Business Law Section E-News

Current News and Events from the State Bar of California Business Law Section.

Here is your June 2016 E-News from the Business Law Section ("BLS"):

Consumer Financial Services Committee Invites You To Earn Free MCLE Credit at Its Lunchtime Lecture Series

During its July Lunchtime Lecture Series, the Consumer Financial Services Committee will turn its attention to the Home Mortgage Disclosure Act (HMDA). HMDA was enacted by Congress in 1975 to require certain financial institutions to provide mortgage data to the public. HMDA was amended in 2010 pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act to add new reporting requirements. The Consumer Financial Protection Bureau (CFPB) issued the HMDA final rule on October 15, 2015. The rule includes modifications to the institutions and transactions covered as well as to the reporting requirements themselves over the next several years.

Sanford "Sandy" Shatz of McGlinchey Stafford will lead a discussion about institutions and transactions covered, data reporting requirements, modifications and additions to the data points collected, and changes to the reporting requirements under the final rule, among other matters. This is a program not to be missed.

The program will be held telephonically on July 21, 2016 from 11:45 a.m. - 1 p.m. This program is free and open to the public. To attend, please dial (855) 520-7605 and use passcode 908 506 2381. This program has been approved for 1.0 general hours of MCLE credit by The State Bar of California. Morrison Foerster is a MCLE approved activity provider. The State Bar of California is not the provider of this MCLE credit.

Please direct any questions about this program or the Consumer Financial Services Committee to Andrew Noble (Severson & Werson) at awn@severson.com or Jennifer Duncan (ResortCom International, LLC) at jduncan@resortcom.com.

Insolvency Law Committee Presents at the California State Bar Solo and Small Firm Summit

On Saturday, June 18, 2016, Insolvency Law Committee members Marcus O. Colabianchi of Duane Morris LLP and Michael T. Delaney of BakerHostetler presented a panel presentation titled “What To Do When a Bankruptcy Falls on Your Desk” at the California State Bar Solo and Small Firm Summit. The panel presentation guided non-bankruptcy attorneys through the basics of handling a case, including what it means when a bankruptcy is filed, the issues regarding and permissibility of doing business with a company in bankruptcy or entering into a contract with a company in bankruptcy, how attorneys are noticed of important events in the bankruptcy case, and the relevant deadlines.

For further information about this educational program or other programs offered by the Insolvency Law Committee, please contact ILC Education Subcommittee Co-Chairs Rebecca Winthrop (rebecca.winthrop@nortonrosefulbright.com) or Michael O’Halloran (MTO@debtsd.com).

Financial Institutions Committee Hosts Meeting Discussing The CFPB’s Arbitration Rulemaking

On June 14, 2016, Elizabeth Khalil, a Chicago-based member in Dykema’s Government Policy Practice Group gave a presentation entitled, “The CFPB’s Arbitration Rulemaking.” Ms. Khalil discussed the CFPB’s proposed regulations to restrict the use of pre-dispute arbitration clauses in consumer financial contracts, what/who is covered and when will such contracts be covered. Meeting attendees earned 1 hour of MCLE credit.

The next Financial Institutions Committee meeting will be on July 12, 2016. During that meeting, there will be an MCLE program on “Mediation for Lenders”.

For more information on the Financial Institutions Committee and its upcoming programs, please contact Steven Bloom (sbloom@frandzel.com).

A Sneak Peek at The Business Law News Next Publication

The Business Law News (“BLN”), a publication of the California State Bar’s Business Law Section, will soon publish an insolvency themed issue featuring a series of articles exploring various insolvency and bankruptcy related topics.

In the feature article, entitled The Community Discharge: The Good, The Bad and The Ugly, Elyza Eshaghi examines the impact of a Chapter 7 discharge on community property debt. Under California law, property acquired by a spouse during marriage is generally community property and each spouse may be liable for the debts of the other spouse incurred before or during marriage. A Chapter 7 discharge releases debtors from personal liability for specific debts and forever bars creditors from taking action to collect their debts. When a debtor commits certain types of misconduct, such as fraud, a creditor can bring litigation in bankruptcy court to deny the discharge. This procedure is relatively simple in the case of an individual debtor who commits misconduct. But what of a married debtor who’s spouse may have committed misconduct. Should the innocent debtor suffer for the sins of his or her wrong-doing spouse? You’ll want to read Issue 2 to find out.

With approximately 8,200 members, the Business Law Section has a wide-ranging audience. The BLN is not only circulated to Business Law Section members in print, it is also available to Business Law Section members on the internet at www.calbar.ca.gov. The Business Law News is currently seeking articles for future publication. Please submit articles, abstracts and proposals for future articles to Everett L. Green at Everett.L.Green@usdoj.gov. Thank you.

Insolvency Law Committee at the California Bankruptcy Forum

The Insolvency Law Committee (“ILC”) is proud of its leadership involvement in the 28th Annual California Bankruptcy Forum (“CBF”) held on May 20, 2016 through May 22, 2016 in Indian Wells, California.

Members Michael Lauter of Sheppard Mullin Richter & Hampton LLP and John N. Tedford IV of Danning Gill Diamond & Kollitz LLP were the CBF Educational Co-Chairs. ILC Member Michael T. O’Halloran of the Law Offices of Michael T. O’Halloran was a panelist on a panel which discussed the impact on practitioners of the amendments of the bankruptcy schedules and recent court decisions concerning exemption planning and the waiver of exemptions under California law. ILC Advisor Adam Lewis of Morrison & Foerster LLP was a panelist examining recent developments in the employment of estate-side professionals and approval of their fees.

ILC Co-Chairs Corey Weber of Brutzkus Gubner Rozansky Seror Weber LLP and Leib Lerner of Alston & Bird LLP were producers of educational panels, as were ILC Members Michael Gomez of Lang Richert & Patch and Christopher O. Rivas of Reed Smith LLP and ILC Advisors Monique Jewett-Brewster of Hopkins & Carley ALC, Paul Pascuzzi of Felderstein Fitzgerald Willoughby & Pascuzzi, and Uzzi O. Raanan of Danning Gill Diamond & Kollitz LLP. Advisor Tom Phinney of Parkinson Phinney LLP also served as the CBF Vice President and Pro Bono Chair.

The ILC also sponsored its annual cocktail reception after the first day of educational programs. The cocktail reception has been a staple of the conference and provides a gathering spot to meet and socialize. The cocktail reception was attended by at least 150 members of the California bankruptcy community.

For further information about the ILC, please contact ILC Co-Chairs Corey Weber (cweber@brutzkusgubner.com) or Leib Lerner (Leib.Lerner@alston.com).

State Bar Annual Meeting Program Preview! BLS Standing Committees to Present At The State Bar of California 89th Annual Meeting

You can register soon for the State Bar of California’s 89th Annual Meeting. 

The State Bar of California returns to San Diego for the 2016 Annual Meeting on September 29, 2016 – October 2, 2016. Mark your calendars for this event, which blends business, education, entertainment and the opportunity to meet and engage with law professionals from throughout California. 

The four-day meeting will showcase an education agenda consisting of MCLE seminars covering a variety of substantive topics, including legal technology, ethics, bankruptcy, business litigation, and other key areas of interest.  Many of the BLS Standing Committees will be presenting at the Annual Meeting. A complete list of BLS presentations at the Annual Meeting is provided as follows.

The following Business Law Section Committees will make presentations at the Annual Meeting as follows:

Insolvency Law Committee

Program 22 - Ninth Circuit Bankruptcy Year in Review
Friday, September 30 - 8:30 a.m. - 10 a.m.

Program 42 - 10 Things Not To Do When Insolvent
Friday, September 30 - 1:30 p.m. - 3 p.m.

Program 53 - Managing Expectations: Understanding the Roles of the Main Actors in a Bankruptcy Case
Friday, September 30 - 3:30 p.m. - 5 p.m.

Business Litigation Committee

Program 43 - The Effective and Ethical Use of Expert Witnesses
Friday, September 30 - 1:30 p.m. - 3 p.m.

Health Law Committee

Program 73 - Medical and Health Care Privacy and Data Breach Compliance for Non-Health Care Clients and Their Attorneys
Saturday, October 1 - 10:30 a.m. - 12 noon

Internet Law Committee

Program 82 - Cyberspace Law 101: Representing Clients on the Intern
Saturday, October 1 - 1:30 p.m. - 3 p.m.

Corporations Committee

Program 102 - The Expectation of Privacy: The Roles and Responsibilities of Businesses
Sunday, October 2 - 8:30 a.m. - 10 a.m.

Insolvency Law Committee Publishes eBulletin Judicial Profiles

In May 2016, the Insolvency Law Committee (“ILC”) published two eBulletins in a series of profiles of Ninth Circuit bankruptcy judges.  The eBulletins featured judicial profiles of United States Bankruptcy Judge Ernest M. Robles of the Central District of California and United States Bankruptcy Judge Meredith A. Jury of the Central District of California.  The eBulletins provide Judge Robles and Judge Jury’s personal and professional backgrounds, observations from the bench, and issues of interest.  To view the ILC’s Judicial Profile Series CLICK HERE

Judge Ernest M. Robles was appointed to the United States Bankruptcy Court for the Central District of California, Los Angeles division in 1993 where he has served since his appointment.  Prior to his appointment, Judge Robles served as Assistant United States Trustee. 

Judge Meredith A. Jury is a United States Bankruptcy Judge in the Central District of California, with chambers in the City of Riverside.  She was first appointed to the bench in November 1997, and reappointed in 2011.  She also serves as the Chief Judge of the Ninth Circuit Bankruptcy Appellate Panel, having been appointed to that Court in 2007 and reappointed in 2014. 

The first judicial profile published by the ILC was about Central District of California Bankruptcy Judge Neil W. Bason, a former ILC Co-Chair.  The second judicial profile published by the ILC was about Central District of California Bankruptcy Judge Martin R. Barash.  The ILC looks forward to publishing more judicial profiles in 2016, as part of its outreach to bankruptcy judges and effort to provide valuable information to its constituents.

For further information or to be added to ILC’s eBulletin constituency list, please contact ILC Co-Chairs Corey Weber (cweber@brutzkusgubner.com) or Leib Lerner (Leib.Lerner@alston.com).

Reach a State-Wide Audience by Publishing in the Business Law News

The Business Law News (BLN) is seeking articles of general interest to practitioners for its next publication.  With approximately 8,200 members, the BLS has a wide-ranging audience.  The BLN is not only circulated to BLS members in print every quarter, it is also available to BLS members on the internet at www.calbar.ca.gov.  Please submit your articles to Everett L. Green, Everett.L.Green@usdoj.gov.

A subscription to the BLN is one of the most significant membership benefits of the BLS.  Publishing in the BLN is a terrific opportunity both to influence the discourse in the areas in which you practice and to market yourself and your skill set. Now is your chance to participate! 

You can find the BLN’s submission guidelines HERE.  Finally, have you been interested in getting involved in the BLS but don’t know where to start?  BLN is now seeking enthusiastic section members to join its Editorial Board.  You can find more information about the BLN Editorial Board HERE and the application to join BLN HERE.

Keep Up With Current Legal Developments by Receiving eBulletins Specifically Tailored for Your Field

The 15 BLS Standing Committees publish eBulletins announcing developments in their area of law and upcoming events open to BLS members. Click HERE to sign up to receive these eBulletins from any BLS Standing Committee completely free of charge

Showcase Your Knowledge:  Follow the BLS on Social Media and Contribute to Discussions

We all know that social media can help drive new business. Did you know that the BLS 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 (sarah@dediegolaw.net); BLS Vice-Chair of Member Services, James P. Hill (hill@sullivanhill.com); or BLS Chair, Rob Harris (rob@bindermalter.com), and join the ever expanding discussion!

Amplify Your Professional Reputation by Joining 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 May are listed below. A description of the required commitment and application process, along with a link to the application, can be found HERE.

Attend a Standing Committee Meeting and Participate in Your BLS

The BLS achieves its goals through the work of its 15 Standing Committees. You are invited to attend the regular monthly meeting of any BLS Standing Committees (see below for meeting dates). 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’s hashtag to search for tweets by that committee in its designated field and to re-tweet.

Standing Committee Meeting Dates for July

For a list of upcoming meeting dates and contact persons, see Standing Committee Meetings HERE.

Editors

Diana D. Herman, Editor-in-Chief
Monique Jewett-Brewster
Peter Menard
Kristina Del Vecchio
Jim Hill
Rob Harris

For contact information, see the Executive Committee Roster HERE