On February 1, 2018, practicing members of the State Bar of California in Group 2 (H-M) will need to report compliance with the Bar’s MCLE requirements. The Business Law Section (BLS) is proud of the live programs and webinars it offers to California practitioners. To sign up for previously-presented programs, including special requirement credits (legal ethics, elimination of bias, and competence issues), click HERE.
In addition to the above library of previously-recorded programs, the BLS offers the following upcoming live webinars for lawyers, including members of Group 2 who are still completing their MCLE hours: READ MORE
Why are the Sections separating from the State Bar?
The California Legislature passed a law, SB 36, following discussion with the State Bar and Sections with input from the Chief Justice of the California Supreme Court. Separation will allow the State Bar to focus on admissions and discipline.
When will the separation occur?
January 1, 2018
What is the new entity?
The California Lawyers Association is a 501(c)(6) nonprofit organization. The Bar, Sections volunteers and others are working together to ensure that the entity is fully operational for a seamless transition by January 1, 2018.
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
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 Insolvency Law Committee (ILC) published eBulletins with judicial profiles of the Honorable Laura S. Taylor, Chief Bankruptcy Judge of the United States Bankruptcy Court for the Southern District of California and the Honorable Sheri Bluebond, Chief Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California. The profiles are part of the ILC’s ongoing series of profiles of judges of the United States Bankruptcy Court in the Ninth Circuit. The ILC’s judicial profiles of Judge Taylor and Judge Bluebond discuss the judges’ personal and professional backgrounds, including their experiences as practitioners, and on the bench, and tips for attorneys. The profile on Judge Taylor was written by ILC member Gary Rudolph with editorial contributions by immediate past BLS Chair Jim Hill, both of Sullivan Hill (San Diego). The profile on Judge Bluebond was written by ILC member Michael W. Davis and Business Law Section Executive Committee member Corey R. Weber, both of Brutzkus Gubner Rozansky Seror Weber LLP, immediate past ILC Co-Chair Asa Hami of SulmeyerKupetz A.P.C. and past ILC Co-Chair Leib Lerner of Alston & Bird LLP. The eBulletin on Judge Taylor can be found HERE.
The Internet & Privacy Law Committee is pleased to co-sponsor an upcoming conference, “Content Moderation and Removal at Scale,” being held at Santa Clara University School of Law on February 2, 2018. This conference will explore how internet companies operationalize the moderation and removal of third-party/user-generated content (UGC). UGC services routinely say that moderating and removing content is hard and expensive. This conference will explain the operational challenges and how companies are trying to solve them. READ MORE
Do financial charts and spreadsheets cause your eyes to glaze over? Does your mind yearn for generalized numbers? If any of the above apply to you, congratulations: You are a typical lawyer who thinks in concepts and impressions rather than in decimal point details. On November 7, 2017, the Partnerships and LLCs Committee presented "How to Read Financial Statements" to allay discomfort and improve their practices by learning from an empathetic Seiler CPA. The Palo Alto Area Bar Association co-sponsored this event with the Partnerships and LLC Committee and BNY Mellon Menlo Park hosted the venue. READ MORE
The Health Law Committee November meeting featured Shanley Curran, who spoke on the U.S. Supreme Court’s Oct. 2 decision in GlaxoSmithKline v. MM, ex rel Meyers (upholding the decision authorizing specific personal jurisdiction over out-of-state drug manufacturers for claims of out-of-state plaintiffs filed in states where the drug manufacturer conducted clinical trials on the involved drug). Mr. Curran also addressed the impact of the revised Common Rule governing human subjects research set to become effective on January 19, 2018; and newly-issued FDA Guidance for device approvals and related billing compliance issues. The Health Law Committee is chaired by Craig Rutenberg, Manatt Phelps & Phillips, 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 November 2017 update to Trade Secrets Practice 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 trade secrets protection, workplace issues, trade secrets isappropriation, procedural issues in litigation, and insurance issues. 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.
Help a Victim of Domestic Violence
The Women Lawyer’s Association of Los Angeles (WLALA) is looking for attorneys to volunteer one hour per month at the WLALA SOJOURN LEGAL CLINC. The free clinic is open every Monday from 6:00 p.m. to 7:00 p.m. and volunteers are asked to commit to attend at least once per month. The clinic is hosted by Sojourn, which is a provider of services to victims of domestic violence, and is held in Santa Monica, California. Attorneys who volunteer at the clinic each week are there to answer legal questions but do not represent clients.
The vast majority of WLALA SOJOURN CLINIC attendees need assistance with obtaining or maintaining a restraining order and are enmeshed in family court issues – divorce, custody, restraining orders, etc. Many have basic questions about the court process, what is appropriate to say to a judge, and how to prepare for a hearing. A few come with questions about criminal court issues, and a few are struggling with Dependency Court. Occasionally, attorneys are asked about landlord/tenant issues, bankruptcy, small claims, etc. The clinic provides an extensive guide on the basics of family law for volunteers as well as periodic trainings for volunteers. For more information please contact email@example.com.
If you know of other opportunities for pro bono help from BLS members, please contact Dennis Wickham, firstname.lastname@example.org.
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, Dennis J. Wickham (email@example.com) 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 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