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Business Law Section eNews for August 2020

From the Chair

The California Lawyers Association (CLA) Business Law Section (BLS) is looking forward to participating in the CLA Annual Meeting, which will be virtual this year, between September 24-26, 2020. The Annual Meeting includes MCLE courses and opportunities to network over coffee with other attorneys practicing in business law and other fields. Read More

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BLS Creates New Working Group To Address Stakeholder Capitalism and ESG

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On Friday, June 19, 2020, the Executive Committee of the Business Law Section approved the formation of a working group to consider whether—and if so, how— California business lawyers should or could support stakeholder capitalism and the investment trend known as ESG (Environment, Social, Governance), a standard used by a number of investors to screen investments based on those factors. Read More

Uzzi Raanan Elected As CLA Secretary for 2020-21

Former BLS Chair Uzzi Raanan has been elected by the California Lawyers Association Board as the CLA Secretary for 2020-21. He also serves as the BLS Representative to the CLA Board. “It is a singular honor. And it will be a singular challenge,” noted Roland Brandel, a former BLS Chair. The BLS congratulates Uzzi on being elected as CLA Secretary!

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State Bar Publishes Report on Diversity in the California Legal Profession

On July 20, 2020, the State Bar published its First Annual Report on the Diversity of California’s Legal Profession. The report notes that the state’s attorney population does not reflect its diversity. People of color constitute 60 percent of the state’s adult population but only account for 32 percent of the 2019 California attorneys (with Latinos being particularly underrepresented). Women comprise half of California’s adult population, but account for only 42 percent of attorneys. Only 5 percent of California attorneys report living with a disability compared to 22 percent of the adult population. The government and nonprofit sectors are the most diverse.

Covid-19 Updates and Resources

The Business Law Section has assisted the California Lawyers Association in creating a resource page on the CLA website for information on Public Resources, Court Updates, Attorney Resources and Webinars related to Covid-19.

CLA Adds Discussion Forum to Website

The California Lawyers Association has a new Online Community where members can discuss and address topics of interests.

We Are The Business Law Section

The Business Law Section has approximately 7,000 members. Its work is primarily through one of 14 standing committees plus the Business Law News Editorial Board. Two of the Committee’s work is highlighted below. For more information how to join a standing committee or receive a committee’s news and bulletins, click here.

Insolvency Law Committee Updates Assignment for Benefit of Creditors Desk Guide

Six years after publishing the popular First Edition of the Assignment for the Benefit of Creditors Desk Guide, the Insolvency Law Committee of the Business Law Section has updated and enhanced the Guide for continued use by assignors, assignees, creditors, landlords, purchasers of assets, owners, accountants, real and personal property brokers and other related professionals. Read More

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Partnerships and LLCs Committee

The Partnerships and LLCs Committee (PLLC) is a group of new and experienced attorneys who focus on recent developments and current issues in general and limited partnerships, limited liability companies, and limited liability partnerships. The PLLC is proposing amendments to two sections of the California Revised Uniform Limited Liability Company Act (“RULLCA”). Read More

Selected Developments in Business Law — Internet Law and Practice in California

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is from the July 2020 update to Internet Law and Practice in California. References are to the book’s section numbers. The most significant legal developments since the last update include developments in such important topic areas as copyright, patent, domain names and trademark, independent contractor classification, social media, privacy, Internet advertising, and litigation issues.

July 2020 Update

Knowledge can also include willful blindness. Specifically, actual knowledge requires showing either "actual knowledge of specific acts of infringement" or "willful blindness of specific facts" demonstrating infringement." Erickson Prods., Inc. v Keck (9th Cir 2019) 921 F3d 822, 832. The Ninth Circuit defined willful blindness as taking "deliberate actions to avoid confirming a high probability of wrongdoing and who can almost be said to have actually have known the critical facts." 921 F3d at 833. See §§1.27A, 1.29, 1.35. Read More

Editors

  • Dennis Wickham, Editor-in-Chief
  • Everett L. Green, BLS Vice Chair of Publications and Contributing Editor
  • Corey R. Weber, BLS Chair and Contributing Editor
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