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"How To" Webinar Series

"How To" Webinar SeriesThe 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.

Cyberspace Committee Hosts Second Annual Symposium Regarding Privacy and Data Breach with Free MCLE Included

On October 28, at the UCLA School of Law, the Cyberspace Law Committee presented its Second Annual Symposium, which included a stellar lineup of speakers, 2.0 hours of complimentary MCLE credit, and food & refreshments. The presentation on Privacy and Data Breach dealt with United States and EU privacy obligations, regulatory enforcement, current developments in the EU safe-harbor negotiations for data transfer to the United States, international law and national security implications from data breach, and current trends and best practices to minimize exposure for United States organizations. See who participated in the panels.

Opinions Committee Circulating Draft Opinion On Personal Property Secured Financing Transactions

The Opinions Committee is circulating an exposure draft of its Sample California Third-Party Legal Opinion Letter for Personal Property Secured Financing Transactions.  The Sample Opinion provides, in one letter, foundational opinions, remedies opinions, and security interest opinions, and offers guidance in their preparation.  To obtain a draft of the Sample Opinion, please click HERE. Comments can be provided in writing to the Reporter for the Sample Opinion, Peter S. Szurley, on or before November 24, 2015.

Tour Lodi Wine Country with the Agribusiness Committee

On November 13, from 10:00 a.m.-4:30 p.m., join the Agribusiness Committee for an all-inclusive tour of the Lodi wine country.  We will meet at Jeremy Wine Company in Downtown Lodi for a private wine tasting with owner & winemaker, Jeremy Trettevik, and a pairing of hand-selected artisan cheeses provided by local cheese purveyor, Cheese Central of Lodi. Guests will then board a private motor coach and tour the Lodi Wine Laboratories’ facility to learn about alcoholic beverage testing.  The tour will then take a brief scenic drive to Lange Twins. READ MORE

Agribusiness Committee’s 2015 Water Tour Report

Water TourWater Tour

The Agribusiness Committee provided an exciting way to earn MCLE credits with a tour of Imperial Irrigation District (IID) on October 16th.  The tour provided an in-depth description of the town and the system that supports a significant portion of the nation's agricultural needs. READ MORE

Corporations Committee Legislative Proposal 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. READ MORE

Insolvency Law Committee Celebrates its Accomplishments in 2014-2015 and Looks Forward to Another Productive Year

Insolvency Law Committee

The Insolvency Law Committee (ILC) held a well-attended in-person meeting at the State Bar Annual Meeting on October 9th. During the past Bar year (2014-2015), the ILC published nearly 100 updates on new case law, events and issues of interest through its Insolvency Law e-Bulletins; published its first in a series of judicial profiles on U.S. Bankruptcy (and former ILC member) Judge Neil W. Bason; expanded its presence and discussions on Twitter and LinkedIn in order to foster more interactive communications with its constituency. READ MORE

A Message from the Chair of the Consumer Financial Services Committee

If you have been admitted to the California Bar for at least five years, are a member of the BLS, and your practice involves the constantly evolving field of consumer financial services, please consider membership on the Consumer Financial Services Committee (the “CFSC”).  The CFSC is a diverse group of accomplished professionals with a wide range of expertise.  We welcome both 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 LinkedInTwitter 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 November are listed HERE.  A description of the required commitment and application process, along with a link to the application, can be HERE.

Connect 15

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.

Contact Us

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