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From the Chair
Peter J. Walsh, Jr.
First of all, best wishes for the New Year. All indications are that it
will be a challenging year professionally, even for those of you who are
fortunate enough to engage in practice areas that are expected to
"hold their own" in this dismal economic environment. On the
bright side, there could not be a more promising year to become (or remain)
active in the Business & Corporate Litigation Committee.
The Spring Meeting
In a few short months, the Committee will meet at the
Spring Meeting in
Vancouver, British Columbia, host city of the 2010 Olympic and Paralympics
Winter Games. Vancouver is a spectacular geographical venue, and the
meeting will of course provide many opportunities for networking and
quality CLE. The Committee is the primary sponsor for three programs:
The Annual Review of Developments in Business and Corporate Litigation
(emphasizing this year bankruptcy and financial institution litigation);
International Business Courts; and Judicial Dispute Resolution in China,
India and Vietnam. The Committee is also co-sponsoring a number of
other programs. Also, in addition to the always popular Committee Dinner
on Thursday, April 16, 2009, the Women's Business Advocates Subcommittee
will be organizing and sponsoring a reception to be held before the Section
Dinner on Friday, April 17, 2009. Please plan on attending all or as many
of these events as you can.
The Global Meeting
I also want to mention the
Global Business Law Forum in Hong Kong on June
10-12, 2009. The theme for this year's Forum is "legal developments
impacting companies doing business in Asia and the Pacific Rim." The
Section anticipates that the Forum will attract a large number of lawyers
in Pacific Rim/Asian practices, as well as expatriate lawyers (both private
practice and in-house) working in Asia. The Forum should prove to be an
excellent educational and networking opportunity, especially if your
practice involves Pacific Rim-based clients.
The Annual Meeting
The Annual Meeting will be held in Chicago from July 30 - August 4, 2009.
As usual, we will have a Committee dinner and/or social event, and planning
for that is already underway.
Until I see you in Vancouver, all the best!
Peter J. Walsh, Jr.
Chair, Committee on Business and Corporate Litigation
Potter Anderson & Corroon LLP
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Subcommittee on Appellate Litigation
Kendyl Hanks, Chairs
Last year the Subcommittee on Appellate Litigation participated in a program sponsored by
the Business and Corporate Litigation Committee entitled "Raising
the Pleadings Bar - How Much Has the Supreme Court Changed the Landscape
for Business Litigation?", presented to the ABA Section of
Business Law Spring Meeting, Dallas, Texas, April 11, 2008.
Utilizing both a panel discussion and a mock argument, the panel
explored and debated the legal and practical implications of the United
States Supreme Court's recent decision in Bell Atlantic Corp. v.
Twombly, in which the Court overruled the fifty-year-old precedent of
Conley v. Gibson and may have dramatically changed general pleading
requirements. Topics included the nature of the new pleading standards;
how state and federal courts may apply them (narrowly or broadly); and the
many potential and unpredictable effects of the new standards on the
selection, presentation, viability and defense of business claims in
federal and state courts.
Subcommittee Chair Kendyl Hanks, a senior associate with the
Appellate Practice Group of Haynes and Boone, LLP in Dallas and New York
presented mock argument to the Honorable Judge Mary Murphy, of the
14th Judicial District Court, Dallas County, Texas. Local business
litigator Victor Vital, a partner with Baker Botts, LLP in Dallas,
presented oral argument as well. Panelists included John L. Cooper,
of Farella Braun + Martel LLP, in San Francisco, CA; Maria C. Dunn,
of ConocoPhillips in Houston, TX; Richard M. Paul, of Shughart
Thomson & Kilroy in Kansas City, MO; and Theodore C. Whitehouse,
of Willkie Farr & Gallagher LLP in Washington, DC. Robert L.
Gegios, of Kohner, Mann & Kailas, S.C., Milwaukee, WI served as
Program Chair and Moderator. The program was very well-attended, and
received excellent reviews from both in-house and outside counsel.
The Appellate Subcommittee is looking for new ideas for programming. Based
on positive feedback the Subcommittee is considering a revival of its March
16, 2007 "Tour of the Ivory Tower"program, in which
Supreme Court specialists presented a review of significant developments in
the Supreme Court, including the impact of recent nominations to the Court,
and a possible moot court presentation on a pending Supreme Court case.
The Subcommittee is also planning programs concerning developments and
problems in the area of business torts (specifically contract/fraudulent
inducement and fiduciary duty), and an integrated panel discussion of the
process of affecting policy change through lobbying and appellate law,
which we anticipate will include government affairs specialists, industry
group representatives, appellate lawyers, and will address significant
changes in national policy that have been brought about by lobbying efforts
on the one end, and appellate advocacy (e.g., through amicus briefs
in Supreme Court cases) on the other. We will explore opportunities to
co-sponsor such a program with other committees and, possibly, sections
(including but not limited to the Council of Appellate Lawyers, and the ABA
Young Lawyers Division, which is presenting the series Anatomy of an
Appeal to young lawyer audiences in 2009).
Join us for our subcommittee meeting in Vancouver, where we hope to put
these plans into action. We are always looking for new participants and
ideasso sign up online, or contact the Subcommittee Chair, Kendyl
Hanks of Haynes and Boone, e-mail: firstname.lastname@example.org. For more
information, visit our Subcommittee website at:
Subcommittee on Business Courts
Lee Applebaum and Rick Gross, Chairs, Cory Manning, Vice-Chair
The Subcommittee on Business Courts
has worked with a number of judges in
planning and providing materials for the upcoming program, Business
Courts Around the World, to be presented on April 17th in Vancouver at
8:15 a.m. The Subcommittee's meeting during the Annual Meeting in New
York, attended by a number of judges, provided a springboard to that
effort. Program panelists include five business courts judges from across
the United States, as well as two Canadian Justices and Justice David Steel
from London's Commercial Court. The Subcommittee has continued to provide
information and resources to those interested in establishing business
courts in various states, as well to the American College of Business Court
Judges, and to the National Center for State Courts in its putting on a
business courts program with the Conference of Chief Justices. For the
sixth year, Subcommittee co-chair Lee Applebaum coordinated the Business
Courts chapter in the Annual Review of Developments in Business and
Corporate Litigation, which includes a number of Subcommittee members
Subcommittee on Class and Derivative Actions
Patrick T. Clendenen, Chair
The Business and Corporate Litigation (BCL) Committee's
Subcommittee on Class and Derivative Actions is pleased to report that it
authored two chapters again in BCL's Annual Review of Developments
in Business and Corporate Litigation. The first, on Class Actions,
was co-authored by Kevin McGinty and Pat Clendenen at Mintz Levin (Boston)
and Joe Ianno, Matt Allen, and Mac McCoy at Carlton Fields (West Palm Beach),
and the second, on Derivative Actions, was co-authored by Pat Clendenen and
Chip Phinney at Mintz Levin (Boston). Representatives from our subcommittee
will be highlighting topics in these areas at the Business Law Section's
Spring Meeting Annual Review of Developments Program on Thursday, April 16
from 2-5 p.m. at the Vancouver Convention and Exhibition Center, Rooms 217-219.
We are also teaming up with the Business Courts and International Litigation
Subcommittees to hold a Joint Meeting titled "Judicial Perspectives on
Cross-Border Litigation," on Thursday, April 16 from 9-10:30 a.m. at the
Vancouver Convention and Exhibition Center, Rooms 205. The Honorable Justice
James Farley Q.C. (ret.), Ontario, Canada Superior Court, Commercial List Division;
The Honorable Justice Daniel H. Tingley, Quebec, Canada Superior Court,
Commercial List Division; and The Honorable Philip H. Brandt, U.S. Bankruptcy Court
Judge, United States Bankruptcy Court for the Western District of Washington are
Please be sure to add these programs to your Spring Meeting plans.
Subcommittee on Employment Law
Bret A. Cohen, Chair
The Subcommittee on Employment Law produced a nearly 200-page summary of
virtually every court decision in 2008 related to employment law from
every U.S. federal circuit, the U.S. Supreme Court, and key Canadian
courts. The summary is categorized by subject matter and will appear as
Chapter 15 in the ABA's Annual Review of Developments in Business and
Corporate Litigation - 2008 Edition. This series is the ABA's best-selling book.
Bret A. Cohen edited this chapter, and gratefully acknowledges the
contributions of Cristina Adams, Christopher Andree, Crystal E. Barnes,
Jeffrey Berger, Vanessa Brown, Bettina Burgess, Hugh Christie, Hillary E. Clark,
Luc Deshaies, Gina M. Di Bella, Khayyam M. Eddings, Franci Fealk, Ami Gandhi,
Brett Glass, Jessica Greenbaum, James R. Hammerschmidt, Daniel L. Herrington,
Geoffrey Howard, Rhonda Jansen, Mark Josselyn, Edward Majewski, Laura Mensch,
R. Bradley Mokros, Bradford K. Newman, Joel M. Nolan, Philip A. Overcash,
Maura M. Pelham, Paul E. Prather, Michael J. Scotti, III, Michael W. Sillyman,
Emilie Smith, Graham Walsh, Ross Wells, Alisa Wiggins, and Martha J. Zackin.
Subcommittee on International Litigation
Peter Lukasiewicz, Chair, Deborah Templer, Vice-Chair
The Subcommittee on International Litigation, still a relatively young
subcommittee of the Business and Corporate Litigation Committee, held its
annual meeting at the Business Law Section Spring Meeting in Dallas, Texas,
on April 10, 2008. A significant portion of our meeting was devoted to a
discussion of the role that our Subcommittee might play in the 2009
Business Law Section Spring Meeting, particularly given the location of the
2009 meeting in Vancouver, British Columbia.
Following this discussion, Chair Peter Lukasiewicz and Vice-Chair Deborah
Templer have put together a Business and Corporate Litigation CLE program
on "Dispute Resolution in China and India" to take place at the
Spring Meeting in Vancouver on April 17, 2009 from 2:30-4:30 p.m.
Confirmed panel speakers include practitioners and experts from India,
China and Vancouver, who will share their knowledge and first-hand
experiences in resolving complex commercial disputes in China and India.
As well, the Subcommittee on International Litigation will join with the
Subcommittees on Business Courts and Class and Derivative Actions in
putting on a joint subcommittee program on "Judicial Perspectives on
Cross-Border Litigation", scheduled to take place on April 16, 2009
from 9-10:30 a.m. Guest speakers will include judges from U.S. and
Canadian business courts.
Our Subcommittee continues to contribute to the Annual Review of
Developments in Business and Corporate Litigation, having just
submitted our chapter for the 2009 edition - this year, focusing on
international commercial arbitration. The Subcommittee welcomes new or
existing members who would like to contribute to our chapter in next year's
edition of the Annual Review.
Finally, we welcome new members to the Subcommittee. We will have a
Subcommittee meeting at the Business Law Section Spring Meeting in
Vancouver and we encourage any attorneys with an interest in international
litigation to join us.
Subcommittee on Pro Bono
Mac R. McCoy, Chair
The Subcommittee on Pro Bono
is working with the Host Committee for the Spring Meeting in
Vancouver to plan and co-sponsor a public service project to benefit a local charitable
organization. The details of the project have not been finalized, but several proposals
are currently under consideration. The project, which will take place during the Spring
Meeting, will provide Section volunteers with a meaningful opportunity to give back to
the local community and to network. Any members of the Business and Corporate Litigation
Committee who would like to volunteer for the public service project should email
Mac McCoy (email@example.com) for more information
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