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Programs Director Reports
1. Next Scheduled Meeting of the Committee As previously reported, Tania E. (Dee Dee) Fuller, Daniel H. Minkus Mark W. Peters and Stephen C. Waterbury (John R. Cook could not make the meeting) last met in person at the Tango Restaurant in the Southfield Weston Hotel on Thursday, September 23, 2004 to work on planning the program for our 2005 meeting. We subsequently met by conference call to review the draft program and to work on finalizing the planning for the 2005 program. The 2005 program was subsequently tweaked and finalized by e-mail. We will meet again in conjunction with the next meeting at Soaring Eagle Casino & Resort scheduled for June 4, 2005 in Mount Pleasant, but we have not set a time and place for that meeting. 2. Council Approval None. 3. Membership Those participating in program planning include council members John R. Cook of Miller Canfield Paddock & Stone, PLC, Tania E. (Dee Dee) Fuller of Fuller Law and Counseling PC., Stephen C. Waterbury of Warner Norcross & Judd LLP, ex-officio council member Daniel H. Minkus of Clark Hill, PLC as well as Mark W. Peters of Dykema Gossett PLLC. Council member Mark R. High of Dickinson Wright, PLLC, who played a leading role in initiating sponsorships for Business Law Section programs, continues to be in charge of program sponsorships. 4. Accomplishments Toward Committee Objectives The Section’s June 4, 2005 program to be held at Soaring Eagle Casino & Resort in Mount Pleasant has been completed and sponsorships arranged. 5. Meetings and Programs As noted above, our next Meeting after the December 4, 2004 Business Law Section Council Meeting will be held on June 3 or June 4 at Soaring Eagle Resort in Mt. Pleasant, Michigan. 6. Publications The brochure for the 2005 meeting has been finalized. 7. Legislative/Judicial/Administrative Developments – Not applicable. 8. Miscellaneous – None Report submitted by: EXHIBIT TO PROGRAMS DIRECTORSHIP REPORT 17 th Annual Business Law Institute and Mid-Year Meeting Friday, June 3 – Saturday, June
4, 2005 Course Schedule Mark W. Peters David Foltyn DAY ONE Friday Afternoon Session: 1:00 p.m. – 5:30 p.m. 1:00 p.m. – 1:15 p.m. Welcome and Introduction to Section Activities David Foltyn, Chair Business Law Section, State Bar of Michigan 1:15 p.m. – 1:45 p.m. Business Law Legislative Update Jeffrey S. Ammon, Miller Johnson Snell & Cummiskey PLC, Grand Rapids 1:45 p.m. – 2:15 p.m. Corporate and Commercial Case Law Update Tania E. “Dee Dee” Fuller, Fuller Law & Counseling PC, Grand Rapids 2:15 p.m. – 3:00 p.m. 2:15 p.m. – 3:00 p.m. Strategic
Considerations in “Standard” License Agreements,
Susan Kornfield , Bodman LLP, Ann Arbor 3:00 p.m. – 3:15 p.m. 3:00 p.m. – 3:15 p.m. Break 3:15 p.m. – 3:45 p.m. 3:15 p.m. – 3:45 p.m. Valuing
the Business and the Buy/Sell Agreement Jeffrey M. Risius, tout
Risius Ross Inc., Farmington Hills 3:45 p.m. – 4:30 p.m. 3:45 p.m. – 4:30 p.m. Facilitative
Mediation of Business Disputes – Finding Business Solutions
and Repairing Ongoing Business Relationships Asher N. Tilchin,
Tilchin Hall & Reynolds PC, Farmington Hills 4:30 p.m. – 5:15 p.m. Improving the Culture of Your Firm or Business: How to Become EXCITED About Going to Work Every Day Gerry “Clarke” Clark, Human Synergistics, Plymouth 5:15 p.m. – 5:30 p.m. Questions and Answers 6:30 p.m. – 7:30 p.m.Reception – Sponsored by _________________ Your opportunity to meet and mix with the seminar faculty, and network with fellow registrants and guests. 7:30 p.m. – 9:30 p.m. Annual Business Law Section Banquet Program: A (Habeas) Chorus Line 9:30 p.m. – 11:00 p.m. Afterglow – Water Lily Lounge DAY TWO Saturday Morning Session 9:00 a.m. – 12:30 p.m. 9:00 a.m. – 9:45 a.m. Michigan’s Timely Application and Permit Service (MiTAPS) and the Climate for Business in Michigan Henry L. Green, Program Director, MiTAPS, Lansing 9:45 a.m. – 10:30 a.m. Electronic
Discovery in Federal Court Magistrate Judge Virginia Morgan, U.S.
District Court Eastern District of Michigan, Detroit 10:30 a.m. – 10:45 a.m. Break 10:45 a.m. – 11:15 a.m. New Developments in Raising Private Capital for Early Stage Companies Michael T. Raymond, Dickinson Wright PLLC, Ann Arbor Break Out Sessions 11:15 a.m. – 11:55 a.m. In House Counsel Track The Art of Supervising and Managing Litigation by Outside Counsel – 10 Best Practices Dirk P. Tischer,
Assistant General Counsel, Lear Corporation, Southfield Family Business Track Exit Strategies and
Succession Planning Moderator: Cynthia L. Della Torre, Kemp Klein Umphrey Endelman & May
PC, Troy Transactional Track Baskets, Caps, Claw Backs and Other Traps for the Unwary – A Panel Moderator: Jin-Kyu Koh, Dykema Gossett PLLC, Detroit 11:45 a.m. – 12:30 p.m. In House
Counsel Track What We Do to Satisfy In
House Counsel and Keep the Business: An Outside Lawyer Reveals All Diane L. Akers, Bodman LLP, Detroit Family Business Track Exit Strategies and Succession Planning Continued Moderator: Cynthia L. Della Torre Transactional Track Outsourcing or Moving
Business Offshore - Benefits and Pitfalls Karl A. Hochkammer, Foley & Lardner, Detroit Adjourn1. Next Scheduled Meeting of the Committee Tania E. (Dee Dee) Fuller, Daniel H. Minkus Mark W. Peters and Stephen C. Waterbury (John R. Cook could not make the meeting) last met in person at the Tango Restaurant in the Southfield Weston Hotel on Thursday, September 23, 2004 to work on planning the program for our 2005 meeting. We subsequently met by conference call to review the draft program and to work on finalizing the planning for the 2005 program. We will meet again in conjunction with the next meeting at Soaring Eagle Casino & Resort scheduled for June 4, 2005 in Mount Pleasant, but we have not set a time and place for that meeting. 2. Council Approval None. 3. Membership Those participating in program planning include council members John R. Cook of Miller Canfield Paddock & Stone, PLC and Tania E. (Dee Dee) Fuller of Fuller Law and Counseling PC., Stephen C. Waterbury of Warner Norcross & Judd LLP, ex-officio council member Daniel H. Minkus of Clark Hill, PLC as well as Mark W. Peters of Dykema Gossett PLLC. Council member Mark R. High of Dickinson Wright, PLLC, who played a leading role in initiating sponsorships for Business Law Section programs, continues to be in charge of program sponsorships. 4. Accomplishments Toward Committee Objectives Except for finalization of sponsorships and the confirmation of one speaker (Michael Cartier of Stryker Corporation), the Section’s program for the June 4, 2005 program to be held at Soaring Eagle Casino & Resort in Mount Pleasant has been completed. A copy of the nearly finalized program is attached. The program is expected to be finalized in the next few days. 5. Meetings and Programs As noted above, our next Meeting after the December 4, 2004 Business Law Section Council Meeting will be held on June 3 or June 4 at Soaring Eagle Resort in Mt. Pleasant, Michigan. 6. Publications Finalization of the brochure for the 2005 meeting is awaiting a decision on the name (Shel Stark recommends the “17 th Annual Business Law Institute”, followed by an indication that the institute is “Co-Sponsored by the Business Law Section of the State Bar of Michigan and the Institute for Continuing Legal Education). 7. Legislative/Judicial/Administrative Developments – Not applicable. 8. Miscellaneous – None Report submitted by: Steve Waterbury EXHIBIT TO PROGRAMS DIRECTORSHIP REPORT Friday, June 3 – Saturday, June 4,
2005 Course Schedule Moderators Mark W. Peters David Foltyn DAY ONE 1:00 p.m. – 1:15 p.m. Welcome and Introduction
to Section Activities 1:15 p.m. – 1:45 p.m. Business Law Legislative
Update 1:45 p.m. – 2:15 p.m. Corporate and Commercial
Case Law Update 2:15 p.m. – 3:00 p.m. 2:15 p.m. – 3:00
p.m. Strategic Considerations in “Standard” License
Agreements Susan Kornfield 3:00 p.m. – 3:15 p.m. 3:00 p.m. – 3:15 p.m. Break 3:15 p.m. – 3:45 p.m. 3:15 p.m. – 3:45
p.m. Valuing the Business and the Buy/Sell Agreement Jeffrey M. Risius 3:45 p.m. – 4:30 p.m. 3:45 p.m. – 4:30 p.m. Facilitative
Mediation of Business Disputes – Finding Business
Solutions
and Repairing Ongoing Business Relationships Asher N. Tilchin 4:30 p.m. – 5:15 p.m. 4:30 p.m. – 5:15 p.m. Improving the Culture of Your Firm or Business: How to Become EXCITED About Going to Work Every Day Gerry “Clarke” Clark 5:15 p.m. – 5:30 p.m. 5:15 p.m. - 5:30 p.m. Questions and Answers 6:30 p.m. – 7:30 p.m. 6:30 p.m. – 7:30 p.m. Reception – Sponsored by ______ Your opportunity to meet and mix with the seminar faculty, and network with fellow registrants and guests. 7:7:30 p.m. – 9:30 p.m. 7:30 p.m. – 9:30 p.m. Annual Business Law Section Banquet Sponsored by ____________________ Program: 9:30 p.m. – 11:00 p.m. 9:30 p.m. – 11:00 p.m. Afterglow –Water Lily Lounge DAY TWO 9:00 a.m. – 12:30 p.m. 9:00 a.m. – 9:45 a.m. 9:00 a.m. – 9:45 a.m. Michigan’s Timely Application and Permit Service (MiTAPS) and the Climate for Business in Michigan Henry L. Green 9:45 a.m. 9:45 a.m. – 10:30 a.m. Electronic Discovery in Federal Court *impact on email and record retention policies Magistrate Judge Virginia Morgan 10:45 a.m. – 11:15 a.m. 10:30 a.m. – 10:45 a.m. Break 10:45 a.m. – 11:15 a.m.New Developments in Raising Private Capital for Early Stage Companies Michael T. Raymond Break Out Sessions 11:15 a.m. – 11:55 a.m. 11:15 a.m. – 11:55 a.m. In House
Counsel Track Dirk P. Tischer Terri L. Renshaw (Michael Cartier) Family
Business Track * when the family is dysfunctional Moderator: Cynthia L. Della Torre Philip C. Gilbert Stephen M. Conway Transactional Track Moderator: Jin-Kyu Koh Brad B. Arbuckle Eric I. Lark 11:45 a.m. – 12:30 p.m. 11:45 a.m. – 12:30
p.m. In House
Counsel Track *measuring and improving responsiveness Diane L. Akers Family Business Track Moderator: Cynthia L. Della Torre Transactional Track *understanding the process Karl A. Hochkammer Adjourn
In addition to ongoing discussions regarding program logistics, we are planning a short meeting in Mt. Pleasant in connection with the 16th Annual Business Law Institute and Mid-Year Meeting. 2. Council Approval None. 3. Membership With input from the current and incoming Chairs of the Business Law Section, at the March 4, 2004 meeting of the Council we identified additional members to participate with respect to Programs starting in the Spring of 2004. We will meet with the new members during the 16th Annual Business Law Institute and Mid-Year Meeting. The new participants will include Council members John Cook of Miller Canfield Paddock & Stone and Tania E. (Dee Dee) Fuller of Fuller Law and Counseling PC. 4. Accomplishments Toward Committee Objectives Mid-Year Meeting program planning has been completed. The Keynote Address will be delivered by Dennis W. Archer, President of the American Bar Association, on "Challenges Facing American Business from a National and International Perspective". Mark High has secured sponsorships for the Business Law Section Mid-Year meeting and has recently written to sponsors Stout-Risius Ross, Inc., CT Corporation System and Crawford & Winiarski concerning their sponsorships. There will be a lunch for the speakers prior to the May 21 program at the Water Lily Lounge at 11:30 a.m. Mark High participated in an April, 2004 meeting with Business Law Section officers concerning the possibility of consolidating the Business Law Section Mid-Year and Annual programs into a single annual program for future years. Ann Baker, Steve Waterbury and David Foltyn (present by telephone) met at the State Bar Headquarters in Lansing on April 13, 2004 with Caryl Markzon, an event planner with the State Bar, concerning the possibility of transitioning from our ICLE-Business Law Section relationship with respect to the Business Law Institute and the Mid-Year Meeting. We reviewed and discussed at that meeting an incomplete "Estimate of Project Management Services Fees for 2005 Annual Business Law Conference and Mid-Year Meeting." Subsequent to that meeting additional financial information has been circulated and reviewed. Chair Ann Baker provided Ms. Markzon with a copy of a program notebook so that a printing cost estimate can be obtained. Meeting planning services can be selected on a "cafeteria" basis. This topic is ongoing, and was in part initiated as a consequence of a proposal for revising the ICLE-Business Law Section Financial Arrangement received from ICLE on October 2, 2003. This proposal in part because of the decision to move the program from the Grand Traverse Resort, thereby splitting off from the Probate & Estate Planning Institute. Simultaneous scheduling in locations 100 miles apart requires ICLE to cover two locations with registrars, technical support and equipment. There are few if any concerns about the quality of the ICLE support, but there are concerns about pricing. There are also concerns that ending the alliance with ICLE with respect to the Annual Business Law Institute and Mid-Year Meeting would result in the loss of valuable guidance and continuity. This issue may be impacted by the decision made with respect to the possible combination of the current two program meeting approach, decisions made with respect to future locations of the program or programs, and by the relative success of the May 21-22 Business Law Section Mid-Year Meeting and future meetings. 5. Meetings and Programs The Business Law Section Mid-Year Meeting is scheduled for May 21-22, 2004, at a new location: The Soaring Eagle Resort in Mt. Pleasant, Michigan. There will be a meeting held on September 23, 2004 in Southfield. 6. Publications Publicity for the Mid-Year Meeting has been distributed. 7. Legislative/Judicial/Administrative Developments N/A. 8. Miscellaneous None. Report submitted by: Steve Waterbury
Ongoing discussions regarding Mid-Year Meeting and Annual Meeting planning. 2. Council Approval None. 3. Membership Need to identify additional/replacement members to participate starting in the Spring of 2004. 4. Accomplishments Toward Committee Objectives Mid-Year Meeting program completed. Five sponsors have been secured as follows: (1) Standard Federal Bank: $3,000 for Friday evening banquet; (2) Stout Risius Ross, Inc.: $3,000 for Friday evening reception; (3) Bowne of Detroit, Inc.: $1,000 for refreshment breaks; (4) CT Corporation: $1,000 co-sponsor; and (5) Crawford & Winiarski: $1,000 co-sponsor. 2004 Annual Meeting planning underway. 5. Meetings and Programs Mid-Year Meeting scheduled for May 21-22, 2004 at Soaring Eagle Resort in Mt. Pleasant, Michigan. Annual Meeting will be scheduled for September, 2004 in Southeast Michigan. 6. Publications Publicity for Mid-Year Meeting is being distributed. 7. Legislative/Judicial/Administrative Developments N/A 8. Miscellaneous None. Report submitted by: Mark High
None requested beyond amounts included in budget for Section Mid-Year and Annual Meetings. 2. Use of Budgeted Funds in 2002-2003. None requested. 3. Next Scheduled Meeting of the Committee Ongoing discussions regarding program logistics. 4. Council Approval None. 5. Membership Need to identify additional/replacement members to participate starting in the Spring of 2004. 6. Accomplishments Toward Committee Objectives Mid-Year Meeting program completed. Sponsorship opportunities being pursued. Logistics and publicity underway. 7. Meetings and Programs Business Law Section Mid-Year Meeting scheduled for May 21-22, 2004, at Soaring Eagle Resort, Mt. Pleasant, Michigan. 8. Publications Preliminary publicity for Mid-Year Meeting to be distributed early in 2004. 9. Legislative/Judicial/Administrative Developments N/A. 10. Miscellaneous None. Report submitted by: Mark High
Ongoing discussions regarding 2004 Mid-year Meeting planning. 2. Council Approval None 3. Membership N/A 4. Accomplishments Toward Committee Objectives Annual Meeting program completed. 2004 Mid-year Meeting planning underway. 5. Meetings and Programs Business Law Section Mid-year Meeting scheduled for May 21-22, 2004, in Mt. Pleasant. 6. Publications N/A 7. Legislative/Judicial/Administrative Developments N/A 8. Miscellaneous
Ongoing discussions regarding Annual Meeting planning. 2. Council Approval None 3. Membership N/A 4. Accomplishments Toward Committee Objectives Mid-Year Meeting program completed. 2003 Annual Meeting planning underway. 5. Meetings and Programs Business Law Section Annual Meeting scheduled for September 11, 2003, in Lansing. 6. Publications N/A 7. Legislative/Judicial/Administrative Developments N/A 8. Miscellaneous
Ongoing discussions regarding program logistics. 2. Council Approval None 3. Membership N/A. 4. Accomplishments Toward Committee Objectives Mid-Year Meeting program completed. Direct mailings completed. Logistics underway. 2003 Annual Meeting planning begun. 5. Meetings and Programs Business Law Section Mid-Year Meeting scheduled for May 16-17, 2003, at Grand Traverse Resort. 6. Publications Preliminary publicity for Mid-Year Meeting distributed early in 2003. 7. Legislative/Judicial/Administrative Developments N/A 8. Miscellaneous
Ongoing discussions regarding program planning. 2. Council Approval Review location for 2004 Mid-Year Meeting. Review flat fee arrangement with ICLE for Mid-Year Meetings. 3. Membership N/A 4. Accomplishments Toward Committee Objectives Mid-Year Meeting program should be completed by Dec. 7 meeting. 5. Meetings and Programs Business Law Section Mid-Year Meeting scheduled for May 16-17, 2003, at Grand Traverse Resort. 6. Publications Preliminary publicity for Mid-Year Meeting will be distributed before year-end. More detailed materials to follow early in 2003. 7. Legislative/Judicial/Administrative Developments N/A 8. Miscellaneous
Staying Informed -- Keeping up with the Latest Business Law Developments I. A Survey of Recent Business Law Cases of Note (45 Minutes) John R. Trentacosta, Esq. Foley & Lardner Detroit II. Statutory Business Law Update (45 Minutes) James R. Cambridge, Esq. Kerr, Russell and Weber, PLC Detroit III. Open Topic (45 Minutes) Patrick E. Mears, Esq. Dickinson Wright Grand Rapids IV. Open Topic (45 Minutes) Jeffrey S. Ammon, Esq. Miller, Johnson, Snell & Cummiskey Grand Rapids The Program Directorship will be finalizing the Business Law Section Annual Meeting Program in the next few weeks.
The Program Directorship will shortly commence planning the Program to take place at the Annual Meeting in September.
1. John R. Trentacosta - Business Litigation Update 2. James R. Cambridge - Corporate Law Update 3. Judy Greenstone Miller - Article Nine Update 4. Gary A. Kendra - E-Commerce. The Program Committee is currently planning next year's mid-year meeting program. Suggestions for speakers or topics are always welcome.
1. John R. Trentacosta - Business Litigation Update 2. James R. Cambridge - Corporate Law Update 3. Judy Greenstone Miller - Article Nine Update 4. Gary A. Kendra - E-Commerce. The Program will take place the morning of September 20, 2000 immediately after the Business Law Section Meeting and election. The Program Committee will continue to finalize this program and will shortly begin planning next year's Mid-Year Meeting Program.
We are also beginning to work on the Business Law Section Program for the State Bar Annual Meeting and have been discussing the possibility of teaming up with the taxation section for a portion of the Program. Of course, any joint topic with the taxation section would have to be of interest to the business law section members. |