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November 4, 2011

WEST VIRGINIA LAW INSTITUTE

GOVERNING COUNCIL MEETING

November 4, 2011

WVU College of Law, Davis Gallery

Morgantown, West Virginia*

1. The Governing Council of the West Virginia Law Institute met on November 4, 2011, at the West Virginia University College of Law, in Morgantown, West Virginia. The meeting was called to order and chaired by President Scott Curnutte. In attendance or participating by phone were Council members Henry Bowen, Vince Cardi, Kurt Dettinger, Richard Ford, John Homburg, Gary Johnson, Cynthia Loomis, Joyce McConnell, Gary Nickerson, Sean McGinley, Jessie Reckert, Kevin Robinson, Jacqueline Sikora, Ryan Simonton, John Unger, John Wallace, Dawn Warfield, Representing Attorney Gen. Darrell McGraw, Jacqueline Wilson, and Bill Wooton. Director/Secretary David Hardesty was also present and participating.

2. The Council approved the minutes of its May 23, 2011 meeting.

3. Director/Secretary Hardesty informed the Council of his resignation and recommended the selection of Robert Bastress as the new Director/Secretary. Richard Ford moved and Dawn Warfield seconded that Mr. Bastress become the new Director/Secretary. That motion passed, and Mr. Bastress then joined the meeting.

4. Member and Professor Vince Cardi presented a proposed Uniform Business Entities Act, which is a comprehensive compilation of eight or so uniform laws that have been previously prepared and distributed by the Uniform Law Commission. Richard Ford moved to authorize Professor Cardi to put together a plan for enacting the proposed Uniform Act. The motion was tabled until after the Institute has settled upon its near term and long term strategies.

5. The Council held an open-ended discussion about how it should proceed and what its mission should be. Member Wooton suggested the Institute could provide a forum for exchanges with the Legislature. Senator and Member Unger thought the Council could forge joint projects with the Bar and the Legislature. Several members expressed the view that the Council should continue to identify projects that would provide valuable research to the Legislature and that funds would be needed to conduct forums around the State to gather information and to educate the Bar and the public on the Institute’s projects. Senator Unger thought that legislative funding might be available for those purposes.

6. It was moved and seconded to direct President Curnutte and Secretary Bastress to meet with legislative leaders to discuss the possibility of legislative funding, the future membership of the Council, and potential projects that would be helpful and appropriate projects for the Institute to complete. That motion passed.

7. The Council adjourned without setting a date for its next meeting.


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