Business Law Section

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Cyberspace Symposium and Free MCLE!

On October 7, 2014, from 4:00–7:00 p.m., the Cyberspace Law Committee will present a complimentary Symposium at UC Hastings College of the Law entitled "Representing the Tech Company of the Future" – A Current and Future Focus on Hot Topics in Cyberspace and Privacy Law."

Panel 1 on "THE FUTURE OF CYBERSPACE LAW" will provide a short history of cyberspace on "how we got here," then discuss hot button topics for in-house attorneys and IP issues online, and conclude with a presentation about where the law is going by analyzing recent IP cases before the U.S. Supreme Court. This panel will include in-house counsel from circleup.com and Kabam, an internet practitioner, former PTAB judge Neil Smith, and Rory Little, Professor at UC Hastings College of the Law.

Panel 2 is entitled "PRIVACY IN THE INTERNET OF THINGS" and focuses on current hot privacy topics and high profile litigation. The speakers include Ian Ballon, Author of "E-Commerce and Internet Law;" Cindy Cohn, Legal Director and General Counsel of the Electronic Frontier Foundation; Tuan Le, Senior Counsel at Intel Corporation; Paola Zeni, Director of Global Privacy, Ethics & Compliance at Symantec Inc.; and Jack Lerner, Professor at U.C. Irvine School of Law.

The event is FREE but an RSVP is required as space is limited. 2.0 hours of free MCLE provided by UC Hastings is included, and the event will be followed by a hosted reception with wine tasting sponsored by the B.R. Cohn Winery. Please RSVP at https://uchastings.webconnex.com/futuretechco

The event is FREE but an RSVP is required as space is limited. 2.0 hours of free MCLE provided by UC Hastings is included, and the event will be followed by a hosted reception with wine tasting sponsored by the B.R. Cohn Winery. Please RSVP at https://uchastings.webconnex.com/futuretechco

Webinars

Webinar: Hidden Liens, Tax Lien Traps and Things You Never Knew About the UCC

Presented by Business Law Section and Insolvency Law Committee

Tuesday, October 7, 2014, 12 noon - 1 p.m.

This program offers 1 participatory MCLE credit inluding 1 hour in Legal Specialization in Bankrupcy Law. You must register in advance in order to participate.

What You Don't Know CAN Hurt You: Inchoate Liens

Your client's collateral may be encumbered by senior liens that attach and are perfected without knowledge or notice. The speakers will reveal and discuss hidden liens, such as PACA liens, producers' liens and others.

Taxes May Be Unavoidable, But What About Tax Liens?

The speakers will discuss the scope of federal tax liens, their effect on third parties and the 45-day "safe harbor" period. They will also discuss bankruptcy issues, such as avoidance of tax liens in bankruptcy, adequate protection, cash collateral, exemptions and different treatment between Chapter 7 and Chapter 11.

Surprise! Things You Never Knew About The UCC

Speakers:

  • Richard A. Lapping, Law Office of Richard A. Lapping
  • Jane Springwater, Friedman & Springwater LLP
  • Michael St. James, St. James Law, P.C.

Moderator: Reno F.R. Fernandez III, Macdonald Fernandez LLP

ILC Recognizes Attorney Michael T. O'Halloran

Photo of Michael T. O'HalloranEvery month, the BLS E-News will recognize one attorney whose accomplishments stand out. This month, the Insolvency Law Committee (ILC) has put forth Michael T. O'Halloran, a long-time member and contributor to ILC's programs and publications, for receiving the California State Bar President's Pro Bono Service Award. For 25 years, Mr. O'Halloran of the Law Office of Michael T. O'Halloran has devoted untold hours representing poor and disadvantaged people whose financial lives were in disarray. In 2013, he contributed more than 120 hours for 35 pro bono clients. As a certified bankruptcy specialist, Mr. O'Halloran is especially qualified to help vulnerable people, including the unemployed, veterans, the homeless, the mentally ill, and those with HIV/AIDS, gain a fresh start through bankruptcy. He has volunteered his services to the San Diego Volunteer Lawyer Program, the San Diego Veterans Stand Down, and the Women's Resource Fair. In addition to aiding disadvantaged individuals, Mr. O'Halloran has participated in and strengthened programs that provide financial counseling and education. He has consulted on the credit education program offered by the bankruptcy court, lectured to high school and college students about credit and debt, taught counselors of the Thomas Jefferson School of Law Veterans Legal Assistance Clinic, and mentored numerous new bankruptcy lawyers. Also, he has served as a volunteer mediator in the bankruptcy court mediation program for 25 years. Cheers to you, Mr. O'Halloran

If you know a member of the Section whose accomplishments, either recent or overall, merit recognition such as that which you see above, please contact Jill Kovar at jill.kovar@unionbank.com.

Make a Splash at the Agribusiness Water Tour!

The Agribusiness Committee is sponsoring a water tour of key areas within the northern portion of the San Francisco San Joaquin Delta. The tour will focus on a discussion of the Bay Delta Conservation Plan, some of the challenges associated with maintaining the Delta levees, and current conservation efforts in the Delta. The tour will include stops on Delta islands and pumping stations. Speakers experienced in the myriad of Delta issues, including representatives from the private and public sectors, will provide relevant information and discuss the pertinent issues associated with each stop. The date of the tour is November 14, 2014, from 9:00 am to 4:00 pm, leaving from Old Sacramento. MCLE and box lunches will be provided. For more information, contact Kathleen Abdallah at kabdallah@kroloff.com.

Commercial Transactions Committee – Year in Review!

The Commercial Transactions Committee (CTC) would like to share with you its 2014 accomplishments, which include: (1) partnering with Professor Stephen Sepinuck to share commercial law developments that generate timely CTC e-Bulletins, (2) posting an updated Hidden Liens Report online in a user friendly format, (3) preparing recommendations regarding the new Uniform Voidable Transactions Act, recently approved by the National Conference on Uniform State Laws for adoption in all states to amend and rename the Uniform Fraudulent Transfers Act, (4) commenting on the Opinion Committee's draft Sample California Third-Party Opinion for Personal Property Secured Financing Transactions, and (5) participating at the 2014 State Bar Annual Meeting by presenting "The Intersection (Collision) of Commercial law and Bankruptcy."

If you would like to get involved with the CTC, contact Co-Chair John Engel at engel@sullivanhill.com or Co-Chair Katherine Bell at KatherineBell@paulhastings.com.

2014 Annual Meeting Wrap-up!

As another Annual Meeting comes to an end, we'd like to take this opportunity to highlight a few of the BLS panel presentations that took place during this eventful week.

Partnerships and LLCs:

Donald Scotten and Rachelle Cohen presented a program on limited liability company operating agreements. The presentation focused on what practitioners should consider varying in form operating agreements, especially considering the new changes brought on because of the enactment of the Revised Uniform Limited Liability Company Act.

Cyberspace:

The Cyberspace Committee covered Recent Developments in Intellectual Property, eCommerce and Privacy. Panel speakers Robert Hawn, Raffi Zerounian and Sarah De Diego provided an overview of the basics of internet law including online privacy, advertising, intellectual property and ethical rules governing attorney advertising.

Photo of panelists giving presentation at Recent Developments in Intellectual Property, eCommerce and Privacy. Pictured are Robert Hawn, Sarah De Diego

Insolvency:

The Insolvency Law Committee organized and presented the following six programs: (1) "Chapter 11 in a Nutshell," covering the basics of a chapter 11 bankruptcy reorganization; (2) "It's Not Over 'Til It's Over: Closing Bankruptcy Cases," addressing post-discharge and post-confirmation clean-up issues in chapter 7 and 13 cases; (3) "Bankruptcy Jurisdiction: Impact of the United States Supreme Court's Latest Decisions," focusing on the power of the bankruptcy court to enter final judgments in light of recent Supreme Court cases; (4) the "Ninth Circuit Bankruptcy Year in Review," reviewing recent bankruptcy decisions of the Ninth Circuit, its Bankruptcy Appellate Panel and the Supreme Court; (5) the "Consumer Bankruptcy Primer: Competency Pointers and Pitfalls to Avoid," addressing common pitfalls in representing debtors in consumer bankruptcy cases; and (6) "The Intersection (Collision) of Bankruptcy and the Uniform Commercial Code," exploring the Commercial Code and bankruptcy law. Each of the programs was well-attended, well-presented and an overall success. Presenters included Katherine E. Bell, Van C. Durrer II, Reno F.R. Fernandez III, Radmila Fulton, Gabriel I. Glazer, Robert G. Harris, M. Jonathan Hayes, James P. Hill, Adam A. Lewis, Judge Charles Novack, Michael T. O'Halloran, Christine M. Pajak, The Honorable Laura Taylor, Alan Vanderhoff, and Dennis J. Wickham.

If you missed anything or could not attend the Annual Meeting, look for future editions of this publication for links to audio and video replays that you can view for MCLE credit.

Don't Just Follow The Section on Social Media, Become a Contributor and Make Yourself Heard.

Perhaps you know that the BLS maintains a presence on LinkedIn, Twitter, and Facebook on which it posts regular updates as to new cases, new regulations, key legislative developments, and news and events from all of 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 itself. Please submit your suggested items for consideration or direct any questions you may have to BLS Executive Committee Vice-Chair Robert G. Harris (rob@bindermalter.com) or Sarah De Diego (sarah@dediegolaw.net) and join the 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 Business Law Section of the State Bar and who have at least five (5) years' 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. It 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 description of the required commitment and application process, along with a link to the application, can be found on the following link at the State Bar website.

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 14 BLS Standing Committees publish e-bulletins announcing developments in their respective areas 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.

Contribute to the Business Law News!

The BLN is actively seeking submissions from the BLS for its next issue – Issue 1, 2015 – on any topic of interest to the business law community. The deadline for submissions is November 15, 2014. If you are interested in participating, please contact Editor-in-Chief, Jerry Grossman at grosspersonlaw@gmail.com. For your reference, BLN's submission guidelines are available at http://businesslaw.calbar.ca.gov/Publications/BusinessLawNews /
BusinessLawNewsSubmissionGuidelines.aspx

Connect 14

You are invited to attend a September meeting of one of the fourteen Standing Committees, many of which will be held at the State Bar's annual meeting in San Diego (see below). Meet committee members in person and some meetings even offer CLE credit! Please see the contact person listed below to rsvp or request more information. Follow us on Twitter @calbarbuslaw. Use a Standing Committee's hashtag to search for tweets by that committee in its designated field and to re-tweet.

Standing Committee meeting dates

BLS Standing Committee

Twitter hashtag


Meeting Date




Time


Person to Contact
for More Information


Agribusiness

#CalBarAg

10/7/14

1:30 p.m.

Kathleen Abdallah,
kabdallah@kroloff.com

Business Law News – Editorial Board

#CalBarBLN

NA

 

Jerome Grossman,
grosspersonlaw@gmail.com

Business Litigation

#CalBarBusLit

10/8/14

9:30 a.m.-11:30

Peter Bronson, pbronson@pbronsonlaw.com 

Commercial Transactions (formerly UCC)

#CalBarCTC

10/14/14

12:00 p.m.

John Engel,
engel@sullivanhill.com

Katherine Bell,
KatherineBell@paulhastings.com


Consumer Financial Services

#CalBarCFSC

10/16/14

11:30 a.m.-1:00 p.m.

Kristina Del Vecchio, kristina@josephandcohen.com

Corporations*

#CalBarCorps


11/7/14

9:30 a.m.-12:30 p.m.

Peter Menard,
pmenard@smrh.com

Michael Henry,
michael.henry@sce.com

Cyberspace Law

#CalBarCyblaw


10/14/14

12:30 p.m.- 2 p.m. (lunch)

Raffi Zerounian,
rz@taillieulaw.com

Karl Kronenberger,
info@krinternetlaw.com

Financial Institutions

#CalBarFIC

10/14/14

9:30 a.m.

Mike Zandpour,
Mike.Zandpour@cnb.com

Franchise Law

#CalBarFLC

10/14/14

9:00 a.m. (with breakfast)

Tal Grinblat,
tgrinblat@lewitthackman.com

Grant Nigolian,
grant@gan-law.com


Health Law

#CalBarHealth

10/3/14

9:00 a.m.

Craig Garner,
craig@craiggarner.com

Insolvency Law

#CalBarILC

10/17/14

10:00 a.m.

Monique Jewett-Brewster,
Jewett-brewsterm@bryancave.com

Van Durrer,
vdurrer@skadden.com

Insurance Law

#CalBarIns

10/17/14

12:00 p.m.

Armand Feliciano, armand.feliciano@acicnet.org

Non-Profits*

#CalBarNPO

No meeting

Carol Bradford,
cbradford@calfund.org

Opinions

#CalBarOpinions

No meeting

 

James F. Fotenos,
jfotenos@greeneradovsky.com

Rick Frasch,
rnfrasch@gmail.com

Partnerships and Limited Liability Companies

#CalBarPLLC

10/9/14

12:00 p.m.

Rachelle Cohen,
RCohen@kscllp.com

* The Corporations and Nonprofits Committees will not hold an October meeting.

Contact Us

Business Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2570
FAX 415-538-2368