Commercial Lending Today
Why Attend?
This advanced new course of study, comprising over 13 hours of instruction, constitutes the consolidation of two highly regarded annual ALI-ABA courses, Commercial Lending and Banking Law and The UCC and Beyond. This course of study promises to bring you the best of both of those programs. It will bring you current on the latest developments in the turbulent fields of commercial lending, workout strategies, proposed revisions to the UCC, and how current practice affects the relationships among competing creditors. A seasoned and dynamic faculty explains how these changes will affect your practice, with valuable pointers.
What You Will Learn
The course brings you up to date on specific topics such as:
Security interests in investment property
Security interests in intellectual property
Security interests outside of the UCC
Set-off and enforcement of default remedies
Letters of credit and the UCP 600
Workout strategies for secured creditors in Chapter 11 and other insolvency proceedings
Impact on secured lending of UCC provisions outside of Article 9
Opinion letters
Negotiating intercreditor agreements
Ethical issues confronted in preparing opinion letters and representing multiple creditor groups (one hour)
The course addresses all of these developments, and more. The emphasis is on practical problems and their resolution under the UCC and related other law. More specifically the course will provide valuable tools for practitioners needing to keep current with the substantive developments in secured lending as affected by the UCC and other applicable commercial law, with particular attention to hazards facing lenders in the current economic environment. At the same time that legislative action is changing the face of commercial law, courts continue to decide issues as they arise, and the ever popular “Commercial Law Developments” session of this course will enable registrants to stay up-to-date on those decisions.
The course features an outstanding national faculty with a strong practical background. Faculty members have unparalleled experience in developing and drafting the new laws and in guiding major banks and other lenders through some of the most significant transactions and controversies. The faculty includes Reporters and members of the Drafting Committees for various recent revisions and amendments of the UCC, as well as others who have contributed significantly to the drafting process. The faculty also includes practitioners with special expertise in newly developing issues and problems.
Course materials to be distributed are tied closely to the realities of practice in this ever-changing area of the law. Each registrant for the live course also will be provided the latest edition of the Uniform Commercial Code, containing the Official Text and Comments for Articles 1-9 with Appendices and Index. Registrant participation in the discussions following each presentation is encouraged, and time is reserved for questions and answers.
Who Should Attend
This course is intended for attorneys who regularly represent banks, non-bank lenders, and other financial services institutions and companies that regularly extend credit. It is also intended for lawyers whose clients regularly borrow or otherwise find themselves in various financial marketplaces. The course assumes that registrants are familiar with basic lending techniques and documentation.
Planning Chairs
Patrick A. Guida, Duffy & Sweeney, Ltd., Providence, Rhode Island
Harry C. Sigman, Harry C. Sigman P.C., Los Angeles
Faculty
Bobbi Acord Noland, Parker, Hudson, Rainer & Dobbs LLP, Atlanta
Martin Bienenstock, Dewey & LeBoeuf LLP, New York
Richard K. Brown, Winston & Strawn LLP, Charlotte, North Carolina
Henry S. Bryans, Senior Vice President, Aon Risk Services Northeast, Inc., Radnor, Pennsylvania
Anthony R. Callobre, Bingham McCutchen LLP, Los Angeles
Gary D. Chamblee, Womble Carlyle Sandridge & Rice, PLLC, Charlotte, North Carolina
Neil B. Cohen, Jeffrey D. Forchelli Professor of Law, Brooklyn Law School, Brooklyn; Research Director, Permanent Editorial Board for the Uniform Commercial Code
Robert L. Cunningham, Jr., Gibson, Dunn & Crutcher LLP, New York
Jeffrey H. Davidson, Stutman Treister & Glatt, Los Angeles
Teresa Wilton Harmon, Sidley Austin LLP, Chicago
Sandra M. Rocks, Cleary Gottlieb Steen & Hamilton LLP, New York
Edwin E. Smith, Bingham McCutchen LLP, Boston and New York
Steven O. Weise, Proskauer Rose LLP, Los Angeles
Register Now!
Washington, DC: $1399 Add to Cart or Webcast: $999 Add to Cart
Full-time employees of federal, state and local governments and government agencies
Live Course: $699.50 Add to Cart
Live Webcast: $499.50 Add to Cart
Lawyers practicing 5 years or less
Live Course: $699.50 Add to Cart
Live Webcast: $499.50 Add to Cart
BONUS only for registrants attending the course in person in Washington, D.C: Get a FREE copy of the 2009-10 Uniform Commercial Code – Official Text and Comments (National Conference of Commissioners on Uniform State Laws, Thomson West 2009) – a $96.00 value! Copies will be provided on site for reference during the program.
Program Schedule
THURSDAY, JANUARY 28, 2010
8:00 a.m. Registration and Networking Breakfast
8:55 a.m. Introductory Remarks - ALI-ABA Staff
WEBCAST SEGMENT A
9:00 a.m. Course Overview - Messrs. Guida and Sigman
9:15 a.m. Possible Revisions to UCC Article 9 with Status Report from Article 9 Drafting Committee - Professor Cohen and Messrs. Sigman and Smith
10:30 a.m. Networking Break.
10:45 a.m. Commercial Law Developments - Ms. Harmon and Mr. Weise
12:15 p.m. Lunch Break
WEBCAST SEGMENT B
1:45 p.m. Security Interests in Investment Property/Deposit Accounts - Mss. Harmon and Rocks
2:30 p.m. Security Interests in Intellectual Property - Messrs. Sigman and Weise
3:15 p.m. Networking Break
3:30 p.m. Security Interests Outside of the UCC - Ms. Acord Noland and Messrs. Guida and Smith
4:30 p.m. UCC Article 9 Default Remedies and Enforcement/Recoupment and Set-off - Professor Cohen and Messrs. Sigman and Smith
5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
FRIDAY, JANUARY 29, 2010
8:15 a.m. Networking Breakfast
WEBCAST SEGMENT C
8:45 a.m. Letters of Credit - Messrs. Callobre and Guida
9:30 a.m. Opinion Letters - Mss. Harmon and Rocks and Mr. Weise
10:15 a.m. Networking Break
10:30 a.m. Ethical Issues: Opinion Letters and Representing Creditor Groups - Mss. Harmon and Rocks and Messrs. Bryans and Smith
11:30 a.m. Negotiating Intercreditor Agreements: A Report from the ABA Model Intercreditor Agreement Task Force - Messrs. Brown, Callobre, Chamblee, and Cunningham
12:30 p.m. Lunch Break
WEBCAST SEGMENT D
2:00 p.m. Workout Strategies for Secured Creditors and Investors in Chapter 11 and Other Insolvency Proceedings - Messrs. Bienenstock, Davidson, and Smith
4:00 p.m. Networking Break
4:15 p.m. Insolvencies of Banks and Other Lenders - Mr. Callobre and Ms. Harmon
4:30 p.m. Impact of Other UCC Articles on Secured Lending - Professor Cohen and Mr. Weise
5:30 p.m. Adjournment
Total 60-minute hours of instruction: 13.25, including one hour of ethics and professional responsibility
Suggested Prerequisite: Some experience in legal practice in subject matter
Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments; development of proficiency in performance of intricate and complex legal tasks within a narrow area
Level of Instruction: Advanced
Here's what registrants have said about this course:
“An excellent treatment of the area, in significant depth. Faculty members were experienced and outstanding in their areas. Presentations were practical, included up to the minute developments and were often entertaining.” – Scott Perrenoud, Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD
“Teresa Harmon and Steve Weise are excellent speakers and obviously experts in their field. Patrick Guida did a great job putting this presentation together.”
“I really appreciate the segments that focused on current market conditions – developments and how the practice is changing. Forms and sample language are greatly appreciated.”
“Speakers were very informative and engaging.”
