Business Law Home

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    Welcome to the Business Law Section!
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    Are you connected? Learn more about the Business Law Section's online Community - Free to members! (click image for details)
  • AM17 Register Soon Slider
    Business Law Section Annual Meeting Program - January 25, 2017
  • Crowdfunding AM16
    Free program recording for Business Law Section members! Crowdfunding: How to Succeed in Business after Really Trying to Raise Capital (click image for details)
  • Events
    • Business Law and Corporate Counsel Section Annual Meeting

      Wednesday, January 25, 2017 9:00 AM
      9:00 AM - 12:30 PM
      MCLE Credits: 3.5 in Areas of Professional Practice (non-transitional)
      #nysba17

      Register Here or Download The Registration Form Here.

      View/download the Program Flyer

      Business Law Section Executive Committee Meeting
      7:30 a.m. | Madison, 2nd Floor

      Corporate Counsel Section Annual Meeting and Executive Committee Meeting, Election of Officers, Committee Members and Delegates 
      8:00 a.m. | Hudson, 4th Floor

      Morning MCLE Program 
      9:00 a.m. | Regent, 2nd Floor

      BUSINESS LAW SECTION CHAIR
      Sarah E. Gold, Esq., Gold Law Firm, Albany 

      CORPORATE COUNSEL SECTION CHAIR
      Jeffrey P. Laner, Esq., Law Firm of Jeffrey P. Laner, New York 

      BUSINESS LAW SECTION PROGRAM CHAIR
      Kathleen A. Scott, Esq., Norton Rose Fulbright US LLP, New York

      CORPORATE COUNSEL SECTION PROGRAM CO-CHAIRS
      Steven G. Nachimson, Esq., Compass Group USA, Inc., Rye Brook
      Howard S. Shafer, Esq., Shafer Glazer, LLP, New York

      AGENDA

      9:00-9:15
      Welcoming Remarks
      Sarah E. Gold, Esq., Jeffrey P. Laner Esq., and Kathleen A. Scott, Esq.

      9:15-10:55
      The Attorney’s Role in Promoting a Strong Corporate Culture

      In the wake of the global financial crisis and recent well-publicized incidents of improper or unethical conduct in the business world, business lawyers and their clients are increasingly focusing their attention on the broader question of a corporation’s culture. The concern is not merely whether the corporation is complying with an ever-increasing burden of law and regulation, but whether its internal culture promotes ethical behavior toward its stakeholders and mitigation of potential threats to its reputation. Is the focus on short-term profit or service to its customers? Are its employees given the proper incentives to assure they will act in the best longer term interests of the company? Is there a “tone at the top” that emphasizes ethical behavior as well as compliance with law? Companies are increasingly turning to their attorneys to address these and similar questions. Our three distinguished panelists are recognized thought leaders and sought-after advisers who will share their insights from a lifetime of experience in dealing with these questions.

      Thomas Baxter. Esq., Sullivan & Cromwell, New York; formerly General Counsel and Executive Vice President of the Federal Reserve Bank of New York
      H. Rodgin Cohen, Esq.
      , Senior Chairman, Sullivan & Cromwell, New York
      Prof. Bruce A. Green
      , Director of the Louis Stein Center for Law and Ethics, Fordham Law School, New York

      Moderator: David L. Glass, Esq., Macquarie Group Ltd., New York 

      10:55 – 11:10 a.m.
      Break 

      11:10-12:30
      Overzealous Employees and the Internal Investigation—What’s a Corporate Counsel To Do?
      Building Blocks for an Effective Investigation

      With internal investigations now in the news regularly, bridging the gap between corporate culture and internal investigations is key. Join us as we prepare for and conduct the internal investigation. Our panel will address relevant topics, including dealing with outside counsel and internal clients, employee self-help, reporting relationships, training policies, and significant relevant case law.

      Mitchell F. Borger, Esq., Assistant General Counsel, Law Department, Macy’s, Inc., New York
      Martin Grant, Esq.
      , Chief Compliance Officer, the Federal Reserve Bank of New York, New York
      Kenneth G. Standard, Esq.
      , Epstein Becker & Green, P.C., New York; Past President, New York State Bar Association
      Sheila A. Woolson, Esq.
      , Epstein Becker & Green, P.C., New York

      Moderator: Evan J. Spelfogel, Esq., Epstein Becker & Green, P.C., New York 

      12:30 p.m. 
      Program Concludes

      12:30 p.m. 
      Reception and Luncheon – Murray Hill East, 2nd floor 



      BUSINESS LAW SECTION COMMITTEE PROGRAMS

      Open to all NYSBA members (Pre-registration required)

      1:45 - 3:30pm | Committee Session 1  (choose one)
      • Banking Law Committee | Hot topics in the banking industry
      • Not-for-Profit Corporations Law Committee | Recent legislation
      • Technology & Venture Law Committee | Copyright Headaches for Lenders and Borrowers: How to Avoid Losing Copyright Collateral

      3:30 - 5:00pm | Committee Session 2 (choose one)
      • Bankruptcy Law Committee | Alternatives to Filing Bankruptcy Petitions: Assignments for the Benefit of Creditors
      • Franchise, Distribution & Licensing Law Committee | Put a Muzzle on it! Dealing with the Media in Crisis
      • Insurance Law Committee | Issues of interest in the InsurTech space

      > View Committee program details and register


      IMPORTANT INFORMATION

      Under New York’s MCLE rule, this program has been approved for a total of 3.5 credit hours in Areas of Professional Practice. This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program.

      Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 13, 2017. For more details, please contact Stephanie Bugos in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or sbugos@nysba.org.

      Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Stephanie Bugos at 518-487-5524. 

      For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. Room rates are $260.00 per night plus taxes for single and double occupancy.  Reservations must be made by Wednesday, January 4, 2017. You also can reserve your overnight room on the web at www.nysba.org/am17accomm.

      For questions about this specific program, please contact Stephanie Bugos at 518-487-5524. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.

    • AM2017BLS Committee Meetings

      The following Business Law Section Committee events will be held in conjunction with the Section's Annual Meeting program (view Section program details).

      Not a Committee member? Here's the perfect chance to check out a Committee meeting in your area of practice. All NYSBA members are welcome (pre-registration required). 

      January 25, 2017
      New York Hilton Midtown | 1335 Avenue of the Americas, New York, NY

      1:45 - 3:30pm 
      COMMITTEE MEETINGS - Session 1  (choose one)

      Banking Law Committee | Hot topics in the banking industry
      Not-for-Profit Corporations | 2016 Amendments to the Not-for-Profit Corporation Law
      Technology & Venture Law Committee | Copyright Headaches for Lenders and Borrowers: How to Avoid Losing Copyright Collateral

      3:30 - 5:00pm 
      COMMITTEE MEETINGS - Session 2 (choose one)

      Bankruptcy Law Committee | Alternatives to Filing Bankruptcy Petitions: Assignments for the Benefit of Creditors
      Franchise, Distribution & Licensing Law Committee | Put a Muzzle on it! Dealing with the Media in Crisis
      Insurance Law Committee | Issues of interest in the InsurTech space

      Program Descriptions are below.

      Register online 

      or register by phone during business hours (8am-5pm by calling the NYSBA Member Resource Center at 800-582-2452.  Please reference event code BUSJA17, and indicate which specific meeting/s you would like to attend.

      Cost: these meetings are free to NYSBA members ($25 for non-members), but space is limited and pre-registration is required.  (First-time attendee?  If you are not a NYSBA member and have never attended a Business law Section Committee event before, we invite you to attend as our guest.  Please contact businesslaw@nysba.org to register as a guest.) For more information about the Business Law section or to join, visit www.nysba.org/Business. If you are already a member, join a Committee! (There is no required time commitment.)

      Don't forget to register for the Business Law Section's Annual Meeting program and luncheon!  View Section Meeting Details and Registration.  (Annual Meeting registration is not required in order to attend the above Committee programs.)

      Questions? Contact Kathy Plog at (518) 487-5681 or email business@nysba.org  


      COMMITTEE PROGRAM DESCRIPTIONS:


      Banking Law Committee

      This meeting will discuss hot topics in the banking industry

      • Fintech - Discussion of bit coin, block chain, smart contracts and OCC Fintech charter - Kathleen Scott (Norton Rose Fulbright) and Jason Rozovsky (R3)
      • NYS Power of Attorney Legislation - Tanweer Ansari (Committee Chair and CCO of The First National Bank of Long Island)
      • Zombie Housing Legislation and Foreclosure Bill of Rights - Jay Hack (Gallet Dreyer & Berkey, LLP)

      Bankruptcy Law Committee

      Alternatives to Filing Bankruptcy Petitions: Assignments for the Benefit of Creditors

      Speakers are: Jeffrey Bernstein of McElroy, Deuttsch, Mulvaney & Carpenter, LLP; David Barrack of Polsinelli; and Steven Mitnick of SM Law PC

      Franchise, Distribution and Licensing Law Committee

      Put a Muzzle on it! Dealing with the Media in Crisis

      How do you counsel a client when the media is breathing down their neck for a statement about a law suit filed against their business? What do you do when an animal rights group attacks their brand? What is the plan when a customer uses social media to bad mouth your client? How should franchisees or business clients be counseled to respond to questions about unexpected and damaging company news?

      Despite working hard to mitigate any chance of negative news or online banter, the truth is it happens. When these unfortunate instances arise, businesses need to work closely with legal counsel and quickly take action to provide a plan to respond, often before the media even takes interest. Being prepared with a crisis communications plan is the key to alleviating worry, preventing further discussion or media coverage and protecting brands. This session will focus on best practices for the lawyer and client and how to deal with the problem - or avoid it all together. 

      Our speaker is industry leader Jamie Izaks of All Points Public Relations (view bio). Mr. Izaks focuses his representation on companies in the franchise and licensing world, but the content of the presentation is applicable both to franchise lawyers and to attorneys who represent other fields of business.

      This will be a non-CLE program.

      Insurance Law Committee

      In this Insurance Law Committee Program, lawyers and bankers following the FinTech Industry will lead a discussion of issues of interest in the burgeoning InsurTech space. Marilyn Lion, Committee Chair (Debevoise & Plimpton LLP)

      Speakers are as follows:  
      Mauro Rossi (Perella Weinberg Partners)
      Samuel Procter (Debevoise & Plimpton LLP)
      Rebecca Sayles (Debevoise & Plimpton LLP)

      Topics will include:
      Trends in insurance technology from distribution to big data;
      Trends and legal considerations as insurance companies invest in and partner with InsurTech start-ups; and
      Regulatory perspectives on innovation in the insurance industry.

      Not-for-Profit Corporations Law Committee

      2016 Amendments to the Not-for-Profit Corporation Law

      The Program will focus on the 2016 Amendments to the Not-for-Profit Corporation Law and the substantial impact the amendments will have on all non-profit entities.  The Program will analyze the impact of the new definitions of “key person” and “independent director” and the exceptions provided to the “related party transaction” and “independent director” definitions, as well as the new procedures and provisions with respect to committees of the board and committees of the corporation.  The 2016 Amendments are a response to many of the issues resulting from the Nonprofit Revitalization Act of 2013.

      Speakers:
      Sean Delany, Esq. - Lawyers Alliance
      Michael A. de Freitas, Esq. - William C. Moran & Associates, P.C.
      Josh Gewolb, Esq. - Harter, Secrest & Emery
      David Goldstein, Esq. - Certilman Balin
      Frederick G. Attea, Esq. - Phillips Lytle LLP

      Technology & Venture Law Committee

      Copyright Headaches for Lenders and Borrowers: How to Avoid Losing Copyright Collateral

      Speaker: Robert W. Clarida, Esq. , Reitler, Kailas & Rosenblatt LLC


    • Free Program Archive: Crowdfunding

      MISSED OUR ANNUAL MEETING PROGRAM ON CROWDFUNDING? 

      Never fear... We recorded it!

      Now available free for Business Law and Corporate Counsel Section members. (If you're not a Business Law Section member... Why not join? Dues are just $25 with NYSBA membership. Join online, or call 800-582-2452, M-F, 8am-5pm)


      CROWDFUNDING: HOW TO SUCCEED IN BUSINESS AFTER REALLY TRYING TO RAISE CAPITAL

      All the general business lawyer needs to know about Crowdfunding but is too busy to ask

      Crowdfunding AM16

      Presented by the Business Law Section at the NYSBA Annual Meeting in New York City, January 27, 2016. 

      1.5 credits in Areas of Professional Practice for both experienced and newly-admitted attorneys
      Those who attended the live presentation are not eligible to receive credit twice.

      So your client wants to use Crowdfunding to raise capital . . . A practical presentation in the form of a client conference to explore how businesses can raise capital under the SEC's new crowdfunding regulations. This presentation is designed primarily for the general business law practitioner representing small businesses or small investors.

      > ACCESS THE RECORDING

      Business Law Section Member Access Instructions: Please log in to your NYSBA member record before attempting to access the recording. Once you do so, the "Your Price" listing at the bottom of the page of the access link will show as $0. Add the program to your cart and check out as you would for an ordinary purchase, but you will not be asked for payment, and you will not be charged (BLS members only). Non-Section members will be charged the member/non-member fees indicated.

      For log-in assistance, visit the log-in help page, or call the NYSBA Member Resource Center at 800-582-2452 (M-F, 8am-5pm).

    • Free Program Archive:Cybercrime

      MISSED the ANNUAL MEETING PROGRAM ON CYBERCRIME? 

      Never fear... We recorded it!

      Now available free for Business Law and Corporate Counsel Section members. (If you're not a Business Law Section member... Why not join? Dues are just $25 with NYSBA membership. Join online, or call 800-582-2452, M-F, 8am-5pm)


      CYBERCRIME - BEFORE AND AFTER

      Key Legal and Strategic Considerations and Practical Tips on How Organizations Can Navigate Issues of Civil Liability, Regulatory Enforcement and Criminal Prosecution.

      Presented by the Corporate Counsel Section at the NYSBA Annual Meeting in New York City, January 27, 2016. 

      2.0 credits in Areas of Professional Practice for both experienced and newly-admitted attorneys
      Those who attended the live presentation are not eligible to receive credit twice.

      > ACCESS THE RECORDING

      Business Law Section Member Access Instructions: Please log in to your NYSBA member record before attempting to access the recording. Once you do so, the "Your Price" listing at the bottom of the page of the access link will show as $0. Add the program to your cart and check out as you would for an ordinary purchase, but you will not be asked for payment, and you will not be charged (BLS members only). Non-Section members will be charged the member/non-member fees indicated.

      For log-in assistance, visit the log-in help page, or call the NYSBA Member Resource Center at 800-582-2452 (M-F, 8am-5pm).

    • Program Archive: 2016 Public Utility Law Institute

      RECORDED PROGRAM: 2016 PUBLIC UTILITY LAW INSTITUTE

      Energy Summit Slider

      6.0 Total MCLE Credits: 4.0 in Areas of Professional Practice; 2.0 in Ethics and Professionalism (for experienced attorneys only)

      The 2016 Public Utility Law Institute was presented by the Public Utility Law Committee of the Business Law Section on April 7, 2016. Co-Sponsored by: Environmental Law Section and Local and State Government Law Section

      MCLE Topics:

      • Decision on Verizon FOIL Request
      • State and Federal Jurisdiction Issues
      • Clean Power Plan
      • Ethics

      TWO FREE BONUS SEGMENTS! (non-CLE)

      Cost:
      NYSBA Member Price: $200 | Non-Member Price: $300
      Section Member Price: $90 (Member of the Business LawLocal and State Government Law or Environmental Law Sections)

      Details and Purchase >

      Not a member of the Business Law Section? NYSBA members can join for just $25. Join online or call 800-582-2452.


  • Committees

    Committees that Enhance Your Expertise

    Business Law Section committees address unique issues facing attorneys, the profession and the public. Committees allow you to network with other business law attorneys from across the state, and give you the opportunity to research issues and influence the laws that can affect your practice. Committees are also an outstanding way to achieve professional recognition.

    Banking Law Committee
    Bankruptcy Law Committee
    Corporations Law Committee
    Derivatives and Structured Products Law Committee
    Diversity Committee
    Franchise, Distribution and Licensing Law Committee
    Insurance Law Committee
    Legislative Affairs Committee
    Not-for-Profit Corporations Law Committee
    Public Utility Law Committee
    Securities Regulation Committee
    Technology and Venture Law Committee

    Join a Committee

    Committee membership is a free benefit of Business Law Section membership. If you are a current Section member, you may join one or more committees by emailing your request to businesslaw@nysba.org.

    If you are not yet a Section member, you may join the Business Law Section here

  • NY Business Law Journal

    View the Latest NY Business Law Journal

    The NY Business Law Journal features peer-written substantive articles relating to the practice of business law. It is designed to provide practice-oriented insight and guidance relevant to the business law practitioner, with special emphasis on lawyers who practice in the State of New York. The NY Business Law Journal is published twice per year by the Business Law Section and distributed to Section Members free of charge.

    Read Now >

  • Community

    New! Business Law Section Private Online Professional Community

    Networking Illustration Slider

    We are pleased to announce the launch of an Internet-based private online professional Community for the Business Law Section. We invite you to participate. Members of our Section run the gamut from law students and newly admitted attorneys who are just finding their way all the way to national and international experts in many categories of business law. We want all of you to share your experiences and your knowledge while also being free to ask questions of others in the Section and participating in the intellectual discourse we hope to generate. 

    The Community is private for BLS members only. (Not a member? Dues are only $25/year with NYSBA membership: Join here.) Commercial search engines are excluded and only BLS members can search the site or identify other members.

    As an exciting additional feature of the BLS Community, we have created sub-Communities for our practice area committees. If you are a member of the BLS, you can access all of the committee discussions and information. If you join that committee, you can post on that committee’s sub-Community. You can also elect to get real time or daily summary emails of all new discussion posts on the BLS Community and any sub-Communities you select.

    Learn about NYSBA's private online professional Communities (video)

    View FAQs about the Business Law Section Community (PDF)

    > Enter the Business Law Section Community