Business Law Today’s winter video collection explores topics from sustainable finance to books and records demands, bringing together experts to share cutting-edge insights. The videos delve deeper into in the subjects of CLE programs at the ABA Business Law Section’s recent Hybrid Annual Meeting, talk with authors of newly released business law books, and discuss topical issues relevant to both novices and seasoned practitioners. Watch now!
Read more about the three business law video series and thirteen videos in the collection below.
Practice Area Insights
Bankruptcy filings are currently at historic lows. In this wide-ranging discussion, U.S. Bankruptcy Judge Christopher M. Alston discusses potential drivers of this change, from new state laws to Subchapter V of Chapter 11 of the U.S. Bankruptcy Code, as well as other notable developments and trends in the world of bankruptcy law. The video delves into the continuing effects of the pandemic on bankruptcy and foreclosures; efforts to make bankruptcy courts more diverse; mass tort bankruptcy cases; and more.
In this engaging discussion, Emily V. Burton and Oderah C. Nwaeze explore books and records demands under Section 220 of the Delaware General Corporation Law, which gives stockholders the right to inspect corporate books and records for certain proper purposes. Providing insights from both the stockholder and corporate sides, they discuss everything from the specificity needed for a demand to notable Section 220 litigation and its impact on best practices for corporate record production. They also touch on the role of directors, including the unique dynamics of their inspection rights and when director emails are produced. Throughout, Burton and Nwaeze highlight tips and strategies for the reality of this area of practice.
This discussion with Commodity Futures Trading Commission (CFTC) Commissioner Kristin N. Johnson features excerpts of her appearance at the ABA Business Law Section’s Hybrid Annual Meeting in September 2022. In Commissioner Johnson’s keynote fireside chat with the Section’s Private Equity and Venture Capital Committee, she offered thoughts on the legal and regulatory framework for cryptocurrency and digital assets, collaboration with the Securities and Exchange Commission, and more.
Interested in a career in M&A? This video will provide an understanding of not only the role of the corporate lawyer in M&A deals but the numerous elements that encompass a typical M&A transaction. The featured speakers—Samantha Horn, Matthew B. Swartz, and Daniel Rosenberg—are seasoned M&A lawyers who have a firm grasp of this unique legal practice. In this video, they identify the legal issues and key players involved in an M&A deal and offer tips for getting started in the field. With so many moving parts, the attorney must have the knowledge and skills to navigate the legal due diligence of an M&A transaction.
With cyberattacks on the rise, every organization needs to be proactive in cybersecurity incident response planning. Such planning is essential to formulate policies to help resolve cyberattacks and meet legal obligations. In this video, two cybersecurity specialists, Garylene (Gage) Javier and Romaine Marshall, describe the current threat landscape, in which increasingly sophisticated cybercriminals treat ransomware attacks as a “business.” They walk viewers through best practices for incident response plans and recovering from an attack—highlighting how responsible governance requires understanding and planning for a robust response that will safeguard the organization.
CLE: A Deeper Dive
Nathaniel M. Cartmell III, Nicholas D. Mozal, Youmna Salameh, and former Vice Chancellor of the Delaware Court of Chancery Joseph R. Slights III provide keen insight into recent decisions under Delaware law that address controlling stockholders, extending the discussion of a CLE program at the ABA Business Law Section’s 2022 Hybrid Annual Meeting (now available as on-demand CLE). Their conversation delves into the determination of whether a control group exists, considerations around trading process for price in the context of the MFW decision, key differences in negotiating with a controller stockholder, and more.
Kyriakoula Hatjikiriakos, Lisa Mantello, Robert J. Lewis, and Sara Gerling explore recent market trends in the rapidly evolving world of sustainable finance loan transactions, extending the discussion of a CLE program at the ABA Business Law Section’s 2022 Hybrid Annual Meeting (now available as on-demand CLE). These experts reflect on the current landscape in the US, European, and Canadian markets, including emerging regulatory developments. Topics covered include the role of sustainability coordinators, key performance indicators used in sustainability linked loans and what within ESG they focus on, and more.
Maritza T. Adonis, Bruce F. Freed, and Jason Kaune delve into the new pressures on corporations to engage with social movements and environmental, social, and governance criteria, extending the discussion of a CLE program at the ABA Business Law Section’s 2022 Hybrid Annual Meeting (now available as on-demand CLE). “Companies today really have to address what they’re associated with through their spending,” Freed said. Their conversation touches on what those counseling corporate leadership need to consider in planning how to address these issues, the role of different stakeholders, and the education and foundational work attorneys can undertake in this space.
Gary J. Ross and Alan J. Wilson explore the securities law framework for capital raising by early stage and other private businesses, extending the discussion of a CLE program at the ABA Business Law Section’s 2022 Hybrid Annual Meeting (now available as on-demand CLE). In a conversation ranging from the impact of the JOBS Act to tricky aspects of blue sky requirements to the evolution of SAFEs, Ross and Wilson highlight useful practice tips and share insights from their varied experience. The program their discussion draws on was part of Business Law Essentials, a curated selection of CLE programs designed to provide practice area updates, developments, and primers on key business law issues.
Jody R. Westby was spurred to write D&O Guide to Cyber Governance: Fiduciary Duties in the Digital Age in a time of increasingly sophisticated cyberattacks. “Boards and CEOs are not aware of what really needs to be done,” she said. “I wanted to develop a book that would tell boards and C-suites, here’s what you do to manage cyber risks, and to do it right according to the law and to best practices.” In this conversation, Westby highlights key points where board members get tripped up, delves into the book’s practical resources, and explains why she dedicated the book to E. Norman Veasey, former Chief Justice of the Delaware Supreme Court and former Chair of the Business Law Section.
As terrorist groups and tactics evolve, government authorities and the private sector have focused on preventing financial and commercial systems from being leveraged and abused to fund terrorist activities. Leading experts came together to create Countering the Financing of Terrorism: Law and Policy after they realized there was a “gap in the literature” on this subject, says editor John M. Geiringer. The result is a comprehensive overview of the key legal tools and strategies used to combat this dynamic challenge. In this conversation, Geiringer discusses the extent of the terror financing problem; the role of financial institutions and banking lawyers in countering it; and the book’s insights into terror financing typologies.
“You need to understand fraudulent transfer law because of its broad scope. It might be an old, ancient law, but it is more than capable of handling today’s modern, sophisticated transactions,” says David J. Slenn. In The Fraudulent Transfer of Wealth: Unwound and Explained, Slenn outlines steps that planners can take to minimize a transaction’s exposure to avoidance and proactive measures that creditors can take to reduce the chance of losing assets. Here, Slenn discusses the risks of misunderstanding fraudulent transfer law, the book’s step-by-step guide to key issues, and top lessons learned.
With intellectual property rights assuming greater importance in today’s world and licensing issues and developments constantly evolving, The Practical Guide to Software Licensing and Cloud Computing, 7th Edition is an essential resource. In this conversation, author H. Ward Classen discusses the new edition’s expanded discussion of cloud computing, how he tracks new developments, and the evolution of the book over nearly twenty years. As the practice of software law has expanded, “It’s blossomed,” Classen said. “It’s much more comprehensive, and it seems to resonate with practitioners endlessly.”