Business Law Section

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State Bar of California Annual Meeting

My Annual MeetingThe State Bar of California 88th Annual Meeting
October 8-11, 2015
Anaheim, California

The State Bar of California returns to sunny Anaheim for the 2015 Annual Meeting. The Annual Meeting is a multiday showcase of continuing legal education courses, celebrity speakers, and noted legal scholars. Each day gives you several choices of courses and special events.

The Annual Meeting registration fee is structured to make it more affordable to attend. You can select either a Full Meeting Pass or a 2-Day Pass. Special fees are available for Young Lawyers and New Admittees. September 14 is the deadline for the lowest fee.

The Business Law Section Breakfast on Saturday morning, October 10. This year the Breakfast’s keynote speaker is Juval Aviv, a noted writer and speaker on counter terrorism and nation-state cyber-attacks. Mr. Aviv's work and comments have been featured in major magazines and newspapers worldwide, and the title of his discussion is "Cybersecurity Challenges and Issues for Business Lawyers and Their Clients." The BLS will also award its Lifetime Achievement Award to longtime BLS contributor Morris Hirsch during the event.

More than 100 programs are planned for the Annual Meeting, including these from the Business Law Section:

Program 3

Ethical Issues and Pitfalls for Non-Profit Boards and their Advisors

Program 14

Basic Legal Skills Necessary for Advising Clients Doing Business Online

Program 15

Recent Developments in Federal and California Securities Laws

Program 25

When Deals Go Bad: Drafting Contracts with Litigation in Mind

Program 36

Bankruptcy Appellate Practice

Program 37

Debt Collection In The Age Of Technology And The CFPB

Program 47

Practical Tips for Negotiating Commercial Leases for Franchise Locations

Program 81

Ninth Circuit & Supreme Court Bankruptcy Year in Review

For more information, see The State Bar of California Annual Meeting.

SB 351 Passed with Co-Sponsorship by the Nonprofit Organizations and the Corporations Committees.

SB 351, co-sponsored by the Nonprofit Organizations Committee and the Corporations Committee, has been signed by Governor Brown and will become effective January 1, 2016. The bill amends the Corporations Code to permit a wider range of titles for both for-profit and not-for-profit corporation officers and provide for authorization to act during emergencies for consumer cooperative corporations. You can read the chaptered bill filed with the Secretary of State by clicking HERE. Congratulations to the Nonprofit Organizations and Corporations Committees for co-sponsoring and helping get this important bill passed.

Class Is Now in Session: State Bar MCLE Classes Are Available on Demand.

The BLS maintains a catalog of over 109 MCLE classes, of which 25 can be downloaded to your MP3 player and listened to at any time. Instead of being drowned in airport music while enduring flight delays, you can be getting valuable MCLE credit and increasing your skills. Our "How To" Series in Ethics for In-House Counsel costs just $35 and can be downloaded HERE.

The catalog is also searchable by topic area. Other classes in which you might be interested include:

Cyberspace Law Committee Is Looking for a Few Good Members.

The Cyberspace Law Committee (CLC) will have a few vacancies for terms starting October 2015. CLC membership provides opportunities to speak at monthly MCLE seminars and other events, be published through E-Bulletins and the Business Law News, work on legislation and be part of other exciting developments in internet and technology law. If you’re interested in joining please contact the committee co-chairs Raffi Zeronian and Karl Kronenberger.

BLS Attorney Spotlight: 2014-2015 Business Law Section Chair, Robert Hawn.

Bob HawnEvery month, the BLS E-News recognizes one attorney from the BLS whose accomplishments stand out and this month we are recognizing the outstanding contribution to the BLS by its current Chair, Bob Hawn. Since taking the helm of the BLS in September 2014 Bob has deftly navigated the sometimes murky waters of managing budgets, sub-committees, and planning events and has set the BLS on a course towards further growth and expansion.

Bob started volunteering with the BLS when he joined the Cyberspace Law Committee, which he later chaired. In addition to his work for the BLS, Bob was appointed by State Bar President Craig Holden to the State Bar's Mentoring Task Force, helping to leverage the former joint BLS and California Young Lawyers Association mentoring program toward a state-wide effort.

Outside of his BLS responsibilities Bob is a partner with Strategy Law, LLP in San Jose. His practice focuses predominantly on working with emerging technology companies throughout their life cycle, including initial start-up formation and capitalization, angel and venture funding, technology development, distribution and transfer, and mergers and acquisitions. In addition, he counsels multinational companies in their U.S. market entry activities.

Bob maintains an active publishing and speaking schedule. He has published articles ranging from agreements concerning the Software as a Service, or SaaS, industry to recent high technology legislation. Bob even published a law review article in his law school's journal on renegotiating international debt in 1984! He has presented seminars ranging from technology and internet related legal concerns, to California's B corporations. You can hear Bob speak at the State Bar Annual Meeting on October 8, 2015 on "Basic Legal Skills Necessary for Advising Clients Doing Business Online".

Outside his practice Bob's interests illustrate his love of the outdoors and music. An avid skier, mountain biker and jazz pianist, he has performed at various local venues and the San Jose Jazz Festival and remains devoted to his Silicon Valley community, his wife, and daughter.

Bob believes the State Bar has provided an extraordinary platform to enable him to develop and improve his skills and service to clients, while providing a wonderful platform to share his knowledge with others. He strongly urges all lawyers in California to take advantage of the opportunites active membership in the BLS provides.

Agribusiness Committee Co-Sponsors Northern California Conference.

On June 25, 2015, the State Bar's Agribusiness Committee teamed up with the American Agricultural Law Association to present a well-balanced program addressing Emerging Topics in Agricultural Law. The program covered a broad range of areas including recently implemented laws focused on animal care, issues relating to data collection and data sources arising from an increase in high tech in the agricultural sector, and land-use and water issues. An overview of important topics in professional responsibility concluded the program. Leading agricultural law practitioners from California and in other states provided dynamic presentations to over 50 attendees. A mid-day visit from Karen Ross, California's Secretary of Agriculture, revealed the challenges and opportunities faced by the Administration, reinforcing the importance of the topic areas addressed by the program speakers.

With the program set in the Heidrick Ag History Center in Woodland, California, attendees also had the opportunity to admire rare examples of farm equipment and artifacts that tell the California agricultural story.

Leading Business Law Practice Publications on Sale Now.

You probably know that members of the BLS create extraordinary practice guides to assist you in your daily work for clients. One long-time publication, the Handbook for Incorporating a Business in California, is an essential source book for those clients that want to take advantage of the expanding economy and start their own business. Some practitioners even provide the book as a client gift! It is easily available for a mere $55 for BLS members by going to the State Bar website HERE.

Other great publications also available are as follows:

  • ABC (Assignment for the Benefit of Creditors) Desk Guide
  • Agricultural Law Sourcebook (68 business law contracts)
  • Guide to Organizing and Operating a Limited Liability Company in California
  • Handbook for Incorporating a Business in California
  • Uniform Commercial Code Committee 2005 Report

The BLS also offers several helpful reports from the Opinions Committee:

  • Report on Third-Party Remedies Opinions (2007 Edition)
  • Corporations Committee 2007 Opinions Report
  • California Opinions Report 2002

Prices for materials range from $35 - $85 for BLS members. Click HERE to purchase yours today!

Get Your Tickets Now for the BLS Breakfast at the State Bar Annual Meeting and Hear A Fascinating Update on Cybersecurity.

If you have never attended a State Bar Annual Meeting, then please mark your calendars for this year’s Annual Meeting to be held October 8-11, 2015, in Anaheim, California, and especially the Business Law Section Breakfast on Saturday morning, October 10. This year the Breakfast’s keynote speaker is Juval Aviv, a noted writer and speaker on counter terrorism and nation-state cyber-attacks. Mr. Aviv's work and comments have been featured in major magazines and newspapers worldwide, and the title of his discussion is "Cybersecurity Challenges and Issues for Business Lawyers and Their Clients." The BLS will also award its Lifetime Achievement Award to longtime BLS contributor Morris Hirsch during the event.

Check Your Mailbox for the Dedicated Health Care Issue of the Business Law News.

The BLS's Health Law Committee completed an enormous undertaking by contributing six outstanding articles for the Business Law News health care themed issue which arrived in your mailboxes earlier this month. Articles covered general topics like "Health Law Basics for Business Lawyers" to the complicated "Using Statistics to Determine Whether Causation is Adequately Proven in Medical Malpractice Actions Involving Multiple Events Preceding the Injury". A big thanks to authors: Amy Joseph, Ben Durie, Craig B. Garner, David D. Johnson, H. Thomas Watson, Leeann Habte, Peder K. Batalden, Rick Rifenbark, and Sandi Krul for their contributions to this issue of the BLN.

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.

Get Involved with the Business Law News.

A subscription to the Business Law News (BLN) has often been called the most significant membership benefit of the BLS. Published quarterly, BLN reaches the entire section, over 8,500 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.

What's more, BLN is now more accessible than ever. BLN is pleased to announce that selected issues are now available online.  BLN members can click HERE. Complete issues from 2013 Issue 1 to 2014 Issue 2, and Annual Reviews from 2004 through 2014, are now posted on the members only section of the Section website.

Now is your chance to participate! BLN is actively seeking submissions for its next regular issue -  Issue 4, 2015 - on any topic of interest to the business law community. Articles addressing issues that you regularly (or even unexpectedly) encounter in your practice would likely be helpful to the membership at large. BLN is especially interested in articles of general interest which would readily lend themselves to conversion into an MCLE article. All that is required to turn a regular article into an MCLE article is 20 true or false questions together with a list of the answers and justifications for the answers. The submission deadline is September 30, 2015.

If you are interested in writing for BLN, please contact Editor-in-Chief Jerry Grossman. You can find BLN's submission guidelines HERE.

Finally, have you been interested in getting involved in the section but don't know where to start?  BLN is now seeking enthusiastic section members to join its Editorial Board.  BLN is a great entry point.  The Editorial Board is unique in that it regularly accepts members that have less than five years of practice experience.  Contact Editor-in-Chief Jerry Grossman if you have questions about joining the board. You can find the application to join the BLN  HERE.

Follow the BLS on Social Media and Contribute.

Did you know that the BLS 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 de Diego (sarah@dediegolaw.net ), BLS Vice-Chair of Member Services Robert Harris (rob@bindermalter.com), or Tom Phinney (tom@parkinsphinney.com) and join the fray!

Join a Standing Committee.

Standing Committees are now accepting applications to fill vacant seats and filling them with the best attorneys’ in the State. P