The Impact of the Supreme Judicial Court's March 6, 2017 Decision in IBEW Local NO. 129 V. Tucci (Spring Breakfast Meeting 2017)
NEW ENGLAND LEGAL FOUNDATION and
ASSOCIATED INDUSTRIES OF MASSACHUSETTS
invite you to attend their
spring Breakfast Program
Wednesday, May 3, 2017; 7:30-9:30 A.M.
Boston College Club, 100 Federal Street, Boston, Massachusetts
THE IMPACT OF THE SUPREME JUDICIAL COURT’S MARCH 6, 2017, DECISION IN IBEW LOCAL NO. 129 V. TUCCI
About the Program
In its seminal decision on March 6, 2017, regarding EMC’s merger with Dell, IBEW Local No. 129 v. Tucci, the Supreme Judicial Court clarified the question of directors’ fiduciary duty under Massachusetts corporate law and resolutely distinguished the law of Massachusetts in this area from the law of Delaware. At the heart of the case was the legal question whether directors of a Massachusetts publicly traded corporation, in addition to the duty they owed to the corporation, also owed a separate fiduciary duty directly to the shareholders. In its decision, the Court affirmed that directors of a publicly traded corporation owe a single fiduciary duty to act in the best interests of the corporation, and in doing so may consider its various constituents’ interests, but have no separate duty to act solely in the interest of its shareholders. The Court, for the first time, also clearly distinguished the fiduciary duty owed by directors in that context from shareholder-based duties owed in close corporations and in majority shareholder controlled corporations. Our panelists will discuss the decision itself, its impact upon the development of Massachusetts’ distinct body of corporate law, and whether, in light of this decision, companies currently doing business or starting up in Massachusetts should consider incorporating or re-incorporating under Massachusetts law.
Moderator and Panelist:
There is no cost to attend this program, but seating is limited, so please reserve your place as soon as possible.
Please RSVP by return email (email@example.com) or by calling NELF at (617) 695-3660.
The New England Legal Foundation held its third annual John G.L. Cabot Award Dinner at the Fairmont Copley Plaza in Boston. The evening's guest of honor was James F. Kelleher, Executive Vice President and Chief Legal Officer of Liberty Mutual Insurance Company
NEW ENGLAND LEGAL FOUNDATION
CEO Forum 2016 - Monday, December 5th
The Langham Hotel, Post Office Square, Boston
Reducing the Cost of Electricity in New England
James Messenger, Esquire, Gordon & Rees LLP
John A. Shope, Esquire, Foley Hoag LLP
About the topic:
Residents and commercial customers have long complained that New England has some of the highest retail prices for electricity in the country. At the same time, state legislatures and the federal government increasingly mandate the use of renewable or “clean” power, often at prices higher than those of legacy resources. Some advocate for additional natural gas pipelines and/or interstate electric transmission lines funded by ratepayers, others urge additional mandated renewable power, and yet others advocate letting the restructured and competitive wholesale market decide how New England gets its electricity without government intervention. At the same time, private companies, many here in New England, are developing exciting new technologies in such areas as distributed generation, energy storage, and computerized conservation. Our distinguished panel of experts in the field will discuss what the future holds and its implications for all electricity consumers in our region.
Our Moderator and Panelists on December 5 will be:
Joseph P. Kalt, Ford Foundation Professor (Emeritus) of International Political Economy & Co-Director, Harvard Project on American Indian Economic Development
Mr. Kalt is a Ford Foundation Professor of International Political Economy. His research focuses on exploring the economic implications and political origins of the government regulation of markets. He also heads the Harvard Project on American Indian Economic Development. Kalt has published widely in the area of natural resources economics and policy. He is the author of The Economics and Politics of Oil Price Regulation; Federal Policy in the Post-Embargo Era, Drawing the Line on Natural Gas Regulation (with F.C. Schuller); What Can Tribes Do? Strategies and Institutions in American Indian Economic Development (with Steven Cornell); and The State of the Native Nations (with the Harvard Project on American Indian Economic Development).
Dan Dolan, President, New England Power Generators Association
Mr. Dolan has served as President of the New England Power Generators Association (NEPGA) since the fall of 2011. NEPGA is the trade association representing 80% of the installed generation capacity in New England, approximately 25,000 megawatts. As President he is the principal spokesperson and oversees all activities for the largest trade association representing competitive electric generating companies in New England. Dolan leads a staff that represents the membership on electricity market rules development and expansion of wholesale electric competition and is a frequent speaker at legislative and regulatory hearings as well at industry conferences.
Zeryai P. Hagos, Director, U.S. Growth & Strategy, GE Power
Mr. Hagos is the Director of Growth & Strategy for GE's Power business in the U.S. region. Mr. Hagos’ responsibilities include leading in-region growth initiatives, translating expert knowledge of the power markets into GE’s business strategy and growing GE’s business with the large utility and independent power producer customers. Mr. Hagos has worked at GE for 13 years, including roles with GE's Energy Consulting business and Strategic Marketing for GE’s energy businesses. Mr. Hagos' responsibilities have included managing GE's long term power market forecast for the US region, advising banks, developers, power companies, governments, and GE on investment strategy including the impact of energy policy, emerging technologies and market design. Mr. Hagos has authored comments filed with state and federal governments for proposed energy policies and regulations.
Martin Honigberg, Chair, New Hampshire Public Utilities Commission
Mr. Honigberg was appointed Chair of the New Hampshire Public Utilities Commision in December 2013. He Came to the Commission from Sulloway & Hollis, PLLC in Concord, where he practiced administrative law and litigation, and was head of the firm’s government relations group.
Suedeen Kelly, Former Commissioner, Federal Energy Regulatory Commission, Partner, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.
Ms. Kelly is an internationally-recognized energy industry expert and former Commissioner with the Federal Energy Regulatory Commission (FERC). Ms. Kelly’s knowledge of the national electricity and natural gas industries includes significant experience in infrastructure development and operation, market structures and financial products, emerging technologies, federal and state laws and regulations, impending policy changes and domestic/international market interrelations. She is an experienced litigator on energy and environmental matters in federal and state courts.
Gordon van Welie, Chief Executive Officer, Independent System Operator - New England
Mr. van Welie is President and Chief Executive Officer of ISO New England Inc. He joined ISO New England from Siemens Power Transmission & Distribution LLC, where he served as Vice President and General Manager of the Power Systems Control Division and was responsible for managing information technology solutions for electric companies. Before coming to Siemens, Mr. van Welie held several positions at ESKOM, South Africa’s electric utility based in Johannesburg. Mr. van Welie is a member of the Executive Committee of the US National Committee of CIGRE; the Member Representatives Committee of the North American Electric Reliability Corporation (NERC); and seved on the Electricity Advisory Committee, a group that advises the US Department of Energy (DOE) Office of Electricity Delivery and Energy Reliability. In addition, he is chair of the ISO/RTO Council (IRC).
Event Details, Tickets, and Sponsorships
CEO Forum: 5:30 – 7:30 p.m.
Annual Reception And Buffet: 7:30 – 9:30 p.m.
Cost: $175 per person (includes admittance to CEO Forum and Annual Reception and Buffet) (Reservations for eight or more persons will receive sponsorship designation.)
Please RSVP by Monday, November 28, 2016*, by emailing firstname.lastname@example.org or by calling NELF at (617) 695-3660. Tickets and sponsorships may also be purchased online at www.nelfonline.org.
*Full payment is expected for any cancellations after November 28, 2016.
Fall Breakfast Program
Thursday, November 3, 2016
Boston College Club, 100 Federal Street
Reassessing Arbitration in 2016: Making It Work for Business
About the Program:
Criticisms of consumer pre-dispute arbitration agreements have recently garnered much attention due to concerns about lack of true consent and unequal bargaining power. However, even in a business-to-business setting where such issues are not of significant concern, arbitration has often gotten a bad rap, a view often based on an anecdotal impression or a personal experience that perhaps should be revised in light of data comparing the time and expense of litigation versus arbitration. Moreover, a negative view of arbitration may also be based on a lack of familiarity with the important procedural and substantive developments and reforms in the field over the past several years. Our panelists will include experienced arbitrators, advocates and inside counsel who will lead a comprehensive discussion of arbitration in 2016, focusing on (a) real world experience and data regarding litigation and arbitration time tables and costs; (b) when arbitration makes sense and when it might not; and (c) a detailed overview of the most important tools available to business users to get the business-focused, speedy, efficient and economical arbitration that they want.
Moderator and Panelist:
Spring Breakfast Program
Monday, May 9, 2016
Boston College Club, 100 Federal Street
THE UNTIMELY DEATH OF JUSTICE SCALIA: HIS LEGACY AND
THE POTENTIAL IMPACT OF HIS PASSING ON BUSINESS CASES AT THE SUPREME COURT
About the Program
It has often been remarked that the Roberts Supreme Court has decided a greater number of business cases than under prior Chief Justices. While by no means always the case, it is also true that in a number of high visibility and significant business cases, the business parties have prevailed with a 5-4 majority. This has been true, for example, in the area of arbitration (e.g., AT&T Mobility v. Concepcion, American Express v. Italian Colors), class actions (e.g., Dukes v. Walmart), and the First Amendment (e.g., Citizens United). In these cases, Justice Scalia’s role as the author of the majority opinion or as a member of the majority was crucial. And, of course, even in cases that were not so close, his opinions and views were of great importance in shaping the Court’s decisions. Our panel of Supreme Court litigants and observers will discuss what the late Justice’s legacy is likely to be and whether his untimely passing may affect the outcome of pending and future business disputes that reach the Highest Court.
On October 20, 2015, New England Legal Foundation held its 2nd Annual John G.L. Cabot Award Dinner in Boston. The 2015 honoree was Paul T. Dacier, Executive Vice President and General Counsel of EMC Corporation.
The award is given to an individual whose work reflects a steadfast commitment to the advancement of free enterprise principles in our community both in public discourse and our courtrooms.
NELF would like to thank the following for their sponsorship and attendance:
Choate Hall & Stewart LLP
Cocktail Reception ($20,000)
Ernst & Young LLP
Bainwood, Huang & Associates, LLC
Daly, Crowley, Mofford & Durkee, LLP
Gibson, Dunn & Crutcher LLP
Holland & Knight LLP
Muirhead and Saturnelli, LLC
Ryan, Mason & Lewis, LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Wolf, Greenfield & Sacks, P.C.
Foley Hoag LLP
Kekst and Company Incorporated
Liberty Mutual Group
Littler Mendelson, P.C.
Nutter McClennen & Fish LLP
Ropes & Gray LLP
Wilmer Cutler Pickering Hale and Dorr LLP
Blakely Sokoloff Taylor & Zafman
Boston Red Sox
Boston Scientific Corporation
Conn Kavanaugh Rosenthal Peisch & Ford, LLP
D&D Mulch and Landscape, Inc.
Dergosits & Noah, LLP
Goodwin Procter LLP
Grant Thornton LLP
Hinckley, Allen & Snyder LLP
King & Wood Mallesons
McCarter & English, LLP
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.
Morgan Lewis & Bockius LLP
Orrick, Herrington & Sutcliffe LLP
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
Paul Hastings LLP
Prince Lobel Tye LLP
Rayes & Fagundes Advogados Associados
Sally & Fitch LLP
Santamarina y Steta, S.C.
Sloane and Walsh, LLP
Sodexo, Inc. & Affiliates
Staniford Tomita, LLP
Steptoe & Johnson LLP
Symmes Maini and McKee Associates
Van Pelt, Yi & James LLP
Partners HealthCare System, Inc.
Upland Advisory LLC
Franklin Square Group LLC
Bulkley, Richardson and Gelinas, LLP
The Colony Group
Day Pitney LLP
First Republic Bank
Fish & Richardson
Goulston & Storrs PC
Hamilton Brook Smith & Reynolds
Law Offices of Barry N. Young
Locke Lord LLP
Marquette University Law School
Osha Liang LLP
Pierce Atwood LLP
Sherin and Lodgen LLP
Wragge Lawrence Graham & Co LLP
The New England Legal Foundation held it's 18th CEO Forum on May 14, 2015. The aim of this event is to present a substantive discussion on a topic of vital importance for the New England legal and business communities that will advance debate and awareness.
The 2015 Forum featured a panel discussion led by Joseph L. Bower, Donald K. David Professor of Business Administration, Emeritus, at Harvard Business School. The discussion was based on extensive global research described in the book that Professor Bower and two of his Harvard Business School colleagues published in 2011 entitled Capitalism at Risk: Rethinking the Role of Business. The conversation focused on the threats to market capitalism and the need for business to step up to meet these threats and save the capitalist engine of prosperity for future generations. The panelists shared examples of how their companies are tackling these issues.
Nelson G. Apjohn, Nutter McClennen & Fish LLP
Pauline M. Booth, Duff & Phelps, LLC
Joseph L. Bower - Donald K. Davis Professor of Business Administration, Emeritus, Harvard Business School
William P. Flanagan, PhD, LCACP - Director, Ecoassessment Center of Excellence, Resource & Environmental Strategies, General Electric Company
Akbar Sheriff - Global Head of Strategy, Senior Vice President, Office of Regulatory Initiatives, State Street Corporation
Irina Simmons - Senior Vice President and Chief Risk Officer, EMC Corporation
The New England Legal Foundation held its 2015 Spring Breakfast Program on April 16, 2015. The program's topic focused on the ever-changing class actions landscape. Our panel of class action experts spoke about about some recent, sometimes surprising developments in class action practice and how they may affect the strategic decisions of the parties and their counsel as they navigate the shifting sands.
Donald R. Frederico, Esquire, Partner, Pierce Atwood LLP
Beth I.Z. Boland, Esquire, Partner, Foley & Lardner LLP
Laurence A. Schoen, Esquire,, Member, Mintz Levin Cohn Ferris Glovsky and Popeo PC
John A. Shope, Esquire, Partner, Foley Hoag LLP
Thomas M. Sobol, Esquire, Partner, Hagens Berman Sobol Shapiro LLP