Earlier this month, the Section hosted its first-ever National Business Bar Leaders Conference in Chicago. This one-day program brought together state and local business law bar leaders from all over the country to exchange ideas and best practices pertaining to business law bar entities. Based on early positive feedback, we hope not only to make this program an annual event, but also look forward to creating an ongoing active dialogue. If you are a chair, chair-elect or vice-chair of the business law section/committee of your state or local bar and are interested in this program, please contact Nhu Ly at lynhu@staff.abanet.org

On June 5-6 in Philadelphia, PA, the Section will present the 2003 National Conference for the Minority Lawyer. Geared specifically towards minority business lawyers and litigators, this program will offer participants practical training, substantive CLE and networking opportunities. To learn more about this program, click here.

On June 12-13 in Washington, DC, the Section will present the 2003 Conference for Corporate Counsel. This popular program provides a unique opportunity for corporate counsel to come together and engage in an active dialogue regarding the changing role of the corporate lawyer. To learn more about this program, click here.

Harold S. Barron, Chair    ABA Section of Business Law

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Advising the Audit Committee in 2003

Teleconference/Videoconference Wednesday May 28th, 2003 1:00 – 2:30 p.m. EST As companies implement the provisions of the Sarbanes-Oxley Act of 2002 and the related rules adopted by the Securities and Exchange Commission, a central focus has been the composition and functioning of the audit committee of the company's board of directors. This program will feature topics ranging from qualifying audit committee members and standards of independence to new procedures audit committees are adopting to handle accounting, auditing and internal controls complaints. For complete program details, click here To register, click here or call 1-800-285-2221 CLE Credit: 1.5 hours MCLE credit in 60-minute states/1.8 hours MCLE credit in 50-minute states have been requested in states accrediting VideoConferences and TeleConferences.  BACK TO INDEX

Banking Law Basics: A Primer on Banking Law

National Institute June 2-4, 2003 San Francisco, CA This fundamental banking law course was developed to provide practitioners with an understanding of the basic law and regulations governing banks and bank holding companies. The course is a comprehensive introduction to banking law regulation for attorneys, consultants and bank professionals who intend to work in the field. It is also a refresher course for experienced practitioners who work in the field of banking law but whose practice has not provided an opportunity for the broad exposure encompassed by this course. For complete program details, click here To register, click here or call 1-800-285-2221 CLE Credit: 18.25 hours of MCLE credit, including 1.00 hours of Ethics credit in 60 minute states and 21.90 hours of MCLE credit, including 1.20 hours of Ethics credit in 50 minute states have been requested.  BACK TO INDEX

Sinking Endowments: What Non-Profits Need to Know Now

A BLT-Live Teleconference Wednesday June 11, 2003 1:00 – 2:00 p.m. EST COMPLIMENTARY for the first 250 Section of Business Law Members who register! What legal duties do directors and trustees of nonprofits have to investigate the decline in their endowment funds? If directors or trustees uncover malfeasance as part of their inquiry, what legal avenues should they pursue to recover losses? Join our expert faculty as they explore these questions and the legal precedent being set by the University of California v. Enron case. For complete program details, click here To register, click here or call 1-800-285-2221 CLE Credit: 1.0 MCLE credit from 60-minute states/ 1.2 MCLE credit from 50-minute states accrediting TeleConferences and Live Audio Webcasts have been requested. For questions regarding MCLE application and approval, please contact the ABA MCLE Unit at 312.988.6217. For NY- licensed attorneys: This non-transitional CLE program has been approved for experienced NY licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.0 total NY MCLE credits.  BACK TO INDEX

The Business Response to Terrorism and the New Cybersecurity Threats

National Institute June 19-20, 2003 Watergate Swissotel Washington, D.C. Panelists will discuss how best to use outside experts, how to over cybersecurity and terrorism risks with insurance and discuss up-to-date best corporate practices before the occurrence of an event; the use of outside experts; and finally, practical suggestions for how to respond to n actual intrusion event. This National Institute will feature key federal and state governmental officials who ill be able to provide up to the minute advice on what government expects and in many cases requires businesses to do in the new environment and how businesses can ensure both compliance and preparedness. There will also be a case study for a business that is victimized by a cyberattack. In addition, Asa Hutchinson, Under Secretary for Border and Transportation Security of the U.S. Department of Homeland Security, will deliver the keynote speech at Thursday's luncheon. For complete program details, click here To register, click here or call 1-800-285-2221 MCLE Credit: Mandatory Continuing Legal Education (MCLE) accreditation has been requested from all states which require continuing legal education. 8.50 hours of CLE credit have been requested from those states recognizing a 60 minute credit hour and 10.20 hours of CLE credit have been requested from those states recognizing a 50 minute credit hour. Contact 312.988.6217 about MCLE application and approval two weeks prior to the program. For NY licensed attorneys: This transitional CLE program has been approved for all NY licensed attorneys in accordance with the requirements of the New York State CLE Board for New York MCLE (9.50 total NY transitional MCLE credits). Contact 312.988.6217 about MCLE application and approval two weeks prior to the program.  BACK TO INDEX

Prototype Limited Liability Partnership Agreement

By the Committee on Partnerships and Unincorporated Business Organizations     ABA Section of Business Law     Copyright 2003 Chapter 9. Matters Requiring Consent of Partners 9.1 Items Requiring Consent of All of the Partners The following actions may not be taken without the Consent of All of the Partners: Amendment of the Partnership Agreement; Increase in the principal amount of any indebtedness guaranteed by the Partners; Mergers with or into other partnerships, corporations, limited liability companies or other business entities; Except as required by the Act, dissolution of the Partnership; Sale of all or substantially all assets of the Partnership; and Conversion of the Partnership into another form of business entity. COMMENT Amendment of the Partnership Agreement. RUPA section 401(j) provides that an amendment to the Partnership Agreement will require the consent of all Partners. RUPA § 401(j), 6 U.L.A. 133. Although it is possible to depart from this rule, as the Partnership Agreement constitutes the essential bargain between the parties, departing from a rule of unanimous approval will seldom be appropriate. The drafter may also determine that certain provisions of the Partnership Agreement will require unanimous consent for amendment, while other provisions may be amended by majority (or higher) consent. In large partnerships, it may be appropriate to include... To review the complete excerpt, click here Purchase this book online For a complete listing of The Section of Business Law publications click here.  BACK TO INDEX

State Regulation of Securities Committee

This Committee's three principal objectives are to (1) monitor and comment on changes in state regulatory policy, particularly uniform policies proposed by the North American Securities Administrators Association ("NASAA"), (2) disseminate timely information on changes in State securities laws, Canadian provincial securities laws, and federal securities laws (to the extent they impact state law), to the Committee's members, (3) participate with the Committee on Federal Regulation of Securities and the Small Business Committee in responding to and commenting on the SEC's Small Business Initiatives. The enactment of the National Securities Markets Improvement Act of 1996 which preempts and modifies some aspects of state securities regulation has increased the areas of interaction between federal and state securities law. The Committee expects to continue its efforts to assist in the coordination of state laws to ensure compatibility with the SEC's Small Business Initiatives and other SEC proposals which would impact state securities regulation. The Committee also publishes the Blue Sky Bugle newsletter three times a year and a subscription is included at no additional cost to committee members. To learn more about the work of the State Regulation of Securities Committee, click here. To join the State Regulation of Securities Committee, click here. Section members are eligible to join the Section’s committees at no additional cost.  BACK TO INDEX

1st Annual Business Bar Leaders Conference

On May 6-7, the Section of Business Law hosted the inaugural Business Bar Leaders Conference in Chicago. This conference is designed to facilitate an ongoing interactive exchange of ideas and best practices amongst national minority, state and local business law bar leaders. In all, a total of 32 bar organizations from all over the country participated in this first-ever conference. Session topics included: Communications, Business Law Ethics, Member Services, Membership Development and Legislative Strategies. In addition, participants provided topics for a range of roundtable breakout sessions, which included: Business and Corporate Litigation, Pro Bono, An Introduction to the Texas Business Organizations Code, Corporate Laws, Diversity and E-Commerce. The luncheon address, which covered the importance of business lawyer involvement in the organized bar, was delivered by ABA President Alfred P. Carlton, Jr.  BACK TO INDEX

2003 Business Law Annual Meeting CLE Passports

As you begin to make your San Francisco ABA Annual Meeting Plans, remember to simplify your life and further reduce your cost of attending Business Law Section CLE programs with a Section of Business Law CLE Passport. For only $175, your Business Law CLE Passport is good for unlimited access to all 40+ Business Law Section CLE programs held at the Section’s headquarter hotel, The Fairmont. Additional Passport Value! The Section of Business Law has also entered into an agreement with the Antitrust Law Section, Real Property, Probate and Trust Section and the International Law Section whereby each section will recognize the passport of the other Section and allow its holders admission to any CLE program sponsored by either Section. For additional details, click here  BACK TO INDEX

Upcoming Meetings

	2003 National Conference for the Minority Lawyer   Philadelphia, PA, June 5-6, 2003 - The fifth annual National Conference for the Minority Lawyer will be held in Philadelphia, PA. The event, geared for business lawyers, litigators, in-house counsel and government lawyers, includes a combination of practical training sessions, networking opportunities, and cutting-edge, substantive CLE programs designed specifically for minority business lawyers and litigators. For more information or to register online, visit the website. Sponsored by the ABA Section of Business Law and Commission on Racial and Ethnic Diversity in the Profession.
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2003 Conference for Corporate Counsel   Washington, DC, June 12-13, 2003 - The 2003 Conference for Corporate Counsel: The Changing Role of the Corporate Lawyer will be held at the Park Hyatt in Washington, DC on June 12-13, 2003. This conference offers a unique opportunity for corporate counsel to come together to discuss the changing role of the corporate lawyer. We hope you are able to join us for this important event. For more information, visit the website.

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2003 ABA Annual Meeting – San Francisco – August 7-12   Mark your calendars! The 2003 ABA Annual Meeting will take place August 7-12 in San Francisco, CA. The Section of Business Law will be headquartered at the Fairmont Hotel, 950 Mason Street, Nob Hill. The Annual Meeting will give you the opportunity to attend 40+ information-packed Business Law CLE sessions, and participate in your choice of 200+ committee and subcommittee meetings. Committee meetings allow you to network with colleagues who share your interests and concerns, and get updates on current trends, developments and solutions from the leading authorities in your specific practice area. Your registration fee of $275 ($175 early bird if you register by 5/30/03) plus your purchase of a Business Law CLE Passport at $175 will give you unlimited access to all 40+ Business Law Section CLE programs held at the Fairmont Hotel, as well as special reciprocal access to CLE programs presented by the Antitrust Law Section, the International Law Section and the Section of Real Property, Probate and Trust. To learn more about the ABA Annual Meeting or to register, click here If you plan to register, remember to save money by purchasing a Section of Business Law CLE Passport!

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