Course1

Successor Liability in Business Transactions

$79.00

It’s axiomatic that the sale of an asset does not carry with it the seller’s liabilities apart from any liability that may attach to the asset itself, such a lien. But there are substantial exceptions to this rule. In many instances, the asset buyer becomes liable, by operation of law, for the seller’s assets. If this liability arises, it can easily undo the basic economic assumptions of the parties entering the transaction. This program will provide you with a real world guide to identifying the risks of successor liability in transactions, including liability under common and statutory law, bankruptcy law, and discuss drafting techniques to reduce the risk of successor liability. Fact patterns giving rise to successor liability – business continuation, fraud, product line continuation, and more Buyer liability at UCC Article 9 foreclosure sales Successor liability under federal employment and environmental statutes and under state sales/use tax law Drafting techniques to limit or eliminate the risk of liability   Speaker: Bill Kelly is a founding member and managing partner of Kelly & Walker LLC with nearly 30 years’ experience in the areas of class action, commercial and employment litigation.  As national litigation counsel to several large companies, Bill has been lead trial counsel in over 18 states and U.S. territories.  Bill is an A/V Rated attorney in Martindale-Hubbell who has been listed as a Colorado Super Lawyer, a Top Lawyer in US News & World Report, and a leader in employment law by Chambers USA.  In a survey of Fortune 500 General Counsel, Bill has been named to BTI’s list of Client Service All Stars for 7 consecutive years.  Bill is a fellow of the Litigation Counsel of America Trial Lawyer’s Honor Society and a member of the International Association of Defense Counsel.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 2/28/2022
    Avail. Until
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Course1

Equipment Leases: Drafting & UCC Article 2A Issues

$79.00

  Many companies lease rather than buy computers and servers, company cars and other capital equipment.  These leases are government by UCC Article 2A, an intricate set of provisions governing their validity, treatment, and enforcement.  If the lease is not properly drafted to comply with the UCC, it risks being re-characterized as a sale or a security interest, which give rise to substantially adverse financial and tax consequences. This program will also provide you with a practical guide to reviewing equipment leases, including spotting red flags and avoiding recharacterization. Types of equipment leases – “true” leases, synthetic leases, “lease to own” arrangements, and more Spotting red flags of financeable leases – and how to ensure UCC 2A compliance Rights and obligations of the parties – manufacturer, lessor and lessee – and remedies for breach Circumstances leading to re-characterization of a “true lease” as a sale or financing Adverse financial, tax and practical ramifications of lease re-characterization   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.    

  • MP3 Download
    Format
  • 60
    Minutes
  • 3/4/2022
    Avail. Until
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Course1

The Law of Consignments: How Selling Goods for Others Works

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/22/2022
    Presented
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Course1

The Law of Consignments: How Selling Goods for Others Works

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/22/2022
    Presented
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Course1

LIVE REPLAY: Getting to Market: Sales and Distribution Agreements

$79.00

A product is only as successful as its distribution, only as profitable as it reaches the widest market possible.  Most suppliers of goods rely on distributors to reach the market. Distributor agreements can come in a multitude of types, including wholesale and retail distribution agreements. These agreements encompass a series of intricately interrelated provisions about the scope of products, the scope of the territory involved, exclusivity, pricing control, support in the form of marketing and training, supply guarantees, and much more.  Success for both the supplier and the distributor depends on a thoughtfully planned and drafted agreement.  This program will provide you with a practical guide to drafting the most essential provisions of distributor agreements.   Understanding distributor and supplier objectives – and how they can be harmonized Legal framework of distributor agreements Products covered and how they are defined and altered over time Exclusivity – territory and products Support – training, advertising, promotion Supply guarantees, timeliness of performance Pricing – who controls and antitrust considerations   Speaker: Joel R. Buckberg is a partner in Nashville office of Baker Donelson, P.C. and vice chair of the firm’s corporate group. He has more than 40 years’ experience in corporate and business transactions.  His practice focuses on corporate and asset transactions and operations, particularly in hospitality, franchising and distribution.  He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation.  Mr. Buckberg received his B.S. from Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/31/2022
    Presented
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Course1

LIVE REPLAY: Getting to Market: Sales and Distribution Agreements

$79.00

A product is only as successful as its distribution, only as profitable as it reaches the widest market possible.  Most suppliers of goods rely on distributors to reach the market. Distributor agreements can come in a multitude of types, including wholesale and retail distribution agreements. These agreements encompass a series of intricately interrelated provisions about the scope of products, the scope of the territory involved, exclusivity, pricing control, support in the form of marketing and training, supply guarantees, and much more.  Success for both the supplier and the distributor depends on a thoughtfully planned and drafted agreement.  This program will provide you with a practical guide to drafting the most essential provisions of distributor agreements.   Understanding distributor and supplier objectives – and how they can be harmonized Legal framework of distributor agreements Products covered and how they are defined and altered over time Exclusivity – territory and products Support – training, advertising, promotion Supply guarantees, timeliness of performance Pricing – who controls and antitrust considerations   Speaker: Joel R. Buckberg is a partner in Nashville office of Baker Donelson, P.C. and vice chair of the firm’s corporate group. He has more than 40 years’ experience in corporate and business transactions.  His practice focuses on corporate and asset transactions and operations, particularly in hospitality, franchising and distribution.  He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation.  Mr. Buckberg received his B.S. from Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/31/2022
    Presented
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Course1

The Law of Consignments: How Selling Goods for Others Works

$79.00

In a consignment, the consignor, ships or transfers control of goods to a seller, the consignee, who agrees to market the property to buyers and pay over some portion of the sales proceeds to the consignor. The arrangement involves an intricate set of rights and obligations among the parties. There are also substantial and often overlooked risks, including that the consignee’s creditors may seek to claim a security interest in the consigned property.  If these risks are not properly understood and remedies not carefully considered, the consignor is at risk of loss. This program will provide you to the law of consignments, UCC Article 9 issues and risks, and provide practical tips for drafting consignment agreements. Structure of common consignment transactions Parties, rights and obligations – consignor as creditor, consignee as debtor, creditors Risks of loss to consignor and how it can protect itself against consignee’s creditors Consignor remedies for consignee breach Law of consignments and relationship to secured finance Circumstances when UCC Article 9 does not apply to consignments   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 4/8/2022
    Avail. Until
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Course1

Drafting Business Service Agreements

$79.00

Companies are increasingly focused on their “core competencies,” outsourcing all other functions – sales, bookkeeping, IT, customer and product support, warranty work – to third party professionals and their companies.  Drafting agreements to capture this work is unlike drafting a conventional employment agreement.  It requires a sophisticated understanding of the service, benchmarks for performance and reporting, the protection of highly confidential business information, and much more. The underlying agreement must carefully create the complex interactions of all of these elements for the client to get the benefit of its bargain.  This program will provide you with a practical guide to drafting services agreements in business.  Drafting services agreements for “hard” and “soft” services Scope of services provided, modification of services, and relationship to fees Performance standards and timeliness of delivery of services Types of fee structures and common traps Ensuring ownership of key files, records, “know how,” customer lists, and trade secrets Issues related to sub-contracting, designation of agents, and assignment of the contract Conflicts of interest, limitation of liability, and indemnification    Speaker:  

  • MP3 Download
    Format
  • 60
    Minutes
  • 4/17/2022
    Avail. Until
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Course1

LIVE REPLAY: MAC Clauses in Business Transactions

$79.00

Material Adverse Change (MAC) clauses are common in most businesstransactions. These clauses allocate among the parties the risk of a MAC occurring between the execution of transactional documents and closing the underlying transaction.  Sellers want certainty that a sale or other transaction will close and argue that the MAC clause should be very narrowly drafted. Buyers want maximum flexibility and will argue that anything that makes the transaction unattractive should constitute a MAC.  Between those two opposing views are a host of narrow and technical but important details that need to be negotiated, details which will determine whether the transaction is successfully closed, efficiently and cost-effectively terminated, or devolves into dispute and litigation. This program will provide you with a practical guide using and drafting MAC clauses in transactions.   Drafting “Material Adverse Change” provisions and carve-outs Forms of MACs – closing conditions or representations? Practical process of “proving” a MAC occurred, including burden of proof What happens to the transaction if a MAC occurred? Spotting red flags when drafting MAC clauses and best practices to reduce the risk   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/18/2022
    Presented
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Course1

LIVE REPLAY: MAC Clauses in Business Transactions

$79.00

Material Adverse Change (MAC) clauses are common in most businesstransactions. These clauses allocate among the parties the risk of a MAC occurring between the execution of transactional documents and closing the underlying transaction.  Sellers want certainty that a sale or other transaction will close and argue that the MAC clause should be very narrowly drafted. Buyers want maximum flexibility and will argue that anything that makes the transaction unattractive should constitute a MAC.  Between those two opposing views are a host of narrow and technical but important details that need to be negotiated, details which will determine whether the transaction is successfully closed, efficiently and cost-effectively terminated, or devolves into dispute and litigation. This program will provide you with a practical guide using and drafting MAC clauses in transactions.   Drafting “Material Adverse Change” provisions and carve-outs Forms of MACs – closing conditions or representations? Practical process of “proving” a MAC occurred, including burden of proof What happens to the transaction if a MAC occurred? Spotting red flags when drafting MAC clauses and best practices to reduce the risk   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/18/2022
    Presented
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Course1

Equipment Leases: Drafting & UCC Article 2A Issues

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/21/2022
    Presented
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Course1

Equipment Leases: Drafting & UCC Article 2A Issues

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/21/2022
    Presented
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Course1

LIVE REPLAY: Drafting Arbitration Agreements in Business and Commercial Transactions

$79.00

One of the biggest risks in most business, commercial, or real estate agreements is the risk of dispute and costly, protracted litigation. Arbitration agreements are one of the primary methods by which this substantial risk of loss is contained. Rather than the parties resorting to costly litigation, they are required to seek resolution of their dispute before a neutral arbiter, whose decision in the matter is final and cannot be litigated. Though these agreements are effective mechanisms for dispute resolution and cost containment, they are also highly controversial. This program will provide you with a practical guide the law governing arbitration agreements and drafting their major provisions.   Framework of law governing arbitration agreements Practical uses in business, commercial, and real estate transactions Circumstances where arbitration is effective v. ineffective Counseling clients about the benefits, risks, and tradeoffs of arbitration agreements Scope of arbitration, mandatory nature, and rules used Defining applicable law, arbiter selection, and method of arbitration Judgment on award, review by courts (if any), interim relief   Speaker: Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/4/2022
    Presented
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Course1

LIVE REPLAY: Drafting Arbitration Agreements in Business and Commercial Transactions

$79.00

One of the biggest risks in most business, commercial, or real estate agreements is the risk of dispute and costly, protracted litigation. Arbitration agreements are one of the primary methods by which this substantial risk of loss is contained. Rather than the parties resorting to costly litigation, they are required to seek resolution of their dispute before a neutral arbiter, whose decision in the matter is final and cannot be litigated. Though these agreements are effective mechanisms for dispute resolution and cost containment, they are also highly controversial. This program will provide you with a practical guide the law governing arbitration agreements and drafting their major provisions.   Framework of law governing arbitration agreements Practical uses in business, commercial, and real estate transactions Circumstances where arbitration is effective v. ineffective Counseling clients about the benefits, risks, and tradeoffs of arbitration agreements Scope of arbitration, mandatory nature, and rules used Defining applicable law, arbiter selection, and method of arbitration Judgment on award, review by courts (if any), interim relief   Speaker: Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/4/2022
    Presented
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Course1

Drafting Business Service Agreements

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/26/2022
    Presented
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Course1

Drafting Business Service Agreements

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/26/2022
    Presented
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Course1

LIVE REPLAY: Service Level Agreements in Technology Contracting

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/15/2022
    Presented
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Course1

Drafting Supply Agreements

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/21/2022
    Presented
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Course1

Drafting Supply Agreements

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/21/2022
    Presented
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Course1

LIVE REPLAY: Governance for Nonprofit and Exempt Organizations

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/22/2022
    Presented
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Course1

LIVE REPLAY: Governance for Nonprofit and Exempt Organizations

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/22/2022
    Presented
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Course1

"Boilplate" Provisions in Contracts: Overlooked Traps in Every Agreement

$79.00

The “back of the book” provisions of common business, commercial and real estate agreements are often labeled “boilerplate,” copied and pasted from earlier agreements. But when disputes arise, these overlooked provisions – related to damages, choice of law and forum, notice, integration, and amendments – can determine the fate transaction. These provisions, if not closely examined in the context of every agreement, can provide grounds for litigation – or threats of litigation. This program will provide you with a practical guide to drafting essential “boilerplate” provisions with an emphasis on reducing risk. Damages – types, limitations, drafting traps Choice of law/choice of forum – what the law allows v. what parties prefer Amendments – forms of written amendments, email, and course of dealing Notice – adapting methods to digital communication, traps Integration – conversations, extraneous writings, and assumptions Speaker: Shannon M. Bell is a member with Kelly Law Partners, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • MP3 Download
    Format
  • 60
    Minutes
  • 8/8/2022
    Avail. Until
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Course1

LIVE REPLAY: The Law of Consignments: How Selling Goods for Others Works

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/8/2022
    Presented
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Course1

LIVE REPLAY: The Law of Consignments: How Selling Goods for Others Works

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/8/2022
    Presented
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Course1

LIVE REPLAY: Equipment Leases: Drafting & UCC Article 2A Issues

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/15/2022
    Presented
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Course1

LIVE REPLAY: Equipment Leases: Drafting & UCC Article 2A Issues

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/15/2022
    Presented
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Course1

Selling to Consumers: Sales, Finance, Warranty & Collection Law, Part 1

$79.00

There is no larger market than sales of goods to consumers.  Though the opportunities for your clients are vast, selling to consumers is unlike selling to other businesses. Sales to consumers are governed by overlapping layers of regulations covering how those sales are financed, what warranties are implied by law versus expressly made by the seller, and – when need arises – debt collection of defaulted accounts. Failure to understand and comply with these layers of complexity can lead to consumer complaints and regulatory action, litigation and substantial liability. This program will provide you a framework for understanding the law of consumer sales, including financing those sales, express and implied warranties imposed by law, and debt collection from consumers.  Day 1: Essential law governing sales to consumers – sales law, finance, warranties Sales law – how consumer sales differ from commercial sales Consumer finance – securing the sales with collateral and anticipating defaults Role of the Uniform Consumer Credit Code and Reg Z Role of the new federal Consumer Financial Protection Bureau   Day 2: Understanding the role of implied and express warranties in consumer sales under federal law Limiting a seller’s exposure to warranties and otherwise managing risk Overview Fair Debt Collection Practices Act and the Consumer Credit Protection Act Permissible debt collection practices in consumer sales and potential liability Communications with debtors and third parties and required disclosures Best practices to avoid liability for businesses, lawyers, and law firms   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law

  • MP3 Download
    Format
  • 60
    Minutes
  • 8/19/2022
    Avail. Until
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Course1

Selling to Consumers: Sales, Finance, Warranty & Collection Law, Part 2

$79.00

  There is no larger market than sales of goods to consumers.  Though the opportunities for your clients are vast, selling to consumers is unlike selling to other businesses. Sales to consumers are governed by overlapping layers of regulations covering how those sales are financed, what warranties are implied by law versus expressly made by the seller, and – when need arises – debt collection of defaulted accounts. Failure to understand and comply with these layers of complexity can lead to consumer complaints and regulatory action, litigation and substantial liability. This program will provide you a framework for understanding the law of consumer sales, including financing those sales, express and implied warranties imposed by law, and debt collection from consumers.  Day 1: Essential law governing sales to consumers – sales law, finance, warranties Sales law – how consumer sales differ from commercial sales Consumer finance – securing the sales with collateral and anticipating defaults Role of the Uniform Consumer Credit Code and Reg Z Role of the new federal Consumer Financial Protection Bureau   Day 2: Understanding the role of implied and express warranties in consumer sales under federal law Limiting a seller’s exposure to warranties and otherwise managing risk Overview Fair Debt Collection Practices Act and the Consumer Credit Protection Act Permissible debt collection practices in consumer sales and potential liability Communications with debtors and third parties and required disclosures Best practices to avoid liability for businesses, lawyers, and law firms   Speakers:  Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law    

  • MP3 Download
    Format
  • 60
    Minutes
  • 8/20/2022
    Avail. Until
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Course1

LLC/Partnerships Interests: Collateral, Pledges, and Security Interests

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/23/2022
    Presented
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Course1

LLC/Partnerships Interests: Collateral, Pledges, and Security Interests

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/23/2022
    Presented
SEE MORE