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ACC Colorado Presents 


Vendor and Borrower Workouts:  
Resolving Claims and Resuming the Relationship

WEBINAR

Wednesday, October 19, 2022
10:30 AM – 11:30 AM MDT

 

CLICK HERE TO REGISTER

No Cost to Attend the Zoom Meeting
One (1) General CLE Credit Approved

Whether a result of the pandemic, key relationships that move businesses forward face challenges that require care and nurturing for the long haul. This webinar presentation will cover strategies for settling claims with vendors, contractors, and borrowers that could be tied to solvency and tightening credit issues.

This session will cover: 

  • Strategies to resolve outstanding payment balances, including to preserve go-forward business. 
  • Mitigating reputational harm when solvency issues become public.
  • Communicating with banks/vendors/creditors regarding payment issues. 
  • Communicating with borrowers concerning covenant and payment defaults.
  • Evaluating payment plans with cost recoveries and interest, plus default provisions, versus letting the matter go to court.
  • Ethics and appropriate use of delay tactics in vendor workouts.
  • Banks versus other vendors – what information should/must you disclose regarding cash flow, solvency status, AP outstanding, etc.

Speakers:

Mark Bell, Banking & Financial Services Partner at Stinson LLP in Denver.

Lucas Schneider, Bankruptcy & Creditors' Rights Partner at Stinson LLP in Denver. 

 

Osborne Clarke's cross-border team along with Keun Dong Kim of Mastercard, will highlight key issues to watch out for in international contracts, with a focus on UK and EU laws.

This session will give you an opportunity to hear more about:

  • The importance of governing law, jurisdiction and dispute resolution clauses;
  • Tips to consider when contracting in different jurisdictions;
  • Force Majeure in global supply chain issues and pandemics;
  • Interpretation anomalies;
  • Breach of contract;
  • Other unusual contract law points to help avoid pitfalls for the unwary.

Perkins Coie and the Association of Corporate Counsel have once again teamed up to presenttwo hours of CLE programming that will address the recent signing of the Inflation ReductionAct as well as strategies for controlling costs in litigation.

Agenda
3:00 p.m. Registration/Networking
3:15 p.m. Inflation Reduction Act and What That Means for You
4:30 p.m. Key Insights to Effectively Controlling Litigation Costs
5:30 p.m. Cocktail Reception on the Museum Roof

CMS Expert Guide to restructuring and insolvency law (CMS)
CMS
265 pages

Learn about key restructuring and insolvency laws in this multi-jurisdictional guide.

Resource Details
Interest Area: Commercial and Contracts, Litigation and Dispute Resolution, Corporate, Securities, and Governance
Region: Europe, Africa, Middle East, Angola, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, France, Germany, Hong Kong, Hungary, Italy, Kenya, Peru, Poland, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom, Czech Republic, Netherlands
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A CMS Guide to Restructuring & Insolvency in Crypto (CMS)
CMS
12 pages

In this article, learn about insolvency questions regarding crypto assets.

Resource Details
Interest Area: Commercial and Contracts, Financial Services
Region: Europe, United Kingdom
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UCC Digital Asset Amendments Finalized
Sandra Rocks, Penelope Christophorou, and Brandon Hammer, Cleary Gottlieb Steen & Hamilton LLP
3 pages

In July 2022, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (“2022 UCC Amendments”) to provide workable rules for emerging technologies, such as distributed ledger technology and virtual currency. If adopted by individual state legislatures, these amendments should provide greater certainty regarding the rules governing security interests, competing claims, custodial risks, and other issues associated with digital assets. This article provides a high level summary of selected aspects of the 2022 UCC Amendments that may be of particular interest to financial market participants.

Resource Details
Interest Area: Commercial and Contracts
Region: United States
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AGENDA:

 

9:00 a.m. to 10:00 a.m. - Session I (Duane Morris)
10:00 a.m. to 10:30 a.m. - BREAK
10:30 a.m. to 11:30 a.m. - Session II (Blank Rome)
11:30 a.m. to 12:00 p.m. - BREAK
12:00 p.m. to 1:00 p.m. - Session III (Flaster Greenberg)

Session I - Your Assignment, Should You Choose to Accept It: How Assignment Clauses Can Affect M&A

This presentation seeks to identify and address key lurking issues in commercial contracts that can impact M&A transactions downstream.  It will provide practical advice and considerations for dealing with assignment and related key contract areas, with a primary focus on anti-assignment as well as change-of-control provisions.

Session II - Key Risk Management and Insurance Issues for In-House Counsel

This panel will explore a number of business risks and insurance trends forming over the past few years, including insurance issues related to corporate supply chains, notable developments in first-party property insurance claims and decision, cyber and media liability claims and insurance, and the potential intersection between corporate responses to social issues and D&O coverage just to name a few.  Speakers will discuss these and other major risk issues that have been identified as facing businesses today, and how insurance aligns to protect against those risks.  They will also explore some lessons learned as a result of the changing environment for risks and insurance brought on by the pandemic.

Session III - It’s Not Personal, It’s Just Business: Business Interruption Insurance for In-house Counsel

This session will present an overview of business interruption insurance.  Using Covid-19 as a backdrop, the presenters will discuss the essential elements of a business interruption insurance claim.  Key legal concepts will be highlighted, including the historical meaning of the operative policy language, the applicable burdens of proof, the selection of an appropriate dispute resolution forum and current case trends.  Attendees will be offered a set of best practices to be employed when disaster strikes and business is interrupted.

Use the red Register button to RSVP.  The Zoom link is shown below, and will also be provided with your completed registration.

 

https://accinhouse.zoom.us/j/96432313912

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