Commercial Lending and Banking Law 2009
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1 The first national provider of CLE Silver Anniversary (25 th Annual) Presentation! Advanced ALI-ABA Course of Study/Video Webcast Commercial Lending and Banking Law 2009 Thursday-Saturday, January 29-31, 2009 Scottsdale (Phoenix), Arizona Live Video Webcast Taking place just after the new Administration takes office, this course is a must to stay current on how the volatile financial markets, troubled banking and lending institutions, and sweeping legislative and regulatory changes will affect your practice and your clients! I thought the course was great. Some of the topics were pretty narrow, others were more general, and I liked that balance. previous registrant Do you represent banks, non-bank lenders, or other financial services institutions and companies that regularly extend credit? Or represent clients who borrow or otherwise find themselves in various financial marketplaces? If so, this course is an important program designed to help you respond to the current financial crisis!
2 Commercial Lending and Banking Law 2009 This advanced course of study, comprising more than 15 hours of instruction, brings you up to date on the latest developments in the turbulent fields of commercial and real estate lending law, bankruptcy, and financial services regulation. Particular attention is directed to preparing for and responding to the current banking crisis, the resulting credit crunch, and the increasing role of government in dealing with those issues. A seasoned and dynamic faculty explains how these changes directly affect your practice while offering valuable pointers sure to help you as you deal with these fields and your clients. The faculty examines current developments in commercial lending and real estate financing and details how current practice affects the preparation of opinion letters. The course also brings you up to date on topics such as: Security interests outside of the UCC Intellectual property collateral Responding to the increasing role of government in the banking and credit crisis Real estate workouts, foreclosures, and bankruptcy Negotiating intercreditor agreements Drawing from strong practical backgrounds, the faculty have both participated in drafting the new laws and guided major banks and other lenders through some of the most significant transactions and controversies in the industry. Together with a richly diverse pool of fellow registrants, you will examine areas that repeatedly have presented problems to lenders and their counsel, with particular attention to hazards facing lenders in the current economic environment. As an attorney who regularly represents banks, nonbank lenders, or other institutions and companies that regularly extend credit or as a practitioner whose clients regularly borrow or otherwise find themselves in various financial marketplaces you will find this program to be an indispensable aid in your practice. ALI-ABA s famous course materials (available online to registrants prior to the course) are tied closely to the realities of practice in this ever-changing area of the law, making these substantial printed materials a tremendous resource for the serious practitioner. As a registrant, you also will have access to the archived webcast after the course, and the opportunity to network with the faculty and other registrants from around the country. The course assumes that registrants are familiar with basic lending techniques and documentation. Registrant participation in the full-panel discussions following each presentation is encouraged, and time is reserved for questions and answers. PLANNING CHAIR (also on faculty) Patrick A. Guida, Duffy, Sweeney & Scott, Ltd., Providence, Rhode Island FACULTY Bobbi Acord, Parker, Hudson, Rainer & Dobbs LLP, Atlanta Richard K. Brown, Winston & Strawn LLP, Charlotte, North Carolina Ann M. Burkhart, Curtis Bradbury Kellar Professor of Law, University of Minnesota Law School, Minneapolis Anthony R. Callobre, Bingham McCutchen LLP, Los Angeles Gary D. Chamblee, Womble Carlyle Sandridge & Rice, PLLC, Charlotte, North Carolina Robert L. Cunningham, Jr., Gibson, Dunn & Crutcher LLP, New York R. Wilson Freyermuth, John D. Lawson Professor of Law, University of Missouri School of Law, Columbia, Missouri Michael D. Hamilton, DLA Piper US LLP, Los Angeles Teresa Wilton Harmon, Sidley Austin LLP, Chicago Alvin C. Harrell, Professor of Law, Oklahoma City University School of Law, Oklahoma City John K. Lawrence, Dickinson Wright PLLC, Detroit Jerome Reisman, Reisman, Peirez & Reisman, L.L.P., Garden City, New York Sandra M. Rocks, Cleary Gottlieb Steen & Hamilton LLP, New York Harry C. Sigman, Harry C. Sigman P.C., Los Angeles Edwin E. Smith, Bingham McCutchen LLP, Boston and New York Steven O. Weise, Heller Ehrman LLP, Los Angeles ALI-ABA Staff Attorney: Amy S. Weinberg, Assistant Director, Office of Courses of Study
3 (Go to for any program changes made to stay current with late-breaking developments in the banking and credit crisis.) Thursday, January 29, :00 a.m. Registration and Continental Breakfast WEBCAST SEGMENT A Article 9 and Commercial Law Developments 9:00 a.m. Introductory Remarks and Course Overview Mr. Guida 9:15 a.m. Proposed Revisions to Article 9 Status Report from Drafting Committee with Special Focus on Filing Issues 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 Security Interests and Control Agreements 1:45 p.m. Security Interests in Investment Property and Deposit Accounts Ms. Rocks 2:30 p.m. Negotiating the Securities Account and Deposit Account Control Agreement Ms. Rocks and Mr. Smith 3:15 p.m. Networking Break 3:30 p.m. Security Interests Outside of the UCC: Perfection, Priority, and Enforcement Documented Vessels; Aircraft; Automobiles [wholesale, retail, leased]; Mobile Homes; Manufactured Housing; Agricultural Commodities and the Perishable Agricultural Commodities Act Ms. Acord and Profs. Burkhart, Freyermuth, and Harrell 5:30 p.m. Adjournment for the Day Friday, January 30, :15 a.m. Continental Breakfast WEBCAST SEGMENT C Intellectual Property, Letters of Credit, and Loan Agreement Provisions 8:45 a.m. Intellectual Property Collateral Messrs. Sigman and Weise 9:30 a.m. Intellectual Property Collateral in Bankruptcy Mr. Smith 10:15 a.m. Networking Break 10:30 a.m. Letters of Credit Mr. Callobre 11:30 a.m. Drafting Loan Agreement Provisions That Address Other Financial Products Cash management services, letters of credit, interest rate swaps, and foreign exchange transactions Ms. Harmon and Mr. Smith 12:30 p.m. Lunch Break WEBCAST SEGMENT D Real Estate Financing, Workouts, Foreclosures, and Bankruptcy 2:00 p.m. Real Estate Financing: Practical Points for Documentation Messrs. Guida and Hamilton 3:00 p.m. Networking Break 3:15 p.m. Responding to the Banking and Credit Crisis Mr. Lawrence 4:15 p.m. Workouts, Foreclosures, and Bankruptcy Messrs. Reisman and Smith 5:30 p.m. Adjournment for the Day Saturday, January 31, :30 a.m. Continental Breakfast WEBCAST SEGMENT E Intercreditor Agreements and Opinion Letters 9:00 a.m. Negotiating Intercreditor Agreements: A Report from the ABA Model Intercreditor Agreement Task Force Messrs. Brown, Callobre, Chamblee, and Cunningham 10:30 a.m. Networking Break 10:45 a.m. Negotiating Opinion Letters and Opinion Practice Ms. Harmon and Mr. Weise 12:00 noon Adjournment Notes: The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions. Total 60-minute hours of instruction: 15.5 As a registrant, you receive: online access to the study materials before the course; the printed study materials at the course; and online access to the archived webcast after the course!
4 MAIL this form together with payment to ALI-ABA: REGISTRAR, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA Please attach names and addresses of additional registrants. FAX (215) Phone CLE NEWS WEB úú Attend this course live in Scottsdale, AZ, January 29-31, 2009, for only $1,249. Please enter registration(s) for the ALI-ABA Course of Study, Commercial Lending and Banking Law Tuition: $1,249. CP042 úú Attend this course live via the Internet with our video webcast for only $1,049 or view segments for only $299 each! Register me for the live video webcast ( address required). The entire program. Tuition: $1,049 WAP042 Webcast Segment C. Tuition: $299 WAP042C Webcast Segment A. Tuition: $299 Webcast Segment B. Tuition: $299 WAP042A WAP042B Webcast Segment D. Tuition: $299 Webcast Segment E. Tuition: $299 WAP042D WAP042E úú Special Offer Register for Commercial Lending and Banking Law 2009 and get Real World Document Drafting : A Dispute-Avoidance Approach for $69.30 a 30% savings! CP042_BK49 We will automatically send and invoice you for supplements unless you check this circle.»» GO ONLINE OR CALL TO REGISTER FOR GROUPS OF 2 OR MORE AND SAVE! Can t attend? You don t have to miss anything! Send an audio mp3 CD-ROM of the program, including PDFs of the course materials, for $629. Send the printed course materials only, for $149. SP042 Online video and audio and searchable (PDF) course materials of this program will be available. Please check our website for more information. G G Real World Document Drafting : A Dispute-Avoidance Approach $99 free s/h BK49 We will automatically send and invoice you for supplements unless you check this circle. AP042 úú Tuition discounts I am a recent law school graduate (< 2 years) or retired senior lawyer (65 or older). Payment is in the amount of the stated tuition or price, minus 50%. My office is a member of ALI-ABA In-House. Payment is in the amount of the stated tuition or price, minus 15%. PA residents only, add 7% sales tax to total amount (excluding course registrations). $ Total j Check enclosed (payable to ALI-ABA) Please charge to my credit card: j AMEX j DISCOVER j MasterCard j VISA Card no.: Card expiration date: / name (please print) f i r m street address suite/floor number c i t y s t a t e z i p+4 phone (include area code) signature e-m a i l a d d r e s s (r e q u i r e d f o r webcasts a n d o n l i n e subscr iptions) k e y c o d e (f r o m l a b e l ) law practice area(s) size of firm/company year entered law practice SUBSTANTIAL GROUP DISCOUNTS AVAILABLE Register 2 for this course and get all subsequent registrations at 50% off (same live course only). Significant discounts are available when two or more registrants view the webcast using one computer connection or telephone. For more information and rates, go to or groupregistration@ali-aba.org.
5 A roadmap would be nice. Avoid pitfalls when you re drafting documents Whether you re practicing in business law, real estate, or litigation, ALI-ABA has the guidance and the forms you need Real World Document Drafting A Dispute-Avoidance Approach By Marvin Garfinkel Special Offer Register for Commercial Lending and Banking Law 2009 and get 30% off Real World Document Drafting : A Dispute-Avoidance Approach To order, use the registration form in this brochure or go to softbound 232 pp ISBN: future supplements invoiced separately and may be returned without obligation Order Code: BK49 Regular Price: $99 Free shipping and handling HOTEL ACCOMMODATIONS / GROUP RATE A desert oasis in a picture perfect setting, the Scottsdale Plaza Resort is a terrific place to be in January! Reserve your hotel room by January 7 to take advantage of the group rate of $295 per night plus $8 bellman gratuity and $17/day for resort fees and maid gratuities. You must mention this ALI-ABA course of study to qualify for this special rate. Room reservations may be made by calling or writing to the Scottsdale Plaza Resort, 7200 North Scottsdale Road, Scottsdale, AZ 85253; phone or ; FAX , or online at passkey.com/go/cp042. Confirmations will be sent by the hotel. Please read the cancellation policy carefully. GET MANDATORY CLE AND CPE CREDIT ALI-ABA is an accredited MCLE provider in AR, AZ, CA, CO, IL, ME, MO, MS, MT, ND, NM, NV, NY, OK, PA, RI, SC, VT, WI, WV, and WY. We apply for accreditation on a course-bycourse basis in virtually all other MCLE jurisdictions, including AL, DE, FL, GA, IA, ID, IN, KS, KY, LA, MN, NC, NH, OH, OR, TN, TX, UT, VA, and WA. For this course, ALI-ABA will apply for 15.5 credits, including 1 ethics credit, in 60-minute states; and for 18.5 credits, including 1.2 ethics credits, in 50-minute states. In NY, this course is appropriate for both newly admitted and experienced attorneys. For specific information on CLE, CPE, or other professional accreditation, please the MCLE Team at TeamMCLE@ali-aba.org, go to or call CLE-NEWS. NASBA ACCREDITATION ALI-ABA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN Web site: For more information regarding ALI-ABAís administrative policies, such as complaint and refund, please call Customer Service at (800) CLE-NEWS. CPE credit hours for this course: 18.5 in Business (live program and group internet based program). Learning Objectives: Maintenance of professional competence as a practitioner; provision of information on recent developments; development of proficiency in performance of intricate and complex tasks within a narrow area. Suggested Prerequisite: Some experience in practice in subject matter. Level of Instruction: Advanced. for more information about: registration cancellation breaks and refreshments requirements for persons with disabilities tuition assistance discounted airfares
6 Silver Anniversary (25 th Annual) Presentation! Advanced ALI-ABA Course of Study also available Online CLE on-demand courses and MP3 downloads (online archive of this course free to all registrants) Digital Library course materials, articles, periodicals, books and forms Physical Library printed course materials and MP3 CD-ROMS CP042 Commercial Lending and Banking Law 2009 Thursday-Saturday, January 29-31, 2009 Scottsdale (Phoenix), Arizona Live Video Webcast Get current on the latest developments in commercial and real estate lending law, bankruptcy, and financial services regulation. The faculty were wonderful. I really enjoyed hearing the perspective of people who had been very involved in the drafting of revised Article 9 of the UCC. previous registrant 15.5 hours of MCLE credit, including one hour of ethics 18.5 hours of CPE credit in Business (live program and group internet based program) American Law Institute-American Bar Association Continuing Professional Education 4025 Chestnut Street, Philadelphia, PA NONPROFIT ORG U.S. Postage PAID ALI-ABA SUBSTANTIAL GROUP DISCOUNTS AVAILABLE for live and webcast attendance
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