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Council Meeting Minutes

May 18, 2002

    This meeting of the Council of the Business Law Section of the State Bar of Michigan was held at the Grand Traverse Resort, 6300 North U.S. 31, Acme, Michigan on May 18, 2002, at 7:40 a.m., pursuant to notice duly given.

    Present: Tim Damschroder, G. Ann Baker, David Foltyn, Mark Aiello, Diane Akers, Judy Carlton, Lynn Chard, John Dresser, Patrick Dougherty, Dee Dee Fuller, Mark High, Michael S. Khoury, Justin Klimko, Eric Lark, Mark Lezotte, David Joswick, Dan Minkus, Paul Rentenbach for Fred Miller, Shel Stark, and Rick Sundquist.

    1. Call to Order and Determination of Quorum. Section Vice-Chair, Tim Damschroder, called the meeting to order and determined with the other officers present that a quorum existed.

    2. Approval of Minutes of Meeting of March 7, 2002. Mr. Damschroder called for a motion to approve the Minutes of the Council Meeting held on March 7, 2002. Pursuant to the motion duly made and seconded, the Minutes were approved as presented.

    3. Treasurer's Report. Mr. Foltyn reported that the income of $71,000 exceeds expenses by $15,000, and current balance was $206,600..

    4. Chair's Report. Mr. Damschroder reported there have been requests to use E-mail list, mailing list, and listserv. The lists may not be used for commercial purposes, e.g. PLI seminar, but lists may be used to solicit for section activities or activities related to section interest. John Dresser reported that the State Bar is looking at the issue and drafting policy on use of membership lists.

      A. Report on Boot Camp by Dan Minkus and Shel Stark. Written draft of proposal for Boot Camp is attached to these minutes. Shel Stark reported firms have difficulty finding time to train new lawyers. The boot camp will consist of 2 hour programs over a series of weeks. Discussion followed regarding locations, format, council sponsorship and publicity. Interest was expressed in a video presentation or videoconferencing. Shel Stark will contact Detroit area firms regarding new program. If six firms sign on there should be financial base for program. A motion was duly made and seconded for Section to co-sponsor Boot Camp with Young Lawyers and to expenditure of $5000 was made and seconded. The motion was approved by voice vote.

      B. Report on Creation of the Beverage, Alcohol & Hospitality Subcommittee for Liquor Control Commission Attorneys by Tim Damschroder. Section has received request to allow lawyers who deal with Liquor Control Commission to become associated with Section. There are 12-25 lawyers from metro Detroit interested with proposed budget of $5000. Correspondence from John Collin at Plunkett & Clooney included mission statement. Discussion followed regarding establishment as subcommittee of UCC or AD Hoc for 1-2 years. Established Ad Hoc Committee called Beverage, Alcohol & Hospitality Committee and appropriate $1500 budget.

      C. Report on Business Court Ad Hoc Committee by Diane Akers. Diane Akers contacted other states with Business Courts for information and held a meeting of interested persons in April 2002. The issues of interest include 1) Experienced judges, 2) Written opinions, 3) Emphasis on ADR, 4) Use of Technology; and 5) Right to Jury Trial. Some states use rules rather than statutes to establish business courts. CyberCourt aimed at business cases but not same as business court. CyberCourt is voluntary and idea of voluntary may discourage use. Perception is that CyberCourt was adopted without lawyer input. Lawyers have technology concerns about CyberCourt and concerns about it being untested. Business Court would permit, but not require, technology CyberCourt format. Business Court Division would specialize in business issues. Written report of the Business Court Ad Hoc Committee is included with report of Commercial Litigation Committee attached to these minutes. The Business Court Ad Hoc Committee would like to make recommendation to Council in December 2002.

    5. Committee/Directorship Reports (Including Ad Hoc Committees)

      A. Standing Committees

      1. Agricultural- A written report of this committee is attached to these minutes.

      2. Commercial Litigation- A written report of this committee is attached to these minutes and includes Report of Business Court Executive Committee, dated April 22, 2002, and Abstract: A Business Court in Michigan, dated April 26, 2002..

      3. Corporate Law- A written report of this committee is attached to these minutes. The committee is pursuing changes to the RJA and legislation addressing dissolution and tax clearances issues.

      4. Debtor/Creditor Rights- A written report of this committee is attached to these minutes.

      5. In-House Counsel- A written report of this committee is attached to these minutes.

      6. Nonprofit Corporations- Committee is working on rationale for differences in Nonprofit Corporation Act from provisions in Business Corporation Act.

      B. Ad Hoc Committees

      Business Court Ad Hoc Committee-Written report is included with report from Commercial Litigation Committee.

      C. Directorship Reports

      1. Legislative Review- Written directorship report is attached to these minutes. Proposed amendments to the Limited Liability Company Act were sent to Senator Bullard by Jim Cambridge but have not yet been introduced.

      2. Program- Written directorship report is attached to these minutes and includes Business Law Section Program for State Bar Annual Meeting in September in Grand Rapids.

      3. Publications- Written directorship report and revised schedule of publication dates, deadlines and committee assignments is attached to these minutes.

      6. Announcement of September meeting. The September Council meeting will be held on Thursday morning, September 26, at State Bar meeting in Grand Rapids.

      7. Meeting Adjournment. There being no further business to come before this meeting of the Council of the Business Law Section of the State Bar of Michigan, upon a motion duly made and seconded, and unanimously approved, the meeting was adjourned.

    Respectfully submitted
    G. Ann Baker



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