Commercial Lending Today 2017

Why You Should Attend

Get high-level guidance on the issues that matter in commercial law today!

Join us in San Francisco to keep current on the critical developments in commercial lending and their impact on your practice. Hear the latest from a stellar national faculty with unparalleled experience in developing the new laws and in guiding major clients through some of the most compelling transactions and controversies in the industry.

What You Will Learn

This highly rated advanced course provides sophisticated insights AND practical analysis on today’s most important commercial law topics. This year’s program will explore:

The intersection of Articles 2 and 9

The issues that arise when goods subject to a security interest are in the possession of a third party

Hidden and limited guaranties, including “bad boy” guaranties

Best practices for intellectual property security interests and the new ABA Model IP Security Agreement

How the Hague Securities Convention will affect practitioners and parties to commercial transactions

Opinion letters: Traps for the unwary

The latest in commercial and bankruptcy case law

Group participation in discussions following the presentations enhances the learning experience. A special lunch-time presentation on litigation funding and its relevance for commercial lending lawyers will be available to those who attend in San Francisco. On-site attendees also benefit from opportunities to network and learn from faculty and experienced practitioners from across the country.

Register today! Get the updates you need, network with colleagues and speakers from across the country, and have your most pressing questions answered by a distinguished national faculty.

Who Should Attend

This advanced program will benefit in-house counsel; attorneys who represent banks, non-bank lenders, and other financial services institutions and companies that regularly extend credit; and lawyers whose clients regularly borrow or otherwise find themselves in various financial marketplaces.

Planning Chairs

(also on faculty)

Patrick A. Guida, Duffy & Sweeney, Ltd., Providence, Rhode Island

Harry Sigman, Law Office of Harry C. Sigman, Los Angeles (ALI Member)

Faculty

Carl S. Bjerre, Kaapcke Professor of Business Law, University of Oregon School of Law, Eugene, ALI Member

Henry S. Bryans, Newtown Square, Pennsylvania, ALI Member

Penelope L. Christophorou, Cleary Gottlieb Steen & Hamilton LLP, New York

Neil B. Cohen, Jeffrey D. Forchelli Professor of Law, Brooklyn Law School, Brooklyn; Research Director, Permanent Editorial Board for the Uniform Commercial Code, ALI Member

Jeffrey H. Davidson, Pachulski Stang Ziehl & Jones, Los Angeles

Richard W. Esterkin, Morgan, Lewis & Bockius LLP, Los Angeles

Susan M. Freeman, Lewis Roca Rothgerber Christie LLP, Phoenix, ALI Member

Matthew Harrison, Investment Manager and Legal Counsel, Bentham IMF, San Francisco

Brian D. Hulse, Davis Wright Tremaine LLP, Seattle

Pamela J. Martinson, Sidley Austin LLP, Palo Alto, California

Alan M. Mirman, Mirman, Bubman & Nahmias, LLP, Woodland Hills, California

The Honorable Dennis Montali, U.S. Bankruptcy Court, Northern District of California, San Francisco

Kathy Bazoian Phelps, Diamond McCarthy LLP, Los Angeles

Thomas Plank, Joel A. Katz Distinguished Professor of Law, University of Tennessee College of Law, Knoxville; Of Counsel, Morgan, Lewis & Bockius LLP, Washington, D.C., ALI Member

Sandra M. Rocks, Cleary Gottlieb Steen & Hamilton LLP, New York, ALI Member

Stephen L. Sepinuck, Frederick N. & Barbara T. Curley Professor of Law, Gonzaga University School of Law, Spokane, Washington, ALI Member

Edwin E. Smith, Morgan Lewis & Bockius LLP, Boston and New York, ALI Member

Peter S. Szurley, McGuireWoods LLP, San Francisco

Steven O. Weise, Proskauer Rose LLP, Los Angeles, ALI Member

Program Schedule

NOTE: The program posted below is the most current (as of 2/2/2017) and differs significantly from the brochure or other printed marketing pieces you may have seen.

(all times Pacific)

Thursday, April 20, 2017

8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Administrative Remarks – ALI CLE Staff

Video Webcast Segment A

9:00 a.m. Course Overview – Messrs. Guida and Sigman

9:05 a.m. Third Parties in Possession of Secured Party Collateral: Bailments, Consignments, and Goods Covered by Negotiable and Non-Negotiable Documents – Professor Cohen and Messrs. Smith and Weise

The issues arising when goods subject to a security interest are in possession of a third party, plus best practices for protecting the security interest

10:00 a.m. Statutory Lien Creditors and Non-Article 9 Claims – Professor Sepinuck and Ms. Martinson

How liens and claims arising under other law might affect the priority of an Article 9 security interest 

11:00 a.m. Networking and Refreshment Break

11:15 a.m. Intersection of Article 2 and Article 9: Seller's Reclamation Rights and Article 2 Security Interest – Professors Cohen and Sepinuck and Messrs. Smith and Weise

How security interests arise under Article 2 of the UCC and the comparison of those interests with Article 9

12:00 noon Networking Lunch for Registrants and Faculty

Lunch Presentation: The Basics of Litigation Funding – Mr. Harrison (not webcast or recorded)

The basics of litigation funding, including how and when it may be relevant for commercial lending lawyers

Video Webcast Segment B

1:00 p.m. Commercial Case Law Developments – Professor Sepinuck and Messrs. Smith and Weise

A review of those judicial decisions rendered over the last year having the greatest impact on commercial law, with written materials summarizing hundreds of those cases

2:30 p.m. Opinion Letters: Traps for the Unwary - Ms. Rocks and Messrs. Szurley and Weise

A look at “traps for the unwary” in both standard and “unusual” opinions relating to transactions under Article 9 of the UCC, including electronic UCC filings, definitional mismatches in transaction documents, collateral description concerns, various priority issues and filings involving fixtures, transmitting utilities, and foreign debtors

3:15 p.m. Networking and Refreshment Break

3:30 p.m. Intellectual Property Security Interests – Current Issues; ABA Model IP Security Agreement – Ms. Martinson and Messrs. Davidson, Guida, and Weise

Best practices in the area of intellectual property security law and a report on the new ABA Model IP Security Agreement

4:30 p.m. Hague Securities Convention: Effects on Commercial Transactions – Professor Bjerre, Ms. Rocks, and Messrs. Smith and Weise

How the Hague Securities Convention (effective in the U.S. on April 1, 2017) will affect practitioners and parties to commercial transactions, including the ability of parties to select the Convention equivalent of the “securities intermediary’s jurisdiction,” special transition rules for dealing with pre-existing account documentation, perfection by filing UCC financing statements, and considerations for opinion practice

5:30 p.m. Adjournment for the Day

Friday, April 21, 2017

8:00 a.m. Continental Breakfast

Video Webcast Segment C

8:30 a.m. Electronic Chattel Paper – Professor Plank and Mr. Weise

The rules for creating electronic chattel paper and some of the trickier issues on conversion of tangible chattel paper to electronic (and vice-versa)

9:15 a.m. Electronic Mortgage Notes: Articles 1, 3, and 9 Drafting Committee - Professor Cohen and Messrs. Guida, Smith, and Weise

Current efforts to establish an electronic registry for residential mortgage notes and the changes to UCC Articles 1, 3, and 9

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Bankruptcy Case Law: Key Developments – Judge Montali, Professor Sepinuck, Ms. Freeman, and Messrs. Davidson and Smith

Bankruptcy case decisions rendered over the last year having the greatest impact on commercial lending

12:00 noon Lunch Break (on your own)

Video Webcast Segment D

1:15 p.m. Hidden Guaranties and Limited Guaranties – Ms. Christophorou, Professor Cohen, and Messrs. Guida and Hulse

An exploration of the circumstances in which a person may have the special rights of a guarantor or surety of an obligation without having entered into an agreement describing such an obligation, as well as the various types of limited guarantees, including “Bad Boy” guaranties

2:15 p.m. Non-Bankruptcy Insolvency Proceedings – Receiverships, Assignments for Benefit of Creditors, and More - Ms. Phelps and Messrs. Esterkin, Mirman, and Smith

How an Article 9 security interest may be affected by insolvency proceedings or procedures other than under the Bankruptcy Code

3:15 p.m. Networking and Refreshment break

3:30 p.m. Ethical Issues in Commercial Lending Transactions – Ms. Rocks and Messrs. Bryans and Guida

A discussion of ethical challenges commonly confronted by commercial law practitioners

5:00 p.m. Adjournment

Total 60-minute hours of instruction: 13.5, including 1.5 hours of ethics; Total 50-minutes of Instruction: 16.2, including 1.8 hours of ethics 16 CPE credit hours in Business Law (live program and group internet based program)

Suggested Prerequisite: Experience in practice in subject matter

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner.

Level of Instruction: Advanced

Click Here for MCLE Credit Information

Times

Pacific

Mandatory CLE Credit

Virtually all ALI CLE programs receive credit in AK, AL, AZ, CA, CO, CT, DE, FL, HI, IA, IL, IN, KS, KY, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV and WY. Upon request, ALI CLE will apply for credit in ID, LA, and RI. For more information about CLE or CPE credit, email TeamMCLE@ali-cle.org or call 1-800-CLE-NEWS (253-6397).

On-demand Course

Some jurisdictions limit the number of credits via on-demand (distance learning). We advise that you check your jurisdictions' rules regarding possible restrictions for on-demand or distance learning credit.

Important Note: On-demand courses cannot be consumed for partial credit. You must participate in the course in its entirety, regardless of length, to receive a certificate and credit.

Webcast

Several jurisdictions limit the number of credits to be taken via webcasts. Please check with your state regulator for possible limits in your jurisdiction.

In Person

Printed Coursebook

For further information about the program, please use the links on the lefthand side under "Course Details".

Please use the product code if ordering over the phone or via fax.
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