At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes:

Consumer Contracts: The Council discussed § 1, Definitions and Scope, and § 2, Adoption of Standard Contract Terms, of Council Draft No. 4; the Reporters will take the discussion into account when revising the draft. The project is currently slated to be on the Annual Meeting agenda in 2019.

Government Ethics: The Council approved Council Draft No. 4, containing Chapter 2, Gifts From and Financial Relationships With Prohibited Sources, and Chapter 5, Post-Government Employment Restrictions. This material will be presented as a Tentative Draft for approval at the 2018 Annual Meeting.

International Commercial Arbitration: The Council approved Council Draft No. 6, which contains §§ 1-2 through 1-6 of Chapter 1 on Federal Preemption of State Law on International Commercial Arbitration, and Chapter 3, The Judicial Role in Connection with the Arbitral Proceeding. This material, making up the final portion of the project, will be presented for approval at the 2018 Annual Meeting; a Proposed Final Draft of the entire Restatement will be presented for approval in 2019.

Liability Insurance: The Council approved Council Draft No. 4, except for §§ 3, 4, and 12.

During the discussion, the Council considered a preliminary outline of revisions to §§ 3 and 4 submitted by the Reporters at the meeting, and the Reporters agreed to revise § 12 in a manner consistent with the written comments submitted by Council. Reporters will revise §§ 3, 4, and 12 in accordance with the discussion and present the revisions to the Council in a draft to be distributed in March.

The material, constituting the entire Restatement, will be presented as a Proposed Final Draft for approval at the 2018 Annual Meeting.

Sexual Assault and Related Offenses: The Council discussed Council Draft No. 7 and the Reporters’ revisions to Sections 213.0 and 213.1 posted prior to the meeting. The Council approved Sections 213.1, 213.2, 213.3(1)(b)-(d) and (2), and 213.9. As planned, no vote was taken on the remaining Sections in the draft (213.0(4), 213.0(6), 213.3(1)(a), 213.6, and 213.8).

As previously announced, because the material is interrelated, no drafts will be submitted at an Annual Meeting until 2019, when all portions of the project have been drafted.

Student Sexual Misconduct: The Council approved Chapter 3, Reporting of Sexual Assault and Related Misconduct, of Council Draft No. 1. There was insufficient time to discuss Chapter 4.

Chapter 3, along with Chapter 1, First Principles for Procedural Frameworks, and Chapter 2, Notice and Clarity of Policies; Support and Interim Measures, which were approved by the Council in October 2017, will be presented as a Tentative Draft for approval at the 2018 Annual Meeting.

Torts: Liability for Economic Harm: The Council approved Council Draft No. 4, containing Chapter 4, Misuse of Legal Procedure, and Chapter 5, Secondary Liability. This material will be presented for approval at the 2018 Annual Meeting along with Chapter 3, Interference with Economic Interests, previously approved by the Council. Membership approval of this material would complete the project.

Uniform Commercial Code: The Council approved proposed amendments to Articles 1, 3, and 9. The amendments include a separate draft of revisions to §§ 9-406 and 9-408 on anti-assignment overrides. These revisions are now posted on the project page. The proposed amendments will be presented for approval at the 2018 Annual Meeting.

All Council approvals are subject to the discussion at the meeting and the usual editorial prerogative.

If you would like more information on any of the Drafts or projects, please contact us at communications@ali.org.

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Jennifer Morinigo

The American Law Institute

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