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Meeting Minutes
February 17, 2000 at 12:20 p.m. on February 17, 2000, at the offices of Clark Hill PLC, Detroit, Michigan
In attendance were: H. Iwrey, J. Deline, G. Wittrock, E. Basten, D. Chardavoyne, D. Gravelyn (by telephone) and M. Boonstra (by telephone).
Approval of Minutes
The minutes for the meeting of the Executive Council of January 7, 2000 were approved.
Treasurer’s Report
The Treasurer, Mr. Deline, provided the Treasurer’s report. He indicated that the Section statement dated September 30, 1999 had been audited and showed an audited balance of $12,358.25. His report for the month was as follows:
Monthly Income
$1,010.00
Monthly Expenses
$510.56
Monthly Net Income
$499.44
Year to Date Income
$8,535.00
Year to Date Expenses
$2,369.31
Year to Date Income
$6,165.69
Net Balance on 12/31/99
$18,523.94
Mr. Deline noted that the monthly income was from Seminar fees. The monthly expenses were generated by the Seminar and postage. This Section is one of the best funded sections for its size within the State Bar.
Committee Reports
- Franchise Committee
The Section discussed a federal bill that might have the effect of federalizing state franchise law. It would impose a duty of good faith not to deprive a franchisee of the benefit of its bargain. It purports not to pre-empt State law. It prohibits non-competes and provides that the franchisee must prove actual use of proprietary information in order to prevail on a claim. After discussion, Mr. Iwrey agreed to e-mail information about the bill to the Section Council.
- Newsletter Committee
Two articles were submitted, one by Mr. Iwrey and one by Mr. Kalisher. There was discussion of a member survey and including a speech by the Michigan Attorney General in the newsletter. Mr. Gravelyn offered to provide a report on the status of the Gambro litigation, pending in the Kent County Circuit Court.
- Legislative Committee
Mr. Boonstra noted that HB 5183 proposes an amendment to the Consumer Protection Act. The amendment would make it a deceptive business practice to sell or offer goods that discriminate in price on racial grounds (i.e., similar goods identified to different races at different prices). There was discussion about the practical impact of such an amendment. Mr. Boonstra also noted HB 5534 and SB 99 addressed telephone solicitation. They would require licensing, regulate conduct, regulate disclosures and tactics, and provide a registry for persons objecting to telephone solicitation. The Plain English Bill is currently stuck in Committee.
- Education Committee
There was discussion about topics for the Section’s next seminar. The franchise area, particularly with the FTC considering adoption of new rules, was discussed as a possible topic. E-Commerce was also proposed as a topic. It was noted that the Section’s former Chair, Mr. Huss, did an e-commerce presentation recently that was well received. There was also discussion about the class action against WalMart for allegedly soliciting improper discounts. That case was filed in the Eastern District of New York.
- Web Site Committee
There was no report for this Committee.
Old Business
Mr. Iwrey indicated that a special meeting will be necessary to approve the appointments of Mr. Wittrock and Miss Basten to the Committee. Perhaps this could be done in conjunction with the March meeting. Mr. Iwrey also proposed amending our by-laws to provide for notice by website publication or e-mail. He also raised again the Section’s desire for a Rule Amendment under MCR 8.117 that would provide a case classification code for Anti-trust. He noted that, using the West database, it might be possible to search case codes to obtain a case list. Accordingly, a case classification code would be useful to Section members.
New Business
There was no new business.
State Bar Communications
There was discussion about a communication from Candice Crowley, Executive Director of Access to Justice, concerning gifts to speakers. There was also discussion about combining with the Business Law Section for the upcoming annual meeting, as we have done in the past. Mr. Chardavoyne volunteered to do a presentation at the annual meeting. It was noted that Judge Posner was scheduled to appear and there was discussion about trying to coordinate with Judge Posner’s appearance.
It was reported that ICLE is requesting an outline of new developments for its "State of the Law" publication for the period of January 1, 1999 through June 30, 2000. The Council discussed splitting up this task.
Next Meeting and Meeting Location
The Council agreed to meet next on March 30, 2000, at the offices of Honigman Miller Schwartz & Cohn in Detroit, Michigan.
The meeting was adjourned at 1:22 p.m.
Daniel R. Gravelyn, Secretary
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