Business Law Section E-News - September 2015

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

Top News

Here is your September 2015 E-News from the Business Law Section ("BLS"):

Don’t Miss the Business Law Section Breakfast, October 10th, in Anaheim: Be Ready for the Next Cybersecurity Intrusion.

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 be sure to attend the State Bar Breakfast, sponsored by the Business Law Section, on Saturday morning, October 10th at the Anaheim Marriott.  Doors open at 7:30 a.m., and the program begins at 8:00 a.m.  (this is a “can’t miss” event!)  This year, the Breakfast’s keynote speaker is Juval Aviv, a noted writer and speaker on counter terrorism and nation-state cyberattacks.  Mr. Aviv's work and comments have been featured in major magazines and newspapers worldwide.  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 former BLS Executive Committee chair and longtime BLS contributor Morris Hirsch during the event.

Annual Meeting Program Update.

My State Bar Annual MeetingThe Business Law Section is pleased to sponsor the following MCLE courses during The State Bar of California 88th Annual Meeting at the Anaheim Marriott Hotel, October 8-11, 2015. All education courses offer MCLE credit. Annual Meeting pre-registration is required to attend any of these sessions. Go to Annual Meeting for registration information and details.

Program 3
Thursday, October 08, 2015 | 2:00 PM-3:30 PM
Ethical Issues and Pitfalls for Non-Profit Boards and their Advisors (presented by the Non-Profits Committee)

Program 14  
Thursday, October 08, 2015 | 4:00 PM- 5:30 PM
Basic Legal Skills Necessary for Advising Clients Doing Business Online (presented by the Cyberspace Committee)

Program 15
Thursday, October 08, 2015 | 4:00 PM-5:30 PM
Recent Developments in Federal and California Securities Laws
(presented by the Corporations Committee)

Program 25
Friday, October 09, 2015 | 8:30 AM-10:00 AM
When Deals Go Bad: Drafting Contracts with Litigation in Mind
(presented jointly by the BLS and the Litigation Section)

Program 36
Friday, October 09, 2015 | 10:30 AM-12:00 PM
Bankruptcy Appellate Practice
(presented by the Insolvency Committee)

Program 37
Friday, October 09, 2015 | 10:30 AM-12:00 PM
Debt Collection In The Age Of Technology And The CFPB
(presented jointly by the Consumer Financial Services Committee and the Financial Institutions Committee)

Program 47
Friday, October 09, 2015 | 1:30 PM-3:00 PM
Practical Tips for Negotiating Commercial Leases for Franchise Locations (presented jointly by the Franchise Law Committee and the Real Property Section)

Program 81
Saturday, October 10, 2015 | 10:30 AM-12:00 PM
Ninth Circuit & Supreme Court Bankruptcy Year in Review
(presented by the Insolvency Committee) 

Cheers!  You’re Invited to the Business Litigation Committee’s October 9th Reception at the Annual Meeting.

In connection with the 88th Annual Meeting of the California State Bar, the Officers and Members of the Business Litigation Committee invite all members of the Business Law Section to attend the following reception to join us in celebrating the completion of our first year and kick off the 2015-2016 State Bar Year: 

Business Litigation Committee Happy Hour
Friday, October 9, 2015, 5:00 PM – 7:00 PM
Location: Anaheim Marriott
Room:  Orange County 1 (near the Orange County Ballroom)
700 West Convention Way
Anaheim, CA 92802

Come meet Business Litigation Committee members, visit with old friends, and get to know new colleagues over hors d’oeuvres and drinks.  Hosted bar.  No RSVP needed.  Just drop in!

CYLA Celebrates More Than 80 Years of Service to Young Lawyers.

At this year’s State Bar Annual Meeting, California Young Lawyers Association (CYLA) will celebrate its more than 80-year history of service to young lawyers. As the nation’s largest of association of young lawyers, CYLA is proud of its long history of advocating on behalf of its membership, including young lawyers practicing business and corporate law, and providing new practitioners opportunities for involvement in the legal profession.  In addition to its anniversary celebration, CYLA is looking forward to celebrating young attorney Bryant Yang, recipient of CYLA’s 2015 Jack Berman Award of Achievement.  CYLA is also sponsoring several MCLE presentations which may be of interest to young business lawyers, including: Blurred Lines Between Social Media and Attorney Advertising: Connecting Ethically (Program #70) and Recent Developments in Privacy and Data Security Law (Program #102).  The CYLA Board of Directors looks forward to connecting with young lawyers at the State Bar Annual Meeting. As a reminder, if you are a member of BLS and in your first five years of practice or are 36 years of age or younger, you are automatically a member of CYLA and no separate membership fee is required.

Insurance Law Committee Meets with High School Students in Los Angeles.

Insurance Law Committee meets with high school studentsOn September 16, 2015, Insurance Law Committee Chair, Armand Feliciano, and incoming Insurance Law Committee Co-Chair, Cecil Autry, along with Conrad Sison of Locke Lord and David Almaraz of Hamburg, Karic, Edwards & Martin met with Bishop Mora Salesian High School (BMSHS) students.  BMSHS is an inner city school located in East Los Angeles.  The group discussed with students the profession of law, types of job opportunities in a legal career, the connection between college and law school, and things to keep in mind as they move into the professional world.  Students asked questions such as what it takes to pass the bar, the cost of going to law school, the type of academic focus needed to succeed in law school, and what a lawyer does on a day to day basis.  Members of the Insurance Law Committee stressed the importance of grades, extracurricular activities, solid work ethic, internships, and the value of finding a mentor.  About 150 students attended the two hour meeting, and members of the State Bar Insurance Committee also stayed an additional hour for one-on-one contact with students after the meeting.

Save the Date:  Business Litigation Committee to Present November Webinar on Expert Witnesses.

On November 3, 2015, the Section’s Business Litigation Committee (“BLC”) will present its webinar, “How To Be, and How To Use, an Expert Witness.”  Much of the published guidance regarding experts has been devoted to the areas of qualifying an expert, admitting evidence, and conducting direct or cross-examinations during trial.  The BLC’s program, however, will explore the topic of experts from the perspective of the expert witness, and also provide guidance where the expert is an attorney.  Attendees will be addressed by Jon Pfeiffer, a litigator who often utilizes expert witnesses in his practice, and from Neil Wertlieb, a corporate attorney and UCLA Professor of Law who has served as an expert witness in a number of cases, on such topics as:  What are the initial steps that every expert should take immediately after being retained?  What are some key considerations the expert should address with retaining counsel before the scope of his/her testimony is even discussed?  How do an expert’s actions/inactions early on in a case affect his/her ability to participate later on?  This program will also help litigators maximize the value of their experts by providing insights into how experts often view their own role and how early interactions can help, or hurt, your case.

To receive a notification about the time and date of this program please join the BLC’s “constituency list” by clicking HERE and following the sign up instructions or contacting committee chair Peter Bronson or membership co-chair Ellen Fenichel.

Insurance Law Committee to Host September 30th Panel Discussion on the Sharing Economy.

Join the Insurance Law Committee on Wednesday, September 30, 2015 from 3:30 p.m. - 4:30 p.m. for a panel discussion covering “Insurance Law and the Sharing Economy.”  The “sharing economy”, also known as collaborative consumption, is a trending business concept that highlights the ability (and perhaps the preference) for individuals to rent or borrow goods rather than buy and own them.  The panel includes representatives from: Lyft, Airbnb, Triple A Insurance, Nationwide Insurance, the Department of Insurance, and the Association of California Insurance Companies.  The program will be held at Hastings College of Law in the Hastings Alumni Reception Center -- Room J.  The law firm of Locke Lord has generously agreed to provide food and beverages for this event.  Everyone is welcome!

Thanks and Congratulations to 2015-2016 Executive Committee Officers.

As with any new Bar year, the BLS Executive Committee has rotated its officers. Many thanks to Bob Hawn, outgoing Chair, for a great year and for his tireless service to the BLS, and to April Frisby, Isabelle Ord, Rob Harris, and Chris Passarelli, outgoing Vice-Chairs, for their creativity and energy.  Congratulations to Rob Harris, incoming Chair, Jim Hill, Vice-Chair Member Services, Jill Kovar, Vice-Chair Programs and Publications, Tom Phinney, Vice-Chair Legislation, Uzzi Raanan, Vice-Chair Marketing & Outreach, Tom Gump, Treasurer, and Co-Secretaries, Kristina Del Vecchio and Rachelle Cohen.  Special thanks to Standing Committee Coordinator, Martha King, and Diversity Coordinator, Emily Yukich, and to outgoing Executive Committee members Suzanne Weakley and Bill Webb.. Also, welcomes go out to new Executive Committee members Monique Jewett-Brewster, Diana Herman, and Peter Menard.

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 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, BLS Vice-Chair of Member Services Robert Harris or Tom Phinney and join the fray!

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 (5) 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 October are listed HERE.  A description of the required commitment and application process, along with a link to the application, can be found on the State Bar website.

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 8,500 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.

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. The deadline is September 30, 2015.  However, extensions may be possible.  Please contact Editor-in-Chief Jerry Grossman as soon as possible for more information.

BLN is also seeking submissions for the subsequent issue, Issue 1, 2016.  The deadline is November 15, 2015. 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.  You can find the application to join the BLN HERE.

Connect 15

You are invited to attend a regular monthly meeting of one of the BLS’s fifteen Standing Committees (see below).  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!  For the month of October, note that some committees are holding “in person” meetings (as well as dial-in) at the State Bar Annual Meeting being held at the Anaheim Convention Center in Anaheim, California October 8-11, 2015 (see the link below for room locations, as applicable).  Please see the contact person listed below to RSVP or request more information.Follow us on Twitter @calbarbuslaw.  Use a Standing Committee’s hashtag, in the link below, to search for tweets by that committee in its designated field and to re-tweet.

Standing Committee Meeting Dates

For list of upcoming dates, see Standing Committee Meetings.


Jill Kovar, Editor-in-Chief
Robert Brayer
Sarah De Diego
Thomas Gump
Robert Harris
Robert Hawn
William T. Webb

For contact information, see the Executive Committee Roster.