May 29: Business Law Section Spring Meeting

Business Law Section Spring Meeting 

May 29, 2019 | 10:00am - 4:45pm

Executive Conference Center, 1601 Broadway, Room 701, New York, NY 

Business Law Spring Meeting Image

Updates in: Banking; Bankruptcy; Mergers and Acquisitions; Franchise, Distribution & Licensing Law; Insurance; Securities Regulation, Technology and Venture Law

Registration Fees:
$60 Business Law Section Members | $85 NYSBA Members | $115 Non Members

*Fee includes lunch*

* Not a member of the Business Law Section? Dues are only $25/year with NYSBA membership. Join online or call 800-582-2452 to add the Business Law Section onto your NYSBA membership 

Register Today!


6 MCLE credits for all attorneys | 1.0 Ethics and Professionalism | 5.0 Areas of Professional Practice

    AGENDA

     9:30 a.m. – 10:00 a.m. Registration 

    10:00 a.m. – 10:10 a.m. Welcome and Introductions

    10:10 a.m. – 10:35 a.m. Food Delivery Service Issues
    Franchise Consumers have embraced the convenience and on-demand nature of third-party delivery apps or “aggregators” such as UberEats, DoorDash, SkipTheDishes and GrubHub. This Amazon-like shift in how consumers interact with the QSR and Fast-Casual food industry creates business opportunities and legal challenges for franchisors and franchisees.  How do you select the right aggregator(s) for your system? What should the Franchisor be negotiating with the aggregator for in the master services agreement and franchisee participation agreements? What changes need to be made to standard franchise agreements? Should franchisee participation be voluntary or mandatory? Is there still a place for in-house delivery programs?

    Speakers:
    Breton Permesly, Esq. | 
    Greenberg Traurig, LLP | New York, NY
    James Walker, CFE | Nathans’s Famous | New York, NY

    10:35 a.m. – 11:25 a.m. Liabilities of Individuals for their Business’s Debts
    Review of the circumstances under which stockholders, officers, directors, members or partners of a corporation, LLC or LLP can be held personally liable for debts owed by the business, by (1) agreement (guarantee); (2) judicial decision, or (3) statute. The program will include a review of the judicial doctrines of piercing the corporate veil; breach of fiduciary duty upon insolvency; the corporate opportunity doctrine, and the duty of loyalty and fair dealing; and when there may be personal liability (a) under NY Business Corporation Law Sections 719 and 720; (b) to the IRS and NY State for fiduciary taxes/trust fund taxes (taxes withheld from employees’ wages such as income or social security taxes, which are required to be held in trust for US Treasury or NY State, or taxes collected from customers on sales, which are required to be held in trust for NY State); (c) the Fair Labor Standards Act (FLSA) &.or NY Business Corporation Law Section 630; (d) ERISA; and (e) the Lanham Act. Personal liability for violations of the federal WARN Act will also be reviewed.  

    Speaker:
    Neil Ackerman, Esq. | Ackerman Fox, LLP | East Meadow, NY

    11:25 a.m. – 11:50 a.m. Insurance Law Update 

    Speaker:
    Giancarlo M. Stanton, Esq.
    | Swyfft | Woodbridge, CT

    11:50 a.m. – 12:05 p.m. Break

    12:05 p.m. – 12:55 p.m. Key Considerations in Cross-Border Mergers & Acquisitions Involving U.S. Targets
    In spite of geopolitical tensions, roughly 40% of M&A deals in 2018 was cross-border. This number does not include countless cross-border M&A deals that failed to close for various reasons. This panel will address key legal, tax and business considerations for successful closing of a cross-border investment involving US targets.

    Speakers:
    Melanie Chen
    , Managing Director | UHY, LLP | New York, NY 
    Coco Kee, Managing Director | Kee Global Advisors | New York, NY 
    Ruth Jin, Esq., Partner | Jin & Koppell | New York, NY 

    12:55 p.m. – 2:00 p.m. Networking Lunch, Writing Competition Awards

    2:00 p.m. – 2:50 p.m. Digital Assets and the Securities Laws:  Interaction and Evolution

    Speakers:
    Peter LaVigne, Esq.  | Goodwin Procter, LLP | New York, NY 
    Meghan Spillane. Esq. | Goodwin Procter, LLP | New York, NY 
    Jorge Tenreiro, Esq. | U.S. Securities and Exchange Commission | New York, NY
    This program will discuss steps in the evolution of digital assets, coins or tokens as securities under the securities law.


    2:50 p.m. – 3:20 p.m. Restraining Notices, Information Subpoenas and Levies: Compliance Issues Facing Financial Institutions 
    A review of the requirements for processing restraining notices, information subpoenas and levies applicable to customer deposit accounts, with a focus on the exemption requirements under New York’s Exempt Income Protection Act (EIPA) and the U.S. Treasury Department’s federal garnishment regulation. Recent case law addressing how to apply the EIPA to multiple accounts of the same customer, and the potential liability of financial institutions for failing to comply with the EIPA, will be discussed.

    Moderator:
    Tanweer S. Ansari, Esq. | The First National Bank of Long Island | Glen Head, NY

    Speaker:
    Joe Simon, Partner  | Cullen and Dykman, LLP | Garden City, NY

    3:15 p.m. – 3:30 p.m. Break

    3:30 p.m. – 3:55 p.m. Legal Updates for Emerging-Growth Companies and the Funds That Invest in Them
    • Legal updates that are relevant for emerging-growth companies and capital-raising for emerging-growth companies 
    • Legal and compliance updates for venture capital and other investment funds
    • Cybersecurity updates that are relevant for emerging-growth companies and venture capital and other investment funds

    Speakers:
    Richard Chen
    , Partner | Richard L. Chen, PLLC | New York, NY 
    Christopher S. Edwards, Counsel  | Reitler Kailas & Rosenblatt, LLC | New York, NY 
    Fizza Khan, Chief Executive Officer | Silver Regulatory Associates, LLC | New York, NY 
    Edward Kang, Partner | Edward C. Kang, LLC | New York, NY 

    3:55 p.m. – 4:45 p.m. Attorney Escrow Accounts, IOLA and Ethics.  What Every New Lawyer Needs to Know 

    Speaker:
    Jay L. Hack, Esq. 
    | Gallet Dreyer & Berkey, LLP | New York, NY