The Business Law Section is pleased to provide the Annual Review of Recent Developments of Interest to California Business Lawyers. We hope that you will find the Annual Review a useful tool to check on current developments in practice areas of interest to you.
The 2013 Annual Review is posted in the Members Only Area, except for the expanded Commercial Law Developments, which is on the public side of the site. In this Annual Review:
The 2012 Annual Review is posted in the Members Only Area, except for the expanded Commercial Law Developments, which is on the public side of the site. In this Annual Review
The 2011 Annual Review was sent to members in Spring 2012. The 2011 Commercial Law Developments article refered to in the 2011 Annual Review is posted online
The Annual Review issue of the Business Law News is among the most valuable benefits of membership in the Business Law Section. This issue presents in one convenient location summaries of the most significant legislative, regulatory and case law developments in the substantive areas covered by the Section’s standing committees.
In this issue, Professor Dan Schechter provides an analysis, as well as his usual witty commentary, on court decisions affecting insolvency and commercial finance in California over the past year on behalf of the Insolvency Committee. This issue also includes an article by Julia Cowles, Julie Ryan and Charles Ortmeyer of the Corporations Committee on the many significant developments in California corporate and securities law that occurred in 2011, as well as developments in Delaware corporate law and the federal securities laws. Of particular interest are summaries of California legislation creating two new classes of corporations, the “flexible purpose corporation” and the “benefit corporation,” as well as an amendment to Chapter 5 of the Corporations Code that streamlines the standards for determining whether a corporation can make a distribution, and the California Transparency in Supply Chains Act that mandates supply chain reporting requirements for large retailers and manufacturers. Recent developments in California and Delaware case law are also discussed, as is SEC rulemaking under the Dodd-Frank Act.
Paul Dubow of the ADR Committee provides an article on recent ADR cases that clarify when and how arbitration and mediation clauses should be used in contracts. From the Health Care Committee, Steven Goby, Terri Keville, Helen Ovsepyan, Julie Simer, and Kelly Ryan provide a comprehensive report on developments in California health law. Of particular interest to families with children who have developmental disorders, such as autism, is Kelly Ryan’s discussion of a new statute that mandates behavioral health treatment coverage for pervasive development disorders by health care service plans and health insurance policies. From the Financial Institutions Committee, Victoria Allen and William Webb provide an update on the recent bills that affect financial institutions, including Senate Bill No. 86 that requires financial institutions doing business in California to conduct record matches on delinquent taxpayers under the Financial Institutions Records Match ("FIRM") system in order for the California Franchise Tax Board to utilize the matched data information to collect delinquent debt owed to the state.
Kimberly Dunn of the Insurance Law Committee offers an article covering significant developments in case law, legislation and regulations concerning California insurance law, while Suzanne Weakley provides a description of recent developments in California partnership and limited liability company law of behalf of her committee.
In an article relevant to everyone who uses a computer, Harry Boadwee and Stephen Davis of the Cyberspace Law Committee summarize all of the relevant bills that were enacted by the California State legislature last year. The bills pertaining to privacy and data security should be of particular interest, as they range in subject matter from security breaches to library records, to e-books and more. Similarly, Patrick Sternal of the Nonprofit Law Committee provides an overview of the new laws that affect how non-profit companies conduct activities, including one new law that clears up the confusion about quorum requirements for a nonprofit company’s board of directors to approve a transaction in which one or more directors has an interest. New laws affecting the future of food safety, testing and recalls are summarized by Steven P. Tripp of the Agribusiness Committee.
As highlighted in the article by Calvin E. Davis of the Franchise Law Committee, 2011 saw many cases in the area of franchise law that are sure to reverberate for years to come. As usual, the Commercial Transactions Committee (formerly known as the UCC Committee) provides a comprehensive review of the past year’s principal developments in commercial law—so comprehensive that it would not fit in this issue. But you can review the table of contents to “2011 Commercial Law Developments” here and then read the full article on our website.
The Business Law News is the official publication of the Business Law Section of the State Bar of California. It is sent automatically to all members of the Business Law Section. Recent issues are posted in the Members Only Area of the Business Law Section website. To subscribe, simply join the Section.
The 2010 Review includes:
Commercial Law Developments