Business Law Institute 2017

September 2017
 
Business Law Institute 2017
 
Co-sponsored by the Business Law and Tax Law Sections of the Colorado Bar Association and the Denver Bar Association
 
 
Program Highlights:
 
Plenary Sessions Include:  
 
- Colorado’s Economic Outlook: Powerhouse on the Range in 2018? Implications for You, Your Clients and Potential Clients
Featured Presentation
 
- Improve Your Skill at the Bargaining Table!
 
- Staying out of the In-House Dog House!
An In-House Counsel Panel Presentation   
 
- Case Law, Legislative and Secretary of State Updates  
 
- Third Party Legal Opinions and Customary Practice: Offering Advice to One Not Your Client
A Panel Presentation
   
Plus, Choose from the Following Breakout Session Topics:   
- Choice of Entity: A Contrarian Approach
- Data Privacy and Cybersecurity: The Important Legal Issues, and Practical Tips for Businesses
- LLC and Partnerships in Bankruptcy: Pick Your Partner Versus the U.S. Bankruptcy Code
- Protecting Your Client’s Intellectual Property and Confidential Information
- Warning: Employer Agreements to Fix Employee Wages or Not to Poach Employees is Now a Criminal Offense of the US Antitrust Laws
- Business Law Vignettes: From the Perspective of Occasional Expert Witnesses
- Drafting Buy-Sell Agreements
- Employment Law Update
- How to Shut Down a Distressed Business Successfully, and Without Bankruptcy
- Qualified Small Business Stock Under IRC Section 1202: A Business Lawyer’s Guide to Understanding the “Wild West”
- Employment-Related Agreements and Forms
- Selected Topics in Small Business Purchase and Sale Transactions
- Drafting LLC Essential Documents
- Essentials of Marijuana and Industrial Hemp Businesses  
- Negotiating and Structuring Your Next M&A Deal
- Securities Law Survival Guide
- Drafting Clauses for Alternative Dispute Resolution, Out- of- Court Procedures and More
- Protecting Owners, Members and Shareholders from Personal Liability
- Avoiding Permanent Establishment and Foreign Income Taxes When Contracting with Foreign Entities
- What Should the Buyer’s Lawyer Look For, and Ask About in Regard to the Target’s Financial Statements?  
 
Program Description  
 
Make certain your business law practice is a robust practice. Attend our “don’t-miss” Business Law Institute. You will come away from this intense learning experience, not only with increased knowledge and comprehensive course materials, but with new resources for you to turn to when advising your clients. You and your clients will benefit from your participation in the Institute for months and years to come.  
 
Attend and also be ready for Denver Startup Week when it happens later in September! Look for the breakout sessions with the asterisk! These sessions will particularly help you better advise start up clients.  
 
We welcome our featured presenter Dr. Richard Wobbekind, Senior Associate Dean for Academic Programs, Associate Professor of Business Economics and Finance, and Executive Director of the Business Research Division at the Leeds School of Business, University of Colorado at Boulder. For almost 30 years, he has developed an annual consensus forecast of the Colorado economy!  
 
 
CANCELLATIONS: If you are unable to attend, please notify CBA-CLE by September 6, 2017 and we will gladly refund your tuition in full, or you may transfer your tuition to another party. Regretfully, we are unable to transfer your registration to the audio home study. Cancellations after 5pm on September 6, 2017 will be refunded less a $150 cancellation fee.
       
 
 
Business Law Institute 2017 Confirmed Sponsors
 
Platinum
 
Gold
 
Silver
 
 
Sponsorship opportunities are available! For more information, please contact Melissa Higham at mhigham@cobar.org          

 
Wednesday, September 13 - DAY ONE
 
8:15am  
Registration and Continental Breakfast
 
 
8:50am
Introductions and Welcome
Andrew J. Johnson, Esq., Onsager Fletcher Johnson, Chair, Colorado Business Law Section
Vincent J. O’Brien, Executive Director, Colorado Bar Association CLE
 
 
PLENARY SESSIONS
Special thanks to the Denver Bar Association for its Co-sponsorship and Making Our Featured Presentation Possible!   
 
Featured Presentation
Colorado’s Economic Outlook: Powerhouse on the Range in 2018? Implications for You, Your Clients and Potential Clients
- What’s Growing; What’s Hot, What’s Not; Population/Employment/Consumption Trends; Fiscal Resources/Business Investment
- Where is the Energy Sector Headed?  Policies and Practices Maximizing Opportunities/Managing Challenges
- Impact on Entity Filings/Entity Dissolutions, Legal Expertise, Skills, Knowledge Needed, Residential/Commercial Real Estate Trends/Permits
 
Presented by Richard L. Wobbekind, Senior Associate Dean for Academic Programs and Executive Director of the Business Research Division, Leeds School of Business, University of Colorado, Boulder
  
10:00am
Morning Networking Break – Please Visit Our Sponsors!
 
10:15am
Improve Your Skills at the Bargaining Table!
(Submitted for .4 Ethics Credit)
- The Predictable Stages of Negotiation
- Goals and Essential Skills in Each Stage
- The Right Tactics at the Right Time™
- Essential Ethical Principles – Bad Faith, Coercion, Concealment, Deceit
 
Presented by Honorable Russell E. Carparelli (ret.), Mediator, Innovator, Judge, Leader, Lawyer!
 
11:40am
Presentation of the Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award!
 
12:00pm
Lunch on Your Own
 
Day One Breakout Sessions:
 
1:10-2:00pm
Breakout Session A
 
Option 1: Choice Of Entity: A Contrarian Approach - Presented by Eric J. Zinn, J.D., LL.M., M.B.A., M.S.I.S., M.S.F., Director, Graduate Tax Program, University of Colorado Denver., Business School, and Of Counsel, Kutak Rock LLP   
 
Option 2: Data Privacy and Cybersecurity: The Important Legal Issues, and Practical Tips for Businesses - Presented by Steve Fritz, Esq.   
 
Option 3: LLCs and Partnerships in Bankruptcy: Pick Your Partner Versus the U.S. Bankruptcy Code - Presented by Allen Sparkman, Esq., and Herrick K. Lidstone, Jr., Esq.
 
2:05-2:55pm
Breakout Session B
 
Option 1: Protecting Your Client’s Intellectual Property (IP) and Confidential Information - Presented by Ryan Arney, Esq
 
Option 2: Warning: Employer Agreements to Fix Employee Wages or Not to Poach Employees is Now a Criminal Offense of the US Antitrust Laws - Presented by Todd Seelman, Esq., and Robin Alexander, Esq.
 
Option 3: Business Law Vignettes (From the Perspective of Occasional Expert Witnesses) - Presented by J. William Callison, Esq., and  Herrick K. Lidstone, Jr., Esq.
 
2:55-3:10pm
Morning Networking Break – Please Visit Our Sponsors!
 
3:10-4:00pm
Breakout Session C
 
Option 1: Drafting Buy-Sell Agreements - Presented by Rehan Hasan, Esq.
 
Option 2: Employment Law Update, Including Impact/Potential Impact of the Trump Administration on Labor & Employment Issues - Presented by Christopher L. Ottele, Esq.
 
Option 3: How to Shut Down a Distressed Business Successfully, and Without Bankruptcy (A Successful Failure!) - Presented by Donald Allen, Esq., and Alice A. White, Esq.
 
4:05-4:55pm
Breakout Session D
 
Option 1: Qualified  Small Business Stock Under IRC Section 1202: A Business Lawyer’s Guide to Understanding the “Wild West” - Presented by Ashley L. Thompson, Esq.
 
Option 2: Employment-Related Agreements and Forms - Presented by Cynthia E. Wellbrock, Esq.
 
Option 3: Selected Topics in Small Business Purchase and Sale Transactions - Presented by Julian M.  Izbiky  Esq., and Jonathan Langer, Esq.
  
4:55pm
Adjourn to Networking Reception - All Business Law Section Members and Its Subsections Are Invited!  
(No need to register for the Institute to attend the reception.)   
 
 
Thursday, September 14 – DAY TWO
 
8:30am    
Continental Breakfast
Please Visit Our Sponsors!
 
8:50am
Welcome Back
Andrew J. Johnson, Esq., Onsager Fletcher Johnson, Chair, Colorado Business Law Section
Vincent J. O’Brien, Executive Director, Colorado Bar Association CLE
 
PLENARY SESSIONS  
9:00am
Staying out of the In-House Doghouse! Effective Partnering Between In-House and Outside Counsel
(Submitted for . 3 Ethics Credit)
- Case, Trial, and Transactional Practice Tips and Trends
- Communication Do’s and Don’ts – Effective/Objective
- Ethical Considerations
- Risk Assessments
- Managing Expectations
- Evolving Role of In-House Counsel
 
Panelists:
Kathryn Young, Senior Employment and Commercial Litigation Manager, Office of General Counsel, Hewlett Packard Enterprise, Sarah Forsythe Pritchard, Associate Counsel, University of Colorado│Office of University Counsel and Sherri Heckel Kuhlmann, Chief Counsel, Agrium Retail
Moderated by Melissa Hubbard, Esq.
 
10:00am
Morning Networking Break – Please Visit Our Sponsors!
 
10:15am
Essential Updates for the Business Lawyer
 
Case Law  
Presented by Gil B. Rosenthal, Esq.
 
Legislation
- Update to Public Benefit Corporation Act of Colorado
- Protect Seniors from Financial Abuse Act
- Charitable Solicitations
Presented by Trevor Crow, Esq.
 
Secretary of State
- Revised Uniform Law On Notarial Acts (RULONA), Effective July 1, 2018
- Notary Law ABCs for Business Attorneys, Including Authentication of a Notarized Document For Use in Another Country and Physical Presence Requirements
Presented by Carla Hoke, Legal Analyst, Business and Licensing Division, Colorado Secretary of State Office
 
11:30 am
Third Party Legal Opinions and Customary Practice: Offering Legal Advice to One Not Your Client
(Submitted for .3 Ethics Credit)
- What is a Third Party Opinion?
- Is Giving Legal Advice to a Third Party Not Your Client Even Ethical?   
- American Bar Association Statement on the Role of Custom and Practice in the Preparation and Understanding of Third-Party Legal Opinions
- What is “Custom and Practice” or “Customary Practice” in the Preparation and Understanding of Third-party Legal Opinions?
- Business Law Opinions Versus Real Estate Opinions; TriBar versus ACREL.. Is there a Difference?
 
Presented by Herrick K. Lidstone, Jr., Esq., Laurence G. Preble, Esq., and Christopher W. Payne, Esq.
 
12:20pm
Lunch on Your Own
 
1:30-2:20pm
Breakout Session E
 
Option 1: Drafting LLC Essential Documents - Presented by Eric J. Zinn, J.D., LL.M., M.B.A., M.S.I.S., M.S.F., Director, Graduate Tax Program, University of Colorado Denver., Business School, and Of Counsel, Kutak Rock LLP  
 
Option 2: Marijuana and Industrial Hemp Businesses: Overview, Essentials, and Sources of Additional Information - Presented by Adam Foster, Esq.
 
Option 3: Negotiating and Structuring Your Next M&A Deal:  What Deal Lawyers Need to Know About Representation & Warranty Insurance (Trends and Impact) and  Deal Term Studies - Presented by Eric Martin, Managing Director, Institutional Client Relations, SRS Acquiom Inc.  
  
2:25-3:15pm
Breakout Session F
Option 1: Drafting LLC Essential Documents(CONTINUED) - Presented by Eric J. Zinn, J.D., LL.M., M.B.A., M.S.I.S., M.S.F., Director, Graduate Tax Program, University of Colorado Denver., Business School, and Of Counsel, Kutak Rock LLP  
 
Option 2: Securities Law Survival Guide - Presented by Julie Herzog, Esq.
 
Option 3: Drafting Clauses for Alternative Dispute Resolution, Out-of-Court Procedures, and More - Lance K. Tanaka, Vice President, American Arbitration Association
  
3:15 – 3:25pm
Afternoon Networking Break – Last Chance to Visit Our Sponsors!
  
3:25-4:15pm
Breakout Session G
 
Option 1: Protecting Owners, Members, and Shareholders from Personal Liability: Compliance with Corporate and LLC Formalities - Presented by Lee F. Sachnoff, Esq.
 
Option 2: Practical Areas of Consideration when Your Client is Contracting with a Foreign Entity - Presented by Steve Suneson, Esq.
 
Option 3: What Should the Buyer’s Lawyer Look For, and Ask About in Regard to the Target’s Financial Statements? - Presented by Stacey L. Bowers, JD, PhD, Assistant Professor of the Practice, University of Denver Sturm College of Law
 
 
4:15pm
Adjourn            
Location Information
Grand Hyatt Denver Downtown
1750 Welton Street
Denver, CO 80202
Get directions
Registration Fees
Non Member $469.00
CBA Member $389.00
ACC Member $389.00
CBA Business Law Section Member $389.00
CLEACCESSPASS---ELITE Pass Holder $199.00
CBA Tax Law Section Member $389.00
New Lawyer Edge Partner $204.50
CBA Young Lawyers Division $309.00
DBA Member $389.00
CLEACCESSPASS---BASIC Pass Holder $209.00
  • General Credits: 14.00
  • Ethics Credits: 0.50
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Sponsor Information

Take two days and get the latest information at the 2017 Business Law Institute. At the same time, get ready for Denver Startup Week by attending the Institute’s Breakout Sessions particularly pertinent to advising start up clients
 
Register now to enhance your knowledge and skills in a simple and effective manner
 
Expert faculty, information-packed sessions, essential updates and useful materials featured at  Business Law Institute in Denver, September 13-14
 
Annual  Institute addresses recent legal developments, hot topics and essentials for Business Lawyers in the Rocky Mountain Region
 
Choose from over twenty different breakout sessions at the September 2017 Business Law Institute, and get invaluable information on topics of greatest interest to you, AND, receive materials from all breakout sessions