Business Law Home

  • BLS Spring 16 Slider
    Business Law Section Spring Meeting | May 13, 2016, NYC Keep current on the inner workings of business law and connect with colleagues in your field! (Click image for details)
  • 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)
  • Business Law Section Diversity - Photo 1
    Welcome to the Business Law Section!
  • BLS Communities Slider
    Introducting the Business Law Section Community Learn more about our new private online community! (click image for details)
  • Events
    • May 13, 2016: Business Law Section Spring Meeting

      BUSINESS LAW SECTION SPRING MEETING

      May 13, 2016 | New York, NY

      BLS Spring 16 Slider
      Keep current on the inner workings of business law and connect with colleagues in your field! 

      Harvard Club of New York City
      35 West 44th Street (btw. 5th & 6th Ave)
      New York, NY 10036

      Cost: 
      Business Law Section Members:
       Committee Programs: Free (registration required) | Section Luncheon: $35
      Non-Section members: 
      Committee Programs: $30 each | Section Luncheon: $75 

      REGISTER ONLINE >

      or call the Member Resource Center at 800-582-2452 (M-F, 8am-5pm) with event code BUSSP16.

      For questions, contact businesslaw@nysba.org or call Kathy Plog at (518) 487-5681.

      First-time attendee? If you are not a member and have never attended a Business Law Section Committee event before, we invite you to attend your first time as our guest. Committee programs will be free for first-time attendees, and regular charges apply to the lunch. To register for a committee program as a guest, please contact businesslaw@nysba.org or call Kathy Plog at (518) 487-5681.

      Not a member of the Business Law Section? Join today! Dues are just $25 with NYSBA membership. Join online, or call (800) 582-2452 (M-F, 8am-5pm).


      AGENDA:

      10:30am-Noon: Committee Programs (Block 1) - Choose One
      Insurance Law Committee: Cybersecurity Issues
      Not-for-Profit Corporations Law Committee: Discussion on pending NFPLC legislation and issues not addressed by recent legislation
      Private Investment Funds: Social Media and Crisis Management

      Noon-1:30 pm: Section Reception and Luncheon

      1:30-3:00 pm: Committee Programs (Block 2) – Choose One
      Banking Law Committee: Regulatory Roundup 2016
      Bankruptcy Law Committee: Current Bankruptcy Topics and Trends:  Oil & Gas, Equitable Mootness, Education and Even Marijuana
      Technology  & Venture Law Committee: Music Licensing Online: Who Pays for What? and Deal Terms vs. Valuation—the effect that terms and funding rounds have on payout structures and exit hurdles 


      PROGRAM DESCRIPTIONS: (ALPHABETICAL BY COMMITTEE NAME)

      Banking Law Committee: 
      Regulatory Roundup 2016

      A panel of regulators and others discuss legislative and regulatory developments in the banking world.

      Speakers: 
      Roberta Kotkin, Esq., New York Bankers Association
      Ashby Hilsman, Esq., Federal Deposit Insurance Corporation
      James Bergin, Esq., Federal Reserve Bank of New York
      Jason Almonte, Esq., Office of the Comptroller of the Currency
      Kathleen Scott, Esq., Norton Rose Fulbright US LLP

      1.5 MCLE credits are anticipated (Areas of Professional Practice, for attorneys admitted 2 years or more).

      Bankruptcy Law Committee: 
      Current Bankruptcy Topics and Trends:  Oil & Gas, Equitable Mootness, Education and Even Marijuana

      Speakers:
      Jeffrey Bernstein, Esq. - McElroy, Deutsch, Mulvaney & Carpenter, LLP
      Nicole Leonard, Esq. - McElroy, Deutsch, Mulvaney & Carpenter, LLP
      Michael Riela, Esq. - Vedder Price P.C.

      • Equitable Mootness:  Equitable mootness can be described as a judge-made abstention doctrine that is based on an unwillingness to alter the outcome of a plan of reorganization that has been substantially consummated, where it would be inequitable to do so.  Courts may apply equitable mootness where the reversal of an order confirming a substantially consummated plan could affect the expectations of innocent third parties or could otherwise lead to chaos.  Courts have recognized, however, that despite its apparent virtues, equitable mootness is a “judicial anomaly.”  This is because federal courts “have a virtually unflagging obligation” to exercise the jurisdiction conferred on them.  During the last several years, a number of appellate courts have struggled to define the contours of the doctrine of equitable mootness.  Among other cases, the panelists will discuss In re Philadelphia NewspapersIn re SemCrude L.P.In re One2One CommunicationsIn re Tribune Media CompanyIn re Pacific Lumber Co., and In re Sunnyslope Housing L.P., and how these courts have tried to define the scope of equitable mootness.  
      • Legal Issues Related to Oil and Gas Restructurings:  The decline in the price of oil and gas has created economic strain on participants in this industry sector. On some participants, the dislocation has been more severe than on others.  This has resulted in an escalation of the number of bankruptcy proceedings and legal disputes concerning the modification of commercial relationships between counterparties to contracts, such as between commodity producers and businesses that process production in various ways.  Among the cases to be discussed will be In re Sabine Oil & Gas Corp., 2016 WL 890299, __ B.R. __ (Bankr. S.D.N.Y. Mar. 8, 2016), in which the Bankruptcy Court permitted the debtor to reject its contracts with certain midstream operators providing services to the debtor and touched upon provocative arguments from counterparties about why the contracts should not be allowed to be rejected. 
      • Issues Related to Insolvencies of Educational Institutions and Companies and Marijuana-Related Businesses:  In the areas of educational institutions and in marijuana-related businesses non-bankruptcy law bars debtors from relief that is otherwise available under the Bankruptcy Code.  This program will discuss the reasons for these obstacles, recent cases exploring the issues and the direction in which the law seems headed.  Specifically, the following bankruptcy challenges in these specialized industries will be addressed: (a) Educational Institutions:  Title IV of the Higher Education Act of 1965 allows students to receive financial aid.  Many schools rely heavily on the availability of this funding.  However, the funding ends under Title IV once a bankruptcy filing occurs .  Thus, educational institutions dependent on such funding can essentially be deprived of the ability to reorganize under Chapter 11 of the Bankruptcy Code.  The Corinthian College, Inc. case will be discussed among others.  (B) Marijuana-Related Businesses: Can the assets derived from a business that is legal under state law but still constitutes a federal crime be administered in a bankruptcy proceeding?   Is there a basis to dismiss the petition for cause or bad faith based solely on the violation of federal law?  These questions and more will be addressed along with the Tenth Circuit Bankruptcy Appellate Panel case of In re Arenas, among other cases.

      This program is approved for 1.5 MCLE credits in Areas of Professional Practice, for experienced attorneys (admitted 2 years or more). 

      Insurance Law Committee: 
      Cybersecurity Issues

      In this session, Debevoise & Plimpton LLP partner Luke Dembosky, who until recently served as Deputy Assistant Attorney General for National Security at the U.S. Department of Justice, will ‎lead a presentation on cybersecurity, data protection and risk management issues of interest to those who advise insurance companies and other financial institutions. Topics will include: 

      • Emerging cyber threats and considerations when planning for incident response
      • The regulatory landsc‎ape, such as recent developments on cybersecurity matters for institutions subject to regulation by the New York State Department ‎of Financial Services and ‎the work of the NAIC Cybersecurity Task Force, including the NAIC's ‎March 2016 exposure of the Insurance Data Security Model Law
      • ‎Cyber liability insurance

      This program is approved for 1.5 MCLE credit in Areas of Professional Practice, for experienced attorneys (admitted 2 years or more).

      Not-for-Profit Corporations Law Committee:

      At the meeting we will be discussing recent amendments to the Non-Profit Revitalization Act ("NPRA"), pending NPRA legislation, and issues under the NFPCL not addressed by the NPRA.

      Speakers:
      Frederick G. Attea, Esq., Phillips Lytle LLP
      Michael A. de Freitas Esq., William C. Moran & Associates, PC
      David A. Goldstein, Esq., Certilman Balin Adler & Hyman LLP
      Joshua E. Gewolb, Esq., Harter Secrest & Emery LLP
      Michael J. Cooney, Esq., Nixon Peabody LLP

      MCLE credit is anticipated (details to follow).

      Private Investment Funds: 
      Social Media and Crisis Management: Tales and lessons from the front lines of crisis management



      Technology & Venture Law Committee: 
      Music Licensing Online: Who Pays for What? and Deal Terms vs. Valuation—the effect that terms and funding rounds have on payout structures and exit hurdles 

      Speakers: 
      Robert W. Clarida, Esq., Reitler Kailas & Rosenblatt LLC
      Sanjay Gandhi, Esq., Oxford Valuation Partners

      MCLE credit is anticipated; details to follow. 

      Register Online >


      For Public Officials: The New York State Bar Association is registered with the New York State Joint Commission on Public Ethics pursuant to the Lobbying Act to engage in lobbying activities. Consequently, public officials cannot accept certain benefits from the Association. Further information can be obtained by contacting an official's agency ethics officer or the Association at (518) 463-3200. 

      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, contact the Member Resource Center at (800) 582-2452 or mrc@nysba.org. 


    • May 18 Securities Regulation Committee Meeting

      Business Law Section
      Securities Regulation Committee Meeting

      Wednesday, May 18, 2016

      Goodwin Procter LLP
      The New York Times Building
      620 Eighth Avenue, 26th Floor
      New York, New York 

      6:30 p.m. - Cocktails
      6:50 p.m. - Dinner/Committee Administration
      7:20 - 9:00 p.m. -  Program

      Register Online or you may  use the registration form or call the Member Resource Center at 1-800-582-2452 to register over the phone.

      Fees
      Free - Business Law Section Member program only
      $40 - Business Law Section Member dinner and program
      $59 - Non-Business Law Section Member program only*
      $99 - Non-Business Law Section Member dinner and program

      * First time guests are free for the program only.  Contact businesslaw@nysba.org 

      Detailed agenda will be available closer to the meeting.

      For questions, please contact businesslaw@nysba.org 

    • Free Program Archive: Crowdfunding

      MISSED OUR ANNUAL MEETING PROGRAM ON CROWDFUNDING? 

      Never fear... We recorded it!

      Now available free for Business Law Section members. (If you're not a 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).

  • 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! Announcing the Business Law Section's
    Private Online Professional Community

    BLS Communities 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