The California Lawyers Association: New Possibilities and Opportunities for BLS Members
"Someone's sitting in the shade today because someone planted a tree a long time ago."
--- Warren Buffett
On October 2, 2017, Governor Edmund G. Brown, Jr. signed into law SB-36. As a result, starting in January 2018, the 16 voluntary Sections of the State Bar of California and the California Young Lawyers Association (“CYLA”) will transition into a newly-formed private 501(c)(6) non-profit association (“Association”). Wasting no time, the Sections have organized nine committees that are tasked with working through the issues arising from formation of the new Association. As they spend countless hours researching, drafting and debating the complex and voluminous questions facing the new Association, these committees are planting the trees that future Association members will rely upon for their shade. Read More
The Partnerships and Limited Liability Companies Committee (the “PLLC Committee”) and the Opinions Committee of the State Bar Business Law Section are pleased to announce that their report, Third-Party Closing Opinions: Limited Liability Companies and Partnerships (the “Report”), has just been published by the State Bar of California . The Report is now available for purchase at the State Bar’s website, here. Purchasers will receive a print paperback copy of the Report as well as a postcard with a link to the digital “e-book” version of the Report.
The Report updates and supersedes entirely the PLLC Committee’s 1998 Report on Legal Opinions Concerning California Partnerships and its 2000 Report on Legal Opinions Concerning California Limited Liability Companies (collectively, the “Prior Reports”). It reflects the major changes in applicable law—notably the California Revised Uniform Limited Liability Company Act (Cal. Corp. Code §§17701.01–17713.13) and the Uniform Limited Partnership Act of 2008 (Cal.. Corp. Code §§15900–15912.07)—as well as the changes in opinion practice since publication of the Prior Reports. Read More
On September 23, 2017, California enacted Senate Bill No. 340, amending California Corporations Code sections 1401 and 1401.5 to authorize a bankruptcy trustee liquidating agent or other agent to dissolve a California corporation whose business was wound up and liquidated under a Chapter 11 reorganization. The bill had been the result of an Affirmative Legislative Proposal (ALP) from two BLS Standing Committees, Corporations and Insolvency Law. Read More
Thursday, November 30, 2017, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit, including legal specialization in Bankruptcy Law. You must register in advance to participate.
The myth is that a corporate Chapter 7 bankruptcy is pointless because there is no corporate discharge. In reality, a corporate bankruptcy terminates most litigation and tells creditors the likelihood of recovery is low. The challenges for management in closing a business can be substantially reduced and shortened. The program will address the benefits of a corporate bankruptcy and how to prepare the case for filing.
Speaker: Michael O'Halloran
Thursday, December 14, 2017, 12 noo - 1 p.m.
This program offers 1 hour participatory MCLE credit. You must register in advance to participate.
Learn the key fundamentals of how these critical depositions should be noticed, taken and defended in state court civil actions. A review of California case law as well applicable federal law precedents, will also help practitioners better prepare for issues that may arise during deposition.
Moderator: Steven Garcia
Speaker: William Webb
Wednesday, January 10, 2018, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit, including Elimination of Bias. You must register in advance to participate.
Presentation is geared toward compliance with California employment laws in 2018 and beyond. Topics covered include definitions of harassment and discrimination, protected classes, the California Department of Fair Employment and Housing Anti-Harassment Regulations, California’s Fair Pay Act, volunteer and intern protection, anti-bullying training and political correctness. Workplace Harassment Hypotheticals are used to illustrate employee and employer rights, responsibilities and remedies, including common sense solutions to typical situations.
Speaker: Lisa Von Eschen
Thursday, January 25, 2018, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit. You must register in advance to participate.
The speakers will discuss the considerations for choosing whether to form a limited liability in California or Delaware. They will explore the default provisions in Delaware and California law, and they will discuss those laws that cannot be overridden by agreement of the parties. There will be a focus on the fiduciary duties of managers.
Speakers: Rachelle Cohen and Stephen Halper
Tuesday, January 30, 2018, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit, including legal specialization in Franchise & Distribution Law. You must register in advance to participate.
The program will discuss the impact of business regulation upon a variety of everyday transactions that may carry various disclosure, registration and licensing requirements and that may entail significant liability for noncompliance. The discussion will address the following types of scenarios that may be subject to specific business regulation:
Speakers: Gerard Davey and Michelle Jacko
The Nonprofit Organizations Committee’s meeting on November 16, 2017 will present a program on impact securities, a new way for donors and investors to fund charitable impact. Catarina Schwab and Lindsay Beck from NPX Advisors and Anna Pinedo of Morrison & Foerster will be presenting. MCLE credit is available, but this presentation is not sponsored nor is credit provided by The State Bar. Information about attending, including call-in information, and a full agenda for the meeting, can be found here.
Corto Olive Co, owned by Dino Cortopassi, hosted the Agribusiness Committee for an Olive Oil Tour and Tasting on October 27, 2017 in Lodi, California. Committee members toured the facility and learned about the growing, harvesting, and pressing of olives for olive oil. The Agribusiness Committee is chaired by Lauren Layne of Baker Manock & Jensen, PC.
The Internet & Privacy Law Committee published an e-bulletin on October 20, 2017 on a new decision by the United States District Court for the Northern District of California, addressing the extent of liability as an “advertiser” when commercial emails with allegedly misleading headers are sent in violation of California Business & Professions Code section 17529.5. The e-bulletin can be found here.
The Internet & Privacy Law Committee is chaired by Mark Adlrich of Aldrich Law Group and Ginny Sanderson of Kronenberger Rosenfeld, LLP.
Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is from the September 2017 update to Privacy Compliance and Litigation in California. References are to the book’s section numbers. See CEB’s BLS Landing Page for special discounts for Business Law Section members. The most significant legal developments since the last update include developments in such important topic areas as constitutional and common law privacy protections, special protection of children, information security and data breaches, internet privacy, regulation of marketing and sales, financial data and health information privacy, workplace privacy, international data protection, identity theft, and standing to sue. Read More
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.
We all know that social media can help drive new business. 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 Coordinator, Reno F.R. Fernandez III (Reno@MacFern.com); BLS Vice-Chair of Publications, Monique D. Jewett-Brewster (email@example.com); or BLS Chair, Uzzi O. Raanan (firstname.lastname@example.org), and join the ever expanding discussion!
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 March are listed below. A description of the required commitment and application process, along with a link to the application, can be found HERE.
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.
For a list of upcoming meeting dates and contact persons, click HERE.
We're very grateful for your membership in the Section.
As a token of that, we're offering self-study MCLE credit in the areas of Legal Ethics, Competence Issues, and Recognition and Elimination of Bias in the Legal Profession and in Society. The programs are posted in our Member's Only Area.
Simply watch the programs and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
Business Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639