Advanced Commercial Finance 2018:

Transcription

1 ANNUAL ADVANCED COURSE and LIVE VIDEO WEBCAST Advanced Commercial Finance 2018: Critical Issues Below the Surface High-level discussions, keen analysis, and practical guidance for the discerning practitioner MAY 11, 2018 NEW YORK CITY

2 PLANNING CHAIRS (also on faculty) Patrick A. Guida Duffy & Sweeney, Ltd. FACULTY Edwin E. Smith Morgan, Lewis & Bockius LLP Steven O. Weise Proskauer Rose LLP Neil B. Cohen Jeffrey D. Forchelli Professor of Law Brooklyn Law School Teresa Wilton Harmon Sidley Austin LLP Edward Janger David M. Barse Professor of Law Brooklyn Law School Kenneth Kettering Lecturer in Law Columbia University School of Law Norman M. Powell Young Conaway Stargatt & Taylor, LLP Sandra M. Rocks Cleary Gottlieb Steen & Hamilton LLP ALI CLE Senior Program Attorney: Amy S. Weinberg The course was fantastic. All of the presenters and materials were informative and very interesting. The panels mixed very experienced practitioners and law professors. The results were thought provoking! WHO SHOULD ATTEND Network with and learn from experienced professionals from across the country! This advanced program is designed for those with a strong foundation in commercial finance, including 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 CLE CREDIT HOURS CPE CREDIT HOURS IN BUSINESS LAW (group-live and group internet-based programs) Go to to register online or for more information about the program, hotel accommodations, study materials, and CLE/CPE credit.

3 PROGRAM OVERVIEW Get sophisticated guidance and explore the crucial hidden issues in commercial finance today. Join savvy practitioners in New York City to learn about significant issues often overlooked in the most challenging secured lending transactions and strategies for surmounting them. 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. Come ready for a high-level and fast-paced program with ample opportunities for discussion! Topics include: Who is the debtor? Trusts, business trusts, LLPs, series LLCs Consignments and reclamation rights: when does the consignor or seller win? Receivables financing: is there a present right to a future receivable? Security interests in deposit accounts: when does a lien creditor trump a deposit account control agreement? Proceeds: how long does attachment, perfection, and priority last? Does Article 9 capture Going Concern Value or is that a bridge too far? AGENDA ALL TIMES EASTERN FRIDAY, MAY 11 7:30 AM Registration and Continental Breakfast Video WEBCAST SEGMENT A 8:30 AM Consignments and Reclamation Rights Professor Kettering and Messrs. Smith and Weise What is and isn t a consignment? What are the hot issues on these rights today? Does the consignor or seller ever beat the perfected secured creditor or lien creditor? 9:30 AM Receivables Financing: Stripping the Payment Rights From the Underlying Secured Asset Professor Cohen, Ms. Rocks, and Mr. Smith Is there a present right to future receivables? What are the secured creditor s rights to payment from account debtors under existing and future contacts? When will a security interest attach and be perfected? 10:15 AM Networking and Refreshment Break

4 10:30 AM Who is the Debtor? Professor Cohen, Ms. Harmon, and Mr. Powell When the debtor is a trust, business trust, LLP, or series LLC, who should sign the security agreement on behalf of debtor and whose name should appear on the financing statement? 11:30 AM Security Interests in Deposit Accounts Ms. Rocks and Messrs. Guida and Weise When does a lien creditor trump a security interest in a deposit account, whether perfected by control or otherwise? What should the secured party do to protect its security interest? 12:30 AM Lunch Break (lunch provided by ALI CLE) 2:00 PM Article 9 v. Equitable Principles Ms. Harmon, Professor Kettering, and Mr. Weise When are Article 9 priority rules reordered by equitable principles? 3:00 PM Networking and Refreshment Break 3:15 PM Does Article 9 Capture Going Concern Value? Professor Janger and Messrs. Smith and Weise What does Article 9 actually say about Going Concern Value and how much can be squeezed into general intangibles and goodwill? 4:00 PM Adjournment Video WEBCAST SEGMENT B 1:00 PM Proceeds Professor Cohen, Ms. Harmon, and Mr. Weise How long do attachment, perfection, and priority last? How to preserve the longevity of proceeds: is there a fountain of youth? INTERESTED IN UNLIMITED CLE? Spend an additional $1,000 on your in-person registration to get UNLIMITED access to more programs like this one by upgrading to a LawPass Premium Subscription. Priced at $1,999, it offers full access to ALI CLE s in-person courses (on-site or via webcast), over 400 on-demand programs, course materials, and digital forms. Call CLE-NEWS ( ) or CustServ@ali-cle.org to register for this course and to upgrade to a LawPass Premium Subscription!

5 ADDITIONAL INFORMATION COURSE INFORMATION AND HOTEL ACCOMMODATIONS The course will take place in the office of Morgan, Lewis & Bockius LLP, located at 101 Park Avenue, New York, New York Two room blocks have been arranged for registrants. Registrants must make their own reservations. Rates are available at both hotels until April 10 and can be accessed by requesting the American Law Institute CLE Commercial Lending Today group. Confirmations will be sent by the hotel. Please read the cancellation policy carefully. Fitzpatrick Grand Central Hotel, 141 East 44th Street, New York, NY 10017: Room rate, $328 per night, single or double occupancy. Call or reserve online HERE. The Lexington New York City, 511 Lexington Avenue (at 48th Street), New York, NY 10017: Room rate, $229 per night, single or double occupancy. Call or reserve online HERE. STUDY MATERIALS Course materials will be available in electronic format for download the week before and during the course. Print materials will not be distributed. All registrants are advised to bring laptops or tablets to the course to view the course materials, including updates. Go to for more info about: Registration/cancellation/requirements for persons with disabilities/scholarships. MANDATORY CLE CREDIT ALI CLE programs are accredited in all MCLE jurisdictions. Credit in CO is available by reciprocity; credit in ID, LA, and RI is available upon request. For specific information on CLE, CPE, or other professional accreditation in your state, go to or call CLE-NEWS. NASBA ALI CLE 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 through its website: For information on ALI CLE s complaint and refund policies, call Customer Service at (800) CLE-NEWS. CPE Credit hours for this course: 7.5 in Business Law. Objectives: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner. Suggested Prerequisite: Experience in practice in subject matter. Level of Instruction: Advanced PRICING DETAILS STANDARD RATE $999 WEBCAST RATE $799 SAVE 50% GROUP RATE $499* FOR EACH ADDITIONAL REGISTRANT, $999 FOR FIRST REGISTRANT *Discounts valid on new registrations for in-person course only; may not be combined with other offers, including group discounts. ALI CLE makes a limited number of full and partial scholarships available; for more information, go to