Commercial Lending Today 2017
Thursday - Friday, April 20 - 21, 2017
Video Webcast Bar Association of San Francisco | San Francisco, CA |
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.
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.
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.
(also on faculty)
Patrick A. Guida, Duffy & Sweeney, Ltd., Providence, Rhode Island
Harry Sigman, Law Office of Harry C. Sigman, Los Angeles (ALI Member)
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
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
Pacific
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).
Legend: | |||
Approved | Pending | Self-Submit | Not Approved |
State (General / Ethics) Expiration Date (if applicable) |
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.
AK (12 / 1.5) 4/20/2020 | AL (12 / 1.5) 12/31/2017 | AZ (12 / 1.5) 4/20/2020 | CA (12 / 1.5) 4/20/2020 | CO (14.4 / 1.8) 4/20/2019 | CT (12 / 1.5) 4/20/2020 |
DE (10.5 / 1.5) 4/27/2018 | FL (14.5 / 2) 10/20/2018 | GA (4.5 / 1.5) 4/20/2018 | HI (12 / 1.5) 4/20/2019 | IA (4.5 / 1.5) 4/27/2018 | ID (12 / 1.5) 4/20/2018 |
IL (12 / 1.5) 4/20/2019 | IN (7.5 / 1.5) 4/20/2018 | KY (4.5 / 1.5) 6/30/2017 | LA (2.5 / 1.5) 4/19/2018 | ME (4 / 1.5) 4/20/2020 | MN (12 / 1.5) 4/20/2019 |
MO (6 / 0) 4/20/2020 | MS (4.5 / 1.5) 4/20/2018 | MT (3.5 / 1.5) 4/20/2020 | NC (11.75 / 1.5) 12/31/2017 | ND (12 / 1.5) 4/20/2020 | NE (12 / 1.5) 4/20/2018 |
NH (12 / 1.5) 6/30/2017 | NJ (10.2 / 1.8) 4/20/2018 | NM (2.5 / 1.5) 4/20/2020 | NV (12 / 1.5) 4/20/2020 | NY (14 / 1.5) 4/20/2020 | OH (12 / 1.5) 12/31/2017 |
OK (4 / 2) 10/20/2018 | OR (12.5 / 1) 4/20/2020 | PA (12 / 1.5) 4/20/2019 | PR (12 / 1.5) 4/20/2020 | RI (1.5 / 1.5) 4/20/2020 | SC (4.5 / 1.5) 12/31/2017 |
TN (12 / 1.5) 4/20/2018 | TX (12 / 1.5) 3/31/2018 | UT (10.5 / 1.5) 12/31/2017 | VA (12.5 / 1) 10/31/2017 | VI (14.4 / 1.8) 4/20/2020 | VT (8.5 / 1.5) 4/20/2020 |
WA (12 / 1.5) 4/20/2022 | WI (10 / 0) 4/20/2020 | WV (10.2 / 1.8) 4/20/2020 | WY (3.5 / 1.5) 4/20/2020 |
Several jurisdictions limit the number of credits to be taken via webcasts. Please check with your state regulator for possible limits in your jurisdiction.
AK (12 / 1.5) | AL (12 / 1.5) | AR (12 / 1.5) | AZ (12 / 1.5) | CA (12 / 1.5) | CO (14.4 / 1.8) |
CPE (16 / 0) | CT (12 / 1.5) | DE (10.5 / 1.5) | FL (14.5 / 2) | GA (12 / 1.5) | HI (12 / 1.5) |
IA (12 / 1.5) | ID (12 / 1.5) | IL (12 / 1.5) | IN (7.5 / 1.5) | KS (3.5 / 1.5) | KY (12 / 1.5) |
LA (2.5 / 1.5) | ME (12 / 1.5) | MN (12 / 1.5) | MO (14.4 / 1.8) | MS (4.5 / 1.5) | MT (12 / 1.5) |
NC (11.75 / 1.5) | ND (12 / 1.5) | NE (12 / 1.5) | NH (12 / 1.5) | NJ (10.2 / 1.8) | NM (12 / 1.5) |
NV (12 / 1.5) | NY (14 / 1.5) | OH (12 / 1.5) | OK (14.5 / 2) | OR (12.5 / 1) | PA (12 / 1.5) |
PR (12 / 1.5) | RI (14 / 1.5) | SC (4.5 / 1.5) | TN (12 / 1.5) | TX (12 / 1.5) | UT (10.5 / 1.5) |
VA (12.5 / 1) | VI (14.4 / 1.8) | VT (12 / 1.5) | WA (12 / 1.5) | WI (14 / 1.5) | WV (14.4 / 1.8) |
WY (12 / 1.5) |
AK (12 / 1.5) | AL (12 / 1.5) | AR (12 / 1.5) | AZ (12 / 1.5) | CA (12 / 1.5) | CO (14.4 / 1.8) |
CPE (16 / 0) | CT (12 / 1.5) | DE (12 / 1.5) | FL (14.5 / 2) | GA (12 / 1.5) | HI (12 / 1.5) |
IA (12 / 1.5) | ID (12 / 1.5) | IL (12 / 1.5) | IN (12 / 1.5) | KS (14 / 1.5) | KY (12 / 1.5) |
LA (12 / 1.5) | ME (12 / 1.5) | MN (12 / 1.5) | MO (14.4 / 1.8) | MS (12 / 1.5) | MT (12 / 1.5) |
NC (11.75 / 1.5) | ND (12 / 1.5) | NE (12 / 1.5) | NH (12 / 1.5) | NJ (14.4 / 1.8) | NM (12 / 1.5) |
NV (12 / 1.5) | NY (14 / 1.5) | OH (12 / 1.5) | OK (14.5 / 2) | OR (12.5 / 1) | PA (12 / 1.5) |
PR (12 / 1.5) | RI (14 / 1.5) | SC (12 / 1.5) | TN (12 / 1.5) | TX (12 / 1.5) | UT (12 / 1.5) |
VA (12.5 / 1) | VI (14.4 / 1.8) | VT (12 / 1.5) | WA (12 / 1.5) | WI (14 / 1.5) | WV (14.4 / 1.8) |
WY (12 / 1.5) |
For further information about the program, please use the links on the lefthand side under "Course Details".
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