Commercial Lending Today
Why Attend?
Get current on the latest developments in the turbulent field of commercial lending, including workout strategies, amendments to UCC Article 9, and how current practice affects the relationships among competing creditors.
This advanced course of study, composed of more than 12 hours of instruction, constitutes the consolidation of two highly regarded annual ALI-ABA programs, Commercial Lending and Banking Law and The UCC and Beyond. This course offers the best of both of those programs.
The course features an outstanding, national faculty - more than 20 speakers - 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 in the industry. The faculty includes the Reporters and members of the Drafting Committees for the recent amendments to Article 9, as well as practitioners with special expertise in newly developing issues and problems.
At the same time that legislative action (including Dodd-Frank) is changing the face of commercial law, courts continue to change the rules as well. One session is devoted to the consequences of the U.S. Supreme Court decision in Stern v. Marshall. In addition, the ever popular “Commercial Law Developments” session of this course enables you to understand how various other recent court decisions will affect your clients.
Course materials are tied closely to the realities of practice in this ever-changing area of the law.
Registrant participation in the discussions following each presentation is encouraged, and time is reserved for questions and answers.
What You Will Learn
The course brings you up to date on:
Agents and Other Holders of Notes and Mortgages; Transfer Process and Administration
Article 8 Issues: Transfers and Opinion Letters
Recent Commercial Law Cases
Ethical Issues: Opinion Letters; Representing Creditor Groups (one hour)
Impact of Dodd-Frank on the Credit Exposures of Debtors and Creditors of Systemically Important Financial Institutions
Intercreditor Agreements
Amendments to UCC Article 9
Security Interests in Investment Property/Deposit Accounts
Swaps and Derivatives in Secured Transactions
Workout Strategies for Secured Creditors and Investors in Chapter 11 and Other Insolvency Proceedings
Stern v. Marshall
The emphasis is on practical problems and their resolution under the UCC and other related law. More specifically, the course provides 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.
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 (also on faculty)
Harry C. Sigman, Los Angeles (also on faculty)
Faculty
Michael Evan Avidon, Moses & Singer LLP, New York
Martin J. Bienenstock, Dewey & LeBoeuf LLP, New York
Henry S. Bryans, Aon Risk Management Services, Radnor, Pennsylvania
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
Joanne De Silva, Bingham McCutchen LLP, New York
William Freivogel, Chicago
Mark I. Greenberg, Sidley Austin LLP, Chicago
Allan L. Gropper, Judge, U.S. Bankruptcy Court, New York
Randall D. Guynn, Davis Polk & Wardwell LLP, New York
Teresa Wilton Harmon, Sidley Austin LLP, Chicago
Steven L. Harris, Professor of Law, Chicago-Kent College of Law, Chicago
Richard B. Levin, Cravath Swaine & Moore LLP, New York
Sally S. Neely, Sidley Austin LLP. Los Angeles
Sandra M. Rocks, Cleary Gottlieb Steen & Hamilton LLP, New York
Reade H. Ryan Jr., Shearman & Sterling LLP, New York
Edwin E. Smith, Bingham McCutchen LLP, Boston and New York
Steven O. Weise, Proskauer Rose LLP, Los Angeles
George M. Williams jr, Dewey & LeBoeuf LLP, New York
ALI-ABA Staff Attorney: Kevin O’Connor, Associate Director, Office of Courses of Study
Program Schedule
Thursday, April 26, 2012
8:00 a.m. Registration and Continental Breakfast
8:55 a.m. Administrative Remarks – ALI-ABA Staff
VIDEO WEBCAST SEGMENT A │$329
9:00 a.m. Course Overview – Messrs. Guida and Sigman
9:15 a.m. Revisions to UCC Article 9, with Status Report from Article 9 Drafting Committee – Professors Cohen and Harris and Messrs. Sigman and Smith
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Commercial Law Developments – Ms. Harmon and Mr. Weise
12:15 p.m. Lunch Break
VIDEO WEBCAST SEGMENT B │$329
1:45 p.m. Security Interests; Control Issues in Investment Property; Deposit Accounts – Ms. Rocks and Mr. Smith
2:30 p.m. New Developments in Letters of Credit and Demand Guaranties – Messrs. Avidon and Williams
3:30 p.m. Networking and Refreshment Break
3:45 p.m. Tips Re: Drafting Collateral Descriptions, Searching, and Filing – Professor Cohen and Mr. Sigman
4:15 p.m. Mortgage Notes and Who Can Enforce Them - Professors Cohen and Harris and Messrs. Guida and Weise
4:45 p.m. Commentary on UCC Sections 9-406 and 9-408 – Professors Cohen and Harris and Mr. Weise
5:15 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
Friday, April 27, 2012
8:15 a.m. Networking and Continental Breakfast
VIDEO WEBCAST SEGMENT C │$329
8:45 a.m. Opinion Letters: Opinion Issues in Workout and Restructuring Transactions – Mss. Harmon and Rocks and Mr. Weise
9:30 a.m. Ethical Issues: Dealings among Competing Creditors – Mss. Harmon and Rocks and Messrs. Bryans, Freivogel, and Smith
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Intercreditor Agreements in the Current Economic Environment – Ms. De Silva and Messrs. Cunningham and Ryan
11:45 a.m. Swaps and Derivatives in Secured Transactions – Messrs. Greenberg and Weise
12:15 p.m. Lunch Break
VIDEO WEBCAST SEGMENT D │ $329
1:45 p.m. Effects of Stern v. Marshall, 131 S.Ct. 2594 (U.S. 2011) – Judge Gropper, Messrs. Bienenstock and Levin, and Ms. Neely
2:45 p.m. Networking and Refreshment Break
3:00 p.m. Workout Strategies for Secured Creditors and Investors in Chapter 11 and Other Insolvency Proceedings – Messrs. Bienenstock, Davidson, and Levin and Ms. Neely
4:15 p.m. Orderly Liquidation Authority in Title II of Dodd-Frank – Messrs. Guynn and Smith
5:00 p.m. Adjournment
Total 60-minute hours of instruction: 12.5 hours, including one hour of ethics and professional responsibility issues
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:
“Speakers were all excellent. There was a good mix of national attorneys giving a good view of the topic.”
“Good course; excellent lecturers.”
“Great course material and presentations.“
“The course materials are very good and the presenters were all well prepared and extremely knowledgeable about their specific topics.”
“All the speakers were knowledgeable and well spoken.”
“The intercreditor discussion was probably the best primer on intercreditor issues that I’ve ever come across.”
“Panelists were the most knowledgeable people in the country in their various specialties. They all have hectic schedules – it is a tribute to ALI-ABA and to the panelists’ sense of professional responsibility that they took the time to put together and to present such an informative, coordinated program. Thank you.”
“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, South Dakota
Times
Eastern
