Business Law Institute
The CLE Conference Center
Wanamaker Building, 10th Floor, Suite 1010
Philadelphia PA, 19107
Oct. 17: In-Person or Live Webcast
Oct. 18: Live Webcast only
9:00 am to 4:30 pm
12 CLE credits, including 2 Ethics
Join business law professionals from around the state to learn, connect, and collaborate.
Attend in-person for exceptional networking or virtually for convenience. Choose from a wide variety of educational sessions to design a program that will elevate your career and firm. Learn from some of the state’s most respected business professionals.
Co-sponsored with the PBA Business Law Section and In-House Counsel Committee.
Safety first!
The PBA requires that everyone, including speakers and attendees, must be fully vaccinated against COVID-19 to attend live CLE events. In addition, all participants and attendees, regardless of COVID-19 vaccination status, must wear masks except when presenting, eating or drinking.
A person is fully vaccinated after receiving two doses plus a booster of the Pfizer or Moderna vaccines, OR a single dose of the Johnson and Johnson vaccine followed by a booster of the Pfizer or Moderna vaccine. If not yet eligible for a booster, the person must present proof of the original vaccination plus proof of a negative PCR COVID test taken within 72 hours of arrival at the meeting.
2023 W. Edward Sell/William H. Clark Jr. Business Lawyer Award
Tuesday, October 17
9:00 AM - 9:15 AM
Welcome, CLE Information & Presentation of Sell/Clark Business Lawyer Award to Eric L. Brossman, Esq.
9:15 AM - 10:15 AM
Business Friendly Pennsylvania - Getting PA Open for Business!
Pennsylvania Chamber of Business and Industry President Luke Bernstein & Team Pennsylvania
Pennsylvania boasts dynamic global and local businesses, world-class academic institutions, a robust workforce, and thriving communities. It has distinct economic regions from rural to urban, two dominant metropolitan areas, and incredible natural assets. Given this, public and private sector leaders in Pennsylvania are eager to realize the Commonwealth’s full potential. Now is the time to strengthen economic outcomes in the short- and long-term, to build economic momentum, and to establish Pennsylvania as a bold, innovative, global leader in economic development. Join the Commonwealth's first Chief Transformation Officer Ben Kirshner, Team Pennsylvania Foundation President & CEO Abby Smith, and Pennsylvania Chamber of Business & Industry President Luke Bernstein for an in-depth discussion covering Governor Shapiro's recently announced plans to create the Commonwealth’s first comprehensive economic development strategy in more than 15 years, how Pennsylvania can leverage its existing competitive advantages and enact bipartisan pro-business reforms to make the Commonwealth more attractive for employers, and other key issues impacting Pennsylvania's business climate.
Luke Bernstein
PA Chamber of Business and Industry
Abby Smith
President & CEO, Team Pennsylvania Foundation
Ben Kirshner
Chief Transformation Officer
Commonwealth of Pennsylvania, Office of Transformation & Opportunity
10:15 AM - 10:25 AM
Break
10:25 AM - 11:25 AM
Understanding And Using Economic Leverage When Confronting a Business Bankruptcy
Gary M. Schildhorn, Esq.
11:25 AM - 11:35 AM
Break
11:35 AM - 12:35 PM
2023 Employment Law Update With 2024 Forecast
Catherine E. Walters, Esq.
During 2023, employers have continued to face unprecedented challenges and changes in the employment and labor law landscape, and 2024 promises to be just as challenging! Attend this program to catch up on recent developments in employment and labor law, including Supreme Court decisions affecting employers and employees, DOL agency activities such as the long-awaited revisions to the white-collar overtime exemptions, the OFCCP’s updated approach to enforcement, and recent OSHA initiatives. Learn more about the NLRB’s reanimated focus on employee polices and handbooks, along with developing EEOC initiatives and new legislation, such as the Pregnant Workers Fairness Act. We will also cover several hot topics and forecast what employers can expect in 2024.
12:35 PM - 1:05 PM
Lunch
1:05 PM - 2:05 PM
Back to the Drawing Board: Recent Law Changes and M&A Developments Warrant Reconsideration of Governance Documents by Closely Held Businesses
Paul T. Rushton, Esq. & Lee S. Piatt, Esq.
Due to the relatively limited changes that have been made to Pennsylvania’s Business Corporation Law (“BCL”) and the acquisition terms typically presented to closely held businesses over the past few decades, practitioners representing closely held businesses have likely not made significant changes to their standard Bylaws and Shareholders’ Agreement forms for some time. However, with the recent changes to the BCL that were promulgated by Act 122 of 2022 and the increased prevalence of mandatory F reorganizations and “roll-over” equity in acquisitions of closely held business, it is now time for practitioners to consider several updates to the governance documents for their S Corporation clients.
This presentation will identify several recent changes to the BCL and certain developments to the M&A practice for closely held businesses that should prompt practitioners to revisit the provisions that are included in the governance documents for their S Corporation clients. The presenters will also describe certain modifications to such governance documents that S Corporation clients may desire to adopt to take advantage of certain favorable changes to the BCL and to prepare to sell their business in today’s M&A environment more easily.
2:05 PM - 2:10 PM
Break
2:10 PM - 3:10 PM
Transparency Act
Timothy A. Hoy, Esq., Lisa R. Jacobs, Esq. & W. Henry Snyder, Esq.3:10 PM - 3:20 PM
Break
3:20 PM - 4:20 PM
Falling for Ethics: An Ethics Roundup for Business Lawyers
Thomas G. Wilkinson, Jr., Esq., Deborah A. Winokur, Esq. & Abraham C. Reich, Esq.This program will cover ethical considerations for lawyers who focus their practice on transactional representations. Specific topics addressed will be ethical considerations when using artificial intelligence, updates on attorney-client privilege in dual-purpose communications, conflicts of interest in business transactions and communications with clients.
Wednesday, October 18
9:00 AM - 10:00 AM
Concurrent Sessions
Track A
Supply Chain - Lessons from the Pandemic
Jennifer F. Shugars, Esq., Lois B. Duquette, Esq. & Thomas Gulick
The pandemic tied up supply chains in ways and to an extent that were previously unimaginable. Contracts with onerous penalties were no match for the unique challenges created by a global pandemic. What lessons did the disruptions caused by the pandemic teach us that can be applied to reduce the risk from future supply chain disruptions? Attend this session to learn strategies for negotiating contracts and developing business practices to better manage the risk posed by supply chain disruptions from both an in-house and private practice perspectives.
Track B
Artificial Intelligence
Ilona Logvinova, Esq., Peter Zipparo, Esq., D. Casey Flaherty, Amir R. Ghavi, Esq.
10:00 AM - 10:10 AM
Break
10:10 AM - 11:10 AM
Concurrent Sessions
Track A
Personal Data EU/US Agreement
Jordan L. Fischer, Esq., CIPP/US, CIPP/E, CIPM
Track B
FTC & PA Privacy - Restrictive Covenant Ban
Leslie E. John, Esq.
11:10 AM - 11:20 AM
Break
11:20 AM - 12:20 PM
Concurrent Sessions
Track A
Current Topics in Digital Assets and Controllable Electronic Records
Beverly Weiss Manne, Esq., Victoria A. Reider, Esq., Juliet M. Moringiello, Esq.
Track B
Negotiating Business Divorce without Losing the Business
Curtis L. Golkow, Esq.
12:20 PM - 12:50 PM
Lunch
12:50 PM - 1:50 PM
Concurrent Sessions
Track A
Delaware Corporate Law
John L. Reed, Esq.
Track B
The Future of the Global Supply Chain
Dennis Unkovic, Esq.
The global supply chain has been fracturing for years. COVID-19 accelerated the process of its decline, and the supply chain is undergoing a dramatic transformation. The growing presence of cyber threats, the revolutionary impact of 3-D printing, the rapid adoption of robotics, and how nations are seeking to protect their domestic economies from foreign competitors are just a few of the reasons driving the changes. This presentation will describe what to expect in the future and these changes impact on the global economy.
1:50 PM - 2:00 PM
Break
2:00 PM - 3:00 PM
Concurrent Sessions
Track A
Due Diligence for Deals in the Digital Age
Peter A. Jaslow, Esq.
Track B
Next Hot Practice Area? Cannabis: Legal and Business Fundamentals, Can You Bank This?
Micah R. Bucy, Esq.
The Cannabis industry faces many challenges. Some are traditional challenges like employee, land use, or contract negotiations law. Other challenges are unique to cannabis businesses, like the 280E tax penalties or banking laws. In this session we will explore the ways in which cannabis companies need traditional legal counsel and why traditional lawyers may need to know the special circumstances that cannabis entities face. Attend this session for an interesting and entertaining look at the world of cannabis.
3:00 PM - 3:10 PM
Break
3:10 PM - 4:10 PM
Concurrent Sessions
Track A
Ethics in Data Privacy
Daniel J. Siegel, Esq.
This program will explore the intersection of legal ethics and data privacy laws and regulations and help lawyers navigate ethical challenges while safeguarding personal, confidential, and sensitive information.
Learning Objectives:
1. Understanding the impact of the Rules of Professional Conduct on preservation of client data
2. Analyzing ethical issues in data privacy
3. Implementing best practices with practical solutions
Track B
Ethical Considerations of Using ChatGPT
Brandon Lee Wolff, Esq., Yanai Z. Siegel, Esq. & Anne L. LaBarbera, Esq.
Planning Team
Rodney A. Akers, Esq.
Adjunct Professor of Law, University of Pittsburgh School of Law
Eric L. Brossman, Esq.
Bybel Rutledge LLP
Imogene L Cathey, Esq.
Vice President and General Counsel, Seton Hill University
Timothy A. Hoy, Esq.
Mette, Evans & Woodside
John B. Wright II, Esq. (Retired)
Ballard Spahr LLP
Our Faculty
Rodney R. Akers, Esq.
Adjunct Professor of Law, University of Pittsburgh School of Law
Luke Bernstein
PA Chamber of Business and Industry
Eric L. Brossman, Esq.
Bybel Rutledge LLP
Micah R. Bucy, Esq.
Hawke McKeon & Sniscak LLP
Imogene L. Cathey, Esq.
Vice President and General Counsel, Seton Hill University
Lois B. Duquette, Esq.
McNees Wallace & Nurick LLC
Michael D. Ecker, Esq.
Eckert Seamans Cherin & Mellott, LLC
Jordan L. Fischer, Esq.
CIPP/US, CIPP/E, CIPM, Constangy, Brooks, Smith & Prophete, LLC
D. Casey Flaherty
LexFusion
Amir R. Ghavi, Esq.
Fried Frank
Curtis L. Golkow, Esq.
Golkow Business Law LLC
Thomas Gulick
McNees Wallace & Nurick LLC
Timothy A. Hoy, Esq.
Mette, Evans & Woodside
Lisa R. Jacobs, Esq.
Stradley Ronon Stevens & Young LLP
Peter A. Jaslow, Esq.
Ballard Spahr LLP
Leslie E. John, Esq.
Ballard Spahr LLP
Anne L. LaBarbera, Esq.
Anne LaBarbera Professional Corporation
Kathryn Goldstein Legge, Esq.
Legge Law LLC
Ilona Logvinova, Esq.
McKinsey & Co.
Beverly Weiss Manne, Esq.
Tucker Arensberg, P.C.
Juliet M. Moringiello, Esq.
Associate Dean for Academic Affairs, Prof. of Law, Widener University Commonwealth Law School
Lee S. Piatt, Esq.
Rosenn Jenkins & Greenwald LLP
John L. Reed, Esq.
DLA Piper LLP US
Abraham C. Reich, Esq.
Fox Rothschild LLP
Victoria A. Reider, Esq.
Dilworth Paxson LLP
Paul T. Rushton, Esq.
Rosenn Jenkins & Greenwald LLP
Gary M. Schildhorn, Esq.
Eckert Seamans Cherin & Mellott, LLC
Jennifer F. Shugars, Esq.
Dentsply Sirona Inc
Daniel J. Siegel, Esq.
Law Offices of Daniel J. Siegel, LLC
Yanai Z. Siegel, Esq.
Appliance Dealers Cooperative
W. Henry Snyder, Esq.
K & L Gates
Dennis Unkovic, Esq.
Meyer Unkovic & Scott LLP
Catherine E. Walters, Esq.
Bybel Rutledge LLP
Thomas G. Wilkinson, Jr., Esq.
Cozen O'Connor
Deborah A. Winokur, Esq.
Cozen O'Connor
Brandon Lee Wolff, Esq.
John B. Wright II, Esq., (Retired)
Ballard Spahr LLP
Peter Zipparo, Esq.
McKinsey & Co.