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Meeting Minutes
March 30, 2000 at 12:15 p.m. on March 30, 2000, at the offices of Honigman, Miller, Schwartz & Cohn, Detroit, Michigan
In attendance were: H. Iwrey, M. Boonstra, S. Raymond, R. Forrest, J. Deline, E. Basten and, by phone, D. Gravelyn.
Approval of Minutes
Approval of the minutes for the Executive Council meeting of February 17, 2000, was deferred.
Treasurer’s Report
Mr. Deline provided the following treasurer’s report:
Monthly Income
$65.00
Monthly Expenses
$00.00
Monthly Net Income
$65.00
Year to Date Income
$8,770.00
Year to Date Expenses
$2,359.31
Year to Date Income
$6,400.69
Net Balance on 1/31/00
$18,758.04
Mr. Deline reported that a check request for $500.00, payable to the Wayne State Law Review, was in process for the Seminar to be conducted there on April 13, 2000.
Committee Reports
- Franchise Committee
Mr. Forrest provided the report of the Franchise Committee. He noted that the FTC has not taken action yet on the pending franchise rules. The comment period has ended. The rules are available on the FTC website. Mr. Iwrey reported that the federal Franchise Fairness Act is still in committee. Although the bill enjoys sponsors from both parties, it will likely not go very far. Mr. Forrest indicated that a mini-seminar dedicated to franchising would be a good idea once the FTC acts on the proposed rules. A seminar should be deferred until then. Action is expected within the next three months.
- Newsletter Committee
Mr. Deline reported that he is awaiting a copy of the Attorney General’s speech at the Section’s mini-seminar. He spoke with Mr. Novak last week and Mr. Novak indicated that he would seek a copy. Mr. Gravelyn is to submit a report on the Gambro litigation. Dr. Deline indicated that he had received an article by Mr. Boonstra.
- Legislative Committee
Several repealer acts have been submitted in the State Legislature including a proposed repeal of the Hazardous Substance Act, and repeal of a 1917 statute requiring mattresses to be branded and labeled. The Plain English Bill remains stuck in committee. A Lemon Law Bill was introduced for manufactured homes and referred to committee. A bill has also been introduced prohibiting the sale of confidential information provided in connection with a business transaction.
- Education Committee
Mr. Iwrey noted that a ICLE seminar was presented in November, 1999, entitled "Non-Competes and Trade Secrets." Mr. Deline said that he reviewed the materials and they were very good. The Council discussed possible seminars. One, of course, would be a franchise seminar. Another idea was to have a "Corporate Council Primer" on unfair competition issues with a special focus on the creation and retention of documents and e-mails. Mr. Iwrey related recent experience in which carelessly drafted documents and e-mails created significant problems for companies making HSR filings. Finally, Mr. Iwrey noted that Wayne State was holding a one day symposium on the internet and unfair trade practices. The symposium will be held on April 13, 2000, and is free of charge to Section members.
Old Business
The Council discussed placing a notice in the newsletter to Section members in order to provide for the election of Ms. Basten and Mr. White to the Council.
New Business
The Council discussed a new Michigan Court of Appeals decision holding that the Consumer Protection Act applies to residential builders. Reference was also made to a recent case against UST, Inc., in which a $1 billion dollar judgment was entered against the company for vandalizing retail racks for Conway Snuff. Note was also made of a recent class action, filed in the Federal District Court for the Eastern District of Michigan, accusing tobacco companies of price fixing and a class action against Blockbuster Video challenging its disclosures on late fees.
State Bar Communications
Mr. Iwrey reported that Judge Posner was not confirmed for the State Bar Convention and that the Business Section was already teaming with another section for its presentation at the annual meeting. A report on Section activities is due on May 15, 2000. The Section was contacted by Fred Baker, State Bar Journal, with a request to sponsor an issue for June, 2001. The Council unanimously supported this proposal. The Executive Director of the Bar recently resigned; Mr. Iwrey met with the new Executive Director, Mr. Kim, and was favorably impressed with him.
Special Presentation
The Council made a special presentation to Mr. Forrest in recognition and appreciation of his outstanding service as Section Chair during the 1998-99 term. Mr. Forrest expressed gratitude for the award.
Next Meeting
The Council agreed to meet next on May 1, 2000, at the offices of May, Simpson & Strote, PC, 100 West Long Lake Road, Suite 200, at 4:00 p.m.
The meeting was adjourned at 1:12 p.m.
Daniel R. Gravelyn, Secretary
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