing in BLN is a terrific opportunity, both to influence the discourse in the areas in which you practice and to market yourself and your practice.
Now is your chance to participate! BLN is actively seeking submissions for its Issue 2, 2016, an insolvency themed issue, on topics related to bankruptcy, insolvency, debtor-creditor relationships, enforcing judgments, and commercial litigation. The deadline is March 30, 2016. READ MORE
Are You Interested in a Specialty Area of Business Law? Join a Constituency List to Receive Regular E-Bulletins in Your Area of Interest
The 15 BLS Standing Committees publish e-Bulletins announcing developments in their area of law and upcoming events open to BLS members. As a BLS member, you can sign up to receive these e-Bulletins from any BLS Standing Committee. If you are a BLS member already then please click HERE, log in, and follow the instructions to update your contact information and receive electronic communications from one or more BLS Standing Committees.
Follow the BLS on Social Media and Contribute
Did you know that the Business Law Section maintains a presence on LinkedIn, Twitter and Facebook where it posts regular updates about new cases, new regulations, key legislative developments, and news and events from the BLS’s Standing Committees? What you may not know is that you can not only send items to the BLS to post or tweet, but also suggest items from your own social media pages for the BLS to re-post, re-tweet, or like. Doing so expands the reach of what you have to say to everyone who likes or follows the BLS on its various social media platforms, and may result in the BLS following you! Please submit your suggested items for consideration or direct any questions to BLS Social Media Subcommittee Chair, Sarah DeDiego; BLS Vice-Chair of Member Services, James P. Hill; or BLS Chair, Rob Harris, and join the ever expanding discussion!
Join a Standing Committee
Standing Committees continue to accept applications to fill vacant seats. Practitioners and other legal professionals who are members of the BLS and who have at least five years of experience are eligible to apply. Membership on a committee affords unique opportunities to participate in the creation of law in your practice area, to get to know and be known by other practitioners, to work with the recognized leaders in your field, and to stay on the cutting edge of developments and practice techniques. Membership is a rewarding experience that keeps one ahead of, and in touch with, business law developments. Most committees meet once a month, often by phone; a full list of the Standing Committee Meeting dates for December are listed HERE. A description of the required commitment and application process, along with a link to the application, can be HERE.
Attend a Standing Committee Meeting and Participate in Your BLS
You are invited to attend a regular monthly meeting of one of the BLS’s fifteen Standing Committees. These monthly meetings provide attendees an excellent opportunity to chat with committee members and other lawyers with a similar expertise. Some committees even offer free MCLE credit! Please see the contact person listed below to RSVP or request more information. Follow us on Twitter @calbarbuslaw. Use a Standing Committee hashtag to search for tweets by that committee in its designated field and to re-tweet.
Business Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639