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    Business Law Section Annual Meeting Program Wednesday, January 24
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  • Events
    • Business Law and Corporate Counsel Section Meeting

      BUSINESS LAW AND CORPORATE COUNSEL SECTION MEETING

      Wednesday, January 24, 2018 9:00 AM
      9:00 AM - 12:30 PM
      Total MCLE Credits: 3.50 (Professional Practice 2.00, Ethics 1.00, LPM 0.50)
      #nysba18

      Register Here or Download The Registration Form Here.

      Topics: (see below for complete agenda)

      • Whistleblowers, Reporting Up, and the Professional Rules of Ethics
      • FCPA Compliance – A Case Study
      • IBM Watson and the future of compliance systems
      • Compliance Officers: Heroes or Scapegoats – The Rigors of Compliance 

      3.5 Total MCLE Credits: 1.0 Ethics | 0.5 LPM | 2.0 Professional Practice (Non-Transitional) 


      OVERVIEW OF Schedule

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

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

      Morning MCLE Program (Agenda below)
      9:00 a.m. | Regent, 2nd Floor

      Reception and Luncheon (details and registration)
      12:30 p.m. | Murray Hill East, 2nd Floor

      Business Law Section Committee Meetings
      1:45 p.m. and 3:30 p.m.  (details and registration)

      Section Chairs
      Kathleen A. Scott, Esq., Norton Rose Fulbright US LLP, New York (Business Law Section)
      Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution & Management Services, Inc., New York (Corporate Counsel Section)

      Program Chairs
      Peter W. LaVigne, Esq., Goodwin Procter LLP, New York (Business Law Section)
      Jessica D. Thaler-Parker, Esq., Credit Suisse, New York (Corporate Counsel Section)

      MCLE PROGRAM AGENDA


      9:00-9:15 a.m.
      Welcoming Remarks
      Kathleen A. Scott, Esq., Norton Rose Fulbright US LLP, New York
      Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution & Management Services, Inc., New York (Corporate Counsel Section)

      9:15-10:05 a.m.
      Whistleblowers, Reporting Up, and the Professional Rules of Ethics (1.0 credit in Ethics & Professionalism)

      With the expanding reach of information and the economic times in which we live, job safety and professional responsibility may be at odds. Our panelists will discuss the ethical rules protecting whistleblowers, the rules for “reporting up,” and an attorney’s professional and ethical obligations in such instances.

      Greg Keating, Esq., Choate, Boston, MA
      Prof. Bruce A. Green, Louis Stein Center for Law and Ethics, Fordham Law School, New York
      Kathleen A. Scott, Esq., Norton Rose Fulbright US LLP, New York
      Pery D. Krinsky, Esq., Krinsky, PLLC, New York

      10:10-10:35 a.m.
      FCPA Compliance – A Case Study (0.5 credit in Areas of Professional Practice

      What is the Foreign Corrupt Practices Act and how does it impact financial institution? Our panelists will provide an overview of the Act and discuss some of its nuances and applications within the financial industry

      Thomas Joseph Koffer, Esq., Credit Suisse, New York
      Derek A. Cohen, Esq., Goodwin Procter LLP, New York
      Peter W. LaVigne, Esq., Goodwin Procter LLP, New York

      10:40-11:05 a.m.
      IBM Watson and the future of compliance systems (0.5 credit in Law Practice Management

      IBM has developed a cloud solution that streamlines the process of managing regulatory compliance. Our panelists will discuss how it works and how it assists attorneys and their companies with management, oversight and deployment of their compliance
      programs.

      Grace Brasington, IBM Corporation, Armonk
      Peter W. LaVigne, Esq., Goodwin Procter LLP, New York

      11:05-11:05 a.m.
      Break

      11:15 a.m.-12:30 p.m.
      Compliance Officers: Heroes or Scapegoats – The Rigors of Compliance (1.5 credits in Areas of Professional Practice)

      With the ever-changing regulatory landscape, more and more has fallen to compliance officers. Our panelists will discuss the often tough position they are in, especially when there are violations of regulations or policies, and how they can benefit or
      protect an organization.

      Maura A. King, Esq., King Compliance Services LLC, Rhinebeck
      Darian M. Futrell, Esq., Goldman Sachs, New York
      Julie DiMauro, Esq., Thomson Reuters, New York
      Jessica D. Thaler-Parker, Esq., Credit Suisse, New York

      Be sure to register for the BLS/Corp Counsel Sections' luncheon following, along with one or more BLS Committee meetings.

      Download program flyer (PDF)


      IMPORTANT INFORMATION
      Under New York’s MCLE rule, this program has been approved for a total of 3.5 credit hours (1.0 in Ethics and Professionalism, 2.0 in Areas f Professional Practice, and 0.5 in Law Practice Management). 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 or on the web at www.nysba.org/am18accomm. The rate will be based on room selection (single/double occupancy) and arrival/departure dates with additional taxes and hotel fees. The discounted rate for January 21st and January 22nd is $179 per night. The discounted rate for January 23rd through January 28th is $229 per night. A rate of $209 will be offered to those with overlapping dates. Rates and availability are not guaranteed after December 29, 2017.

      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.

    • Business Law Committees AM 2018

      BUSINESS LAW SECTION COMMITTEE MEETINGS AT ANNUAL MEETING

      January 24, 2018 (Wednesday)

      New York Hilton Midtown - 1335 Avenue of the Americas, New York, NY 

      9am-12:30pm    Business Law & Corporate Counsel Sections’ MCLE program (details and registration)

      12:30-1:45pm    Reception and luncheon (details and registration)

      1:45-5:00pm      Committee meetings (details below -- register online)

      BLS Committee meeting registration is separate from NYSBA Annual Meeting registration.

      Business Law Section Committee Meetings: 

      Block 11:45-3:15pm

      • Banking Law Committee
      • Business Organizations Law Committee (new committee!)
      • Not-for-Profit Corporations Law Committee
      • Technology & Venture Law Committee    

      Block 23:30-5:00pm

      • Bankruptcy Law Committee
      • Mergers & Acquisition Committee (new committee!)
      • Securities Regulation Committee

      The Franchise, Distribution & Licensing Law Committee meeting previously scheduled for this time has been cancelled.

      REGISTER FOR ONE OR MORE BLS COMMITTEE MEETINGS >

      There is no charge for NYSBA members to attend this Committee program ($25 for non-members, or contact businesslaw@nysba.org to inquire about attending as a first-time guest). Annual Meeting registration is not required to attend this committee event.

      Register online, or register by phone during business hours (8:45am-4:45pm) by calling the Member Resource Center at 800-582-2452. Please reference event code BUSJA18, and indicate which committee meeting/s you plan to attend.

      Want to join a BLS Committee as a member? There is no cost to join if you are a NYSBA and Business Law Section member. View BLS committee details 


      COMMITTEE MEETING DESCRIPTIONS (ALPHABETICAL LISTING - TIMES INDICATED):

      Full descriptions will be posted as available.

      Banking Law Committee (1:45-3:15pm)

      Selected Topics in the Regulatory World
      1.5 MCLE credits in Areas of Professional practice for experienced attorneys (admitted more than 2 years)

      • Developments in the Business Judgment Rule: This presentation will focus principally on two issues.  First, the decision of the Delaware Supreme Court in In re Investors Bancorp Stockholders Litigation, decided on December 13, 2017. Second, the increasingly rabid encroachment on the business judgment rule by litigation involving the boards of residential cooperatives and condominium. Speaker: Jay Hack, Esq., Gallet Dreyer & Berkey, LLP , New York, NY
      • Changes coming to the Community Reinvestment Act: The Community Reinvestment Act at 40: Warren will discuss the state of the law and its enforcement, with a focus on U.S. Treasury Department proposals to reform and modernize CRA regulation and examination.  Included will be a discussion of the relationship between CRA and anti-discrimination laws like the Fair Housing Act and Equal Credit Opportunity Act and proposed changes to appropriate assessment area delineation. Speaker: Warren W. Traiger, Esq., Buckley Sandler LLP, New York, NY
      • Dynamic CMS - Quantifying Risk and Mitigating Legal Exposure: The presentation will provide a high level overview of the attorney's role in creating and successfully using compliance management in an ever-changing legal environment. Speaker: Scott E. Wortman, Esq., Blank Rome LLP, New York, NY 

      Bankruptcy Law Committee (3:30-5:00pm)

      Topic: 2017: The Bankruptcy Year in Review

      The program will address interesting bankruptcy cases decided over the past year, from the U.S. Supreme Court to local Bankruptcy Courts.   

      Presenters:   
      Matthew V. Spero, Esq., Rivkin Radler LLP, Uniondale, NY
      Adam P. Wofse, Esq., Lamonica, Herbst & Maniscalco LLP, Wantagh, NY 

      This will be a non-CLE presentation. 

      Business Organizations Law Committee (1:45-3:30pm)

      A meet-and-greet, discussion of upcoming topics for the newly-reformed Business Organizations Law Committee (formerly the Corporations Law Committee), and update on the Business Law Section’s examination of the New York LLC Law with potential future recommendations for amendment. Attend to meet fellow members (even if you are only curious about joining) and lend your thoughts on how the committee can add value to your practice in 2018. Chair, Matthew Moisan, Esq.

      This will be a non-CLE meeting.

      Mergers & Acquisitions Committee (3:30-5:00pm)

      Topic: Navigating the Cybersecurity Risk in M&A Transactions
      1.0 MCLE credit in Areas of Professional Practice for experienced attorneys (admitted more than 2 years)

      This presentation will discuss M&A implications in cybersecurity, including recent headlines, the current regulatory landscape, major risk factors, due diligence, representations and warranties, indemnification, and insurance. 

      Speaker: David Lallouz, Esq., Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York, NY

      Not-for-Profit Corporations Law Committee (1:45-3:15pm)

      Topic: A View From the Attorney General’s Charities Bureau Enforcement Section 
      1.0 MCLE credit in Areas of Professional Practice for experienced attorneys (admitted more than 2 years)

      This presentation is designed to offer the Nonprofit Bar insight into the priorities and work of the Charities Bureau’s Enforcement Section.  Much of the Section’s work occurs outside of the judicial process, in pre-suit inquiries and investigations that are resolved without the need for litigation.  In the absence of publicly filed pleadings or judicial decisions, it is important for the Nonprofit Bar to understand how the Charities Bureau applies its enforcement authority.  This presentation will cover the following: 

      • the Attorney General’s oversight and enforcement authority over not-for-profit and charitable organizations and the actions, procedures and remedies available to the Attorney General
      • recent actions concerning fraud, negligence or other wrongdoing within the operations of a NFP or charity
      • the Bureau’s Embezzlement Project and guidance on what a NFP is expected to do when it discovers fraud or other malfeasance
      • Operation Bottomfeeder - the Bureau’s network focused investigation of fundraising fraud, which is targeting charities, fundraisers, consultants and auditors
      • the Bureau’s use of data-driven pro-active compliance initiatives, including the Loan Project
      • the Bureau’s focus on the role and obligations of professional advisors to NFPs, including auditors and counsel
      • Q&A.   

      Presenters:  Emily Stern, Esq. and Yael Fuchs, Esq., Co-Chiefs, Enforcement Section of the Charities Bureau, New York, NY

      In the business portion of its meeting following the CLE presentation by the Charities Bureau Enforcement Section, the Committee will review a number of significant issues impacting practitioners, and plan for Committee engagement and activity in these areas.

      Securities Regulation Committee (3:30-5:00pm)

      Topic: Recent Developments in Securities Litigation—2017 Year in Review
      1.5 MCLE credits in Areas of Professional Practice for experienced attorneys only (admitted more than 2 years) 

      William J. O’Brien, Alex Drylewski and Jessica Barcus from the Complex Litigation and Trials group at Skadden, Arps, Slate, Meagher & Flom LLP will discuss several of the most significant securities litigation decisions from 2017, including the impact these decisions might have on practitioners and courts in 2018 and beyond.

      Technology & Venture Law Committee (1:45-3:15pm)

      Topic: Regulation of Virtual Currency, Shares and Tokens    
      1.5 MCLE credits in Areas of Professional Practice for both experienced and newly-admitted attorneys

      This program will take an introductory look at Blockchain technology, its characteristics, applications and uses. The program will also introduce virtual currencies, initial coin offerings and token sales, and will provide a basic overview of U.S. federal and state agencies currently working to regulate them from a tax, securities, commodity, anti-money laundering and other perspectives. 

      Speakers:
      Christopher J.P. Mitchell, Esq. | Law Offices of Christopher J.P. Mitchell, PLLC | New York City
      Michael J. Sussman, Esq.  | Michael J. Sussman, PLLC | New York City

      REGISTER >


      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, please contact Stephanie Bugos at (518) 487-5524 or sbugos@nysba.org.

      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

    • Program Archive: Financial Regulation and Deregulation: What's Next?

      Recorded October 13, 2017 at the Business Law Section's Fall Meeting, New York, NY

      BLS_Fall17_carousel.jpg

      FINANCIAL REGULATION AND DEREGULATION: WHAT’S NEXT?


      6.0 MCLE credits in Areas of Professional Practice
       
      This course has been approved for MCLE credit in New York State for experienced attorneys only (admitted more than 2 years).

      • The Future of Financial Services Regulation
      • Changes in Banking Regulation in the New Administration
      • The Impact of FinTech Innovations on the Delivery of Financial Services
      • Securities Regulation, Deregulation and Enforcement

      Speakers: James P. Bergin, Federal Reserve Bank of New York | David W. Blass, Simpson Thacher & Bartlett | Prof. John C. Coffee, Columbia Law School | Robert L. D. Colby, FINRA | Edward G. Eisert, Orrick, Herrington & Sutcliffe | Ashby G. Hilsman,  FDIC | Daniel S. Kahl, SEC OCIE | Roberta Kotkin, New York Bankers Association | Peter W. LaVigne, Goodwin Procter | Katherine C. Milgram, NYS Office of the Attorney General | Richard H. Neiman, Lending Club | Anastasia T. Rockas, Skadden, Arps, Slate, Meagher & Flom | Seth Rosenbloom, Betterment LLC | Jonathan H. Rushdoony, Office of the Comptroller of the Currency | Kathleen A. Scott, Norton Rose Fulbright US | Manisha M. Sheth, Esq., Executive Deputy Attorney General for Economic Justice |  Subhankar Sinha, PwC | Valerie Szczepanik, Esq., U.S. Securities and Exchange Commission | Maria T. Vullo, Esq., NYS Department of Financial Services

      > Purchase Recording

      NYSBA Member price: $200 | Non-Member Price: $300
      Business Law Section Member Price: $150

      Not a member of the Business Law Section? Dues are only $25 a year with NYSBA membership. Join today to save on this program! Join online, or call the NYSBA Member Resource Center at 800-582-2452.

    • Free Program Archives: Crowdfunding and Cybercrime

      MISSED OUR 2016 ANNUAL MEETING PROGRAM? 

      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)


      PART 1: 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).


      PART 2: 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: Doing Business in New York

      Recorded October 14, 2016: Business Law Section and Corporate Counsel Section Fall Meeting, Albany, NY

      Business/Corporate Fall 2016 Meeting carousel

      Total Credits: 1.5 in Areas of Professional Practice, for experienced attorneys only (admitted more than 2 years).

      Presented by the NYSBA Business Law Section on October 14, 2016, at the Business Law/Corporate Counsel Sections' Joint Fall Meeting in Albany, "Doing Business in NYS: Challenges & Opportunities."

      Topics:

      • I'm Not Lobbying; or Am I?: An overview of New York State's Lobbying Act
      • You Don't Know What You Don't Know: Challenges of Doing Business in New York State

      Also included - a look at NYSBA's Legislative Program and the Department of Governmental Relations (non-CLE bonus segment)

      NYSBA Member price: $50 | Non-Member Price: $75
      Business Law Section or Corporate Counsel Section Member Price: $35

      Not a member of the Business Law or Corporate Counsel Sections? Dues are only $25 (Business) and $30 (Corporate Counsel) per year with NYSBA membership. Join today to save on this program! Join online: Corporate Counsel | Business Law or call the NYSBA Member Resource Center at 800-582-2452.

      VIEW DETAILS >


      See also: Emerging Technology, Automation and Ethics (Corporate Counsel Section panel recorded October 14/2016)
      1.5 MCLE credits in Ethics, for experienced attorneys - Discount for Business Law Section and Corporate Counsel Section members


      Bonus segment (Free)
      Keynote Luncheon Address: "Building Smarter Cities: Trends, Research & Lessons Learned"
      Speaker: Meghan Cook, Program Director for the Center of Technology in Government, University at Albany
      > View Keynote Address

  • 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
    Mergers and Acquisitions 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

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    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