Upcoming events

    • 28 Feb 2023
    • 5:00 PM - 6:30 PM
    • Zoom Videoconference
    Register

    State of the Law on Make Wholes and Postpetition Interest


    Tuesday, February 28, 2023 - Via Zoom
    5:00-6:00 Program

    6::00-7 Networking (separate link will be provided)


    SPEAKERS:

    Honorable Deborah J. Saltzman, United States Bankruptcy Court for the Central District of California

    Sonja M. Hourany, Associate, Golden Goodrich, LLP
    Eri E. Man, Associate, Munger, Tolles & Olson LLP

    Seth Goldman, Partner, Munger, Tolles & Olson LLP

    COST:
    FLC members: $40
    Non-members: $55
    Government employees: $0

    MCLE Credit 
    This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. The Financial Lawyers Conference certifies that this activity conforms to the standards for approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

    Return, Refunds and Cancellation Policy
    All cancellations and refund requests must be received by FLC no later than the Friday prior to the event. Thereafter, all sales are final and no refunds are given.  To cancel, email us at info@financiallawyers.org.

    • 17 Mar 2023
    • 19 Mar 2023
    • Ojai Valley Inn & Spa
    Register


    2023 Annual Seminar of the Financial Lawyers Conference

     

    December 15, 2022

    APPLICATIONS MUST BE RECEIVED BY JANUARY 20, 2023

    The Annual Seminar of the Financial Lawyers Conference for 2023 will take place at the Ojai Valley Inn in Ojai, California, over the weekend of March 17-19, 2023.  The topic of this year’s seminar is:

    New Article 12 and Revisions to Article 9:
    Welcoming the UCC to the World of Digital Assets,
    Bundled Transactions, and Virtual Currencies

    The Financial Lawyers Conference is pleased to announce that the 2023 Seminar will be led by two members of the Digital Assets Working Group of the Committee on the Uniform Commercial Code and Emerging Technologies, Charles W. Mooney, Jr., and Carla L. Reyes.

    Charles Mooney is the Charles A. Heimbold, Jr., Professor of Law, Emeritus, at Penn Carey Law at the University of Pennsylvania.  He joined the faculty in 1986, and served as interim dean from August 1999 to March 2000.  His book Security Interests in Personal Property: Cases, Problems, and Materials (6th ed. 2016) is a widely adopted text used in law schools around the United States.  He was the Reporter for the Uniform Commercial Code Amendments (2022) (which includes the new Article 12) and is a member of the International Institute for the Unification of Private Law (UNIDROIT) working group on digital assets and private law.

    Carla Reyes is an Assistant Professor of Law at the Southern Methodist University Dedman School of Law.  She joined the SMU faculty in 2020 after teaching stints at the Michigan State University College of Law and Stetson University College of Law.  She is a member of the UNIDROIT working group on digital assets and private law, an Associate Research Director for the Permanent Editorial Board of the Uniform Commercial Code, a Research Director for the Uniform Law Commission Technology Committee, and was an Advisor for the Uniform Commercial Code Amendments (2022).  She is the author of Creating Cryptolaw for the Uniform Commercial Code, 74 Wash. & Lee L. Rev. 1521 (2021), advocating the use of blockchain technology and smart contracts (a type of computer program frequently used in connection with blockchain technology) to form the basis of an Article 9 filing system that remedies many of the current system’s failures. 

    The Uniform Commercial Code (UCC) has been enacted in all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.  Since its widespread enactment in the 1960s, the UCC has been periodically revised to address changes in commercial practices.

    In 2019, the Uniform Law Commission (ULC) and the American Law Institute (ALI) appointed a Joint Committee to consider whether changes to the UCC are advisable to accommodate emerging technologies such as artificial intelligence, cryptocurrency, blockchain, and non-fungible tokens (NFTs).  The Joint Committee conducted numerous meetings and, with the help of several small working groups, drafted proposed amendments to the UCC to deal not only with digital assets, but also “bundled” or “hybrid” transactions (i.e., transactions involving the sale or lease of goods together with the provision of services, licensing of information, or both) and virtual currencies.  Professor Mooney served as the Reporter for the Joint Committee, Professor Reyes served as an advisor to the Joint Committee, and Professors Mooney and Reyes served on the Digital Assets Working Group.

    In mid-2022, ALI and ULC approved a new UCC Article 12, as a part of the Uniform Commercial Code Amendments (2022), to govern the transfer of property rights in certain intangible digital assets – defined in Article 12 as “controllable electronic records” – that have been created (or may in the future be created) using new technologies.  “Controllable electronic records” include only those electronic records that can be subjected to control, including, for example, certain types of virtual currency and NFTs.  In this context, control is the functional equivalent of “possession” of a controllable electronic record, and a necessary condition for protection as a good faith purchaser for value (a “qualifying purchaser”).  Article 12 allows a qualifying purchaser of a controllable electronic record to take its interest free of conflicting property claims, and provides a mechanism for evidencing certain rights to payment to the person that has control of the controllable electronic record.

    The ALI and ULC also approved extensive amendments to UCC Article 9.  Some address the creation and perfection of security interests in controllable electronic records and in the rights to payment that are embedded in, or tethered to, controllable electronic records.  The amendments also redefine “chattel paper” and update Article 9 provisions applicable to this type of collateral.  The new definition and related revisions to Article 9 resolve uncertainties that arise in “bundled” or “hybrid” transactions, and provide a single rule for perfecting a security interest in chattel paper regardless of whether it is tangible (i.e., evidenced by writings) or electronic.  The amendments also include new definitions of “money,” “electronic money” and “tangible money” to address, among other things, the possibility that countries will authorize or adopt intangible tokens (e.g., bitcoin or central bank digital currencies (CBDCs)) as a medium of exchange.

    To protect parties’ expectations and give parties time to adjust to the amendments, the ALI and ULC recommend that states adopt a uniform “adjustment date” of July 1, 2025.  If the effective date of the amendments in a particular state occurs after July 1, 2024, the ALI and ULC recommend that the “adjustment date” occur one year after the amendments go into effect in that state.

    Recent events evidence the need for uniform laws governing emerging technologies.  In June 2022, a court in the British Virgin Islands ordered Three Arrows Capital (3AC), a cryptocurrency hedge fund, to liquidate.  3AC reportedly borrowed billions of dollars to fund its trading, and owed more than $650 million to crypto-currency broker Voyager Digital.  Voyager itself filed for chapter 11 in July 2022.  Also in July 2022, one month after pausing all transfers and withdrawals, cryptocurrency lender Celsius Network filed for chapter 11 and scheduled $4.7 billion of liabilities to users who had deposited cryptocurrency digital assets with the company.  Cryptocurrency exchange FTX, cryptocurrency hedge fund Alameda Research, and over 130 affiliated companies filed for chapter 11 on November 11, 2022, after a tumultuous week in which a rival exchange, Binance, backed out of a deal to acquire FTX.  On November 28, 2022, a cryptocurrency lender that was bailed out by FTX earlier in the year, BlockFi, filed for chapter 11. 

    Ripples in the cryptocurrency brokerage and lending industry likely will continue to spread in the months, if not years, to come.  Yet the number of people and companies that use or invest in cryptocurrency and other digital assets is growing.  For example, you can now use certain cryptocurrencies to buy movie tickets and popcorn at AMC Theaters, purchase a basketball jersey from the Dallas Mavericks, or donate to The Metropolitan Museum of Art.  Given the increased role that cryptocurrencies are likely to have in the future, attorneys and insolvency professionals should familiarize themselves with these recent revisions to the UCC relating to transfers, securitization and perfection of security interests in emerging technologies, as well as other recent revisions to Article 9.

    A few weeks before the seminar, FLC will email attendees written course materials, including discussion questions and problems that will form the basis for the seminar discussions, as well as assigning each attendee to a specific issue.  Because the seminar materials will be distributed via email, please be sure to provide your email address on your seminar application.

    The weekend will include approximately eleven hours of roundtable discussion, which has been approved for Minimum Continuing Legal Education credit by the State Bar of California.

    We are delighted that the seminar will again be held at the


    OJAI VALLEY INN

    905 Country Club Road

    Ojai, California 93023

    Nestled within a rare coastal valley on 220-oak studded acres, the iconic Ojai Valley Inn offers an abundance of active and peaceful pleasures.  Amenities include a legendary golf course, 31,000 square foot Spa Village, Artist Cottage & Apothecary, apiary and immersive beekeeping experience, The Farmhouse at Ojai, multiple pools, and seven unique dining outlets with settings that range from fast-casual, poolside, to fine dining.  The quaint ranch town is within walking distance with shops, restaurants and local wineries to explore.  Given the wealth of activities available at the Ojai Valley Inn, participants and their guests will have plenty of stimulating options when not discussing recent developments in commercial law.

    FLC is making comprehensive arrangements for fine dining and entertainment throughout the seminar weekend.  Friday evening will feature a cocktail reception and dinner buffet, followed by conversation, socializing, poker and games in the hospitality suite.  Both a buffet breakfast and lunch will be served on Saturday.  On Saturday evening, FLC will host a cocktail reception, followed by FLC’s traditional awards dinner and, after that, more conversation, socializing, poker and games.

    Attendees and guests will have free time Saturday afternoon.  Win trophies on the links by participating in FLC’s annual golf tournament,[1] indulge in the world-class, full service spa,[2] explore Ojai, or simply lounge at the pool or stroll the property.

    FLC’s policy on attendance by children is described in the rules established by the Board of Governors (the “Rules”).  Child care and babysitting arrangements can be made directly through the hotel concierge.

    The preliminary schedule for the seminar weekend is as follows:

    FRIDAY

    12:00 pm – 1:30 pm

    Registration

    03/17/23

    1:30 pm – 5:30 pm

    SEMINAR

    6:00 pm – 7:00 pm

    Hosted Cocktail Party

    7:00 pm – 9:00 pm

    Dinner Buffet

    9:00 pm – Midnight

    Conversation, Socializing, Poker, and Games

    SATURDAY

    7:00 am – 9:00 am

    Buffet Breakfast

    03/18/23

    8:00 am – 12:00 noon

    SEMINAR

    12:00 noon – 1:00 pm

    Lunch Buffet

    1:00 pm – 6:00 pm

    Free Time, Annual FLC Golf Tournament, Pools, and Other Activities


    SATURDAY

    6:00 pm – 7:00 pm

    Hosted Cocktail Party

    03/18/23

    (cont’d)

    7:00 pm – 9:00 pm

    Dinner Buffet and Award Presentations

    9:00 pm – Midnight

    Conversation, Socializing, Poker, and Games

    SUNDAY

    8:00 am – 10:00 am

    Breakfast Buffet

    03/19/23

    9:00 am – 12:00 pm

    SEMINAR

    12:00 pm

    Check-out[3]

    Check-in time on Friday is 4:00 pm, although some rooms may be available earlier.  Luggage storage will be provided in the lobby if your room is not available when you arrive for the seminar.

    The standard registration fee for the seminar is $3,400 for an individual or $3,900 for a couple.  The registration fee for optional early arrival on Thursday, March 16, 2023, is $4,035 for an individual or $4,535 for a couple.  The registration fee covers all of the following:  educational program and materials; room and tax; in-room coffee/tea; hosted cocktail receptions on Friday and Saturday evenings; buffet dinners on Friday and Saturday; buffet breakfasts on Saturday and Sunday; buffet lunch on Saturday (or box lunch for golfers); three seminar breaks with snacks and beverages; nightly hospitality suites on Friday and Saturday; 24-hour valet and self-parking; wi-fi access in all guest rooms, pool areas and the lobby; nightly turndown service (including housekeeping gratuities); full access to the fitness center and daily mind & body classes; select newspapers and magazines available through an in-room iPad (daily newspaper delivered upon request); unlimited use of tennis courts (reservations required); business center featuring Apple and Dell computers; and complimentary resort Linus bicycles (subject to availability).

    There will be a $145 registration fee for each child aged three and up who will be attending one or more of the meals that are open to children (Saturday breakfast, Saturday lunch and Sunday breakfast).

    Incidental charges (e.g., bellman services, room service, mini bar charges, hotel restaurants and bars, gift shop purchases, greens fees for Saturday’s golf tournament, extracurricular activities and spa fees) will be charged to the attendees.

    If the seminar is oversubscribed, attendance will be determined by the Rules.

    Please note that once an application is submitted, it may not be withdrawn.  Refunds will be subject to paragraph 7 of the Rules.

    Please register for the seminar online, at www.financiallawyers.org.  If you prefer to submit a registration form by mail or email, please contact our administrator, Leslie Medina, at info@financiallawyers.org to request a form.

    APPLICATIONS MUST BE RECEIVED BY JANUARY 20, 2023

    We look forward to seeing you at the seminar.  This is sure to be an educational, fulfilling and enjoyable weekend!

    Very truly yours,

    John Tedford

    Vice President and Seminar Chair

    Click HERE for the complete event rules

    [1] We have reserved a block of tee times for the golf tournament.  Greens fees are $135 per person for 18 holes.  Skill and aptitude is optional.

    [2] Attendees should make reservations with the spa directly.  OVI is offering a 10% discount off 2023 Spa Ojai menu pricing for 60-minute treatment services or more, Sunday through Friday only, excluding merchandise and Saturday treatment services.

    [3] Check-out time on Sunday is 12:00 pm.  Based on availability, late check-out may be requested on the day of departure.


Past events

06 Oct 2022 2022 Nuts & Bolts - Fundamental issues arising in bankruptcy cases, Article 9 of the Uniform Commercial Code, and appellate advocacy.
17 Feb 2022 2022 Nuts & Bolts: WORKOUTS AND RESTRUCTURINGS OF CORPORATE DEBT OBLIGATIONS
14 Dec 2021 Videoconference: 2021 FLC PAST PRESIDENTS’ PANEL: ANALYZING COMMERCIAL REASONABLENESS AND KEY STRATEGIC ISSUES IN ENFORCEMENT OF SECURITY INTERESTS IN LLC INTERESTS
17 Jun 2021 Zoom Videoconference: George M. Treister Memorial Bankruptcy Law Update
06 May 2021 Zoom Videoconference: Jeffrey S. Turner Memorial Commercial Law Update
22 Apr 2021 Zoom Videoconference: The Rise of Bankruptcy Directors
02 Mar 2021 Zoom Videoconference: Structuring Multistate Loans
25 Feb 2021 Zoom Videoconference: Nuts & Bolts 2021: Workouts and Restructurings of Corporate Debt Obligations
10 Dec 2020 Zoom Videoconference: Financing In-transit Inventory: Smooth Sailing or Stormy Seas?
19 Nov 2020 Zoom Videoconference: Spotting Ambiguity In Commercial Agreements
24 Sep 2020 Zoom Videoconference: Judge Saltzman and Judge Yun on The Potential Lasting Impact of Virtual Courtroom Appearances - A Members Only Event
04 Jun 2020 Zoom Videoconference: George M. Treister Memorial Bankruptcy Law Update
07 May 2020 Zoom Videoconference: Jeffrey S. Turner Memorial Commercial Law Update
03 Apr 2020 2020 Annual Seminar
06 Feb 2020 Legal Opinions in Loan Transactions – Is there any Value to Them?
07 Nov 2019 Fools Rush In: Recent Cases Strengthening The Estate's Rights Against Creditors And Their Claims.
23 Oct 2019 3rd Annual FLC Distinguished Speaker Dinner
18 Oct 2019 Nuts & Bolts: In The Realm Of Insolvency
13 Jun 2019 George M. Treister Memorial Bankruptcy Law Update
02 May 2019 Jeffrey S. Turner Memorial Commercial Law Update
29 Mar 2019 2019 Annual Seminar
07 Feb 2019 Splitting the Circuits
03 Dec 2018 LABF Annual Holiday Party
08 Nov 2018 Current Issues in Claims Trading and Assignment of Claims
17 Oct 2018 2nd Annual FLC Distinguished Speaker Dinner
08 Jun 2018 Nuts & Bolts: The Anatomy of a Credit Agreement
07 Jun 2018 Annual Bankruptcy Update 2018
03 May 2018 Bankruptcy Bypass: Recent Use of State Court Healthcare Provider Receiverships in Lieu of Bankruptcy
05 Apr 2018 Jeffrey S. Turner Memorial Commercial Law Update
02 Mar 2018 2018 Annual Seminar
11 Jan 2018 Moving Beyond Fisker - Considerations for Successfully Structuring or Challenging a Credit Bid in Bankruptcy
07 Dec 2017 'Tis the Season - The Real Deal on Retail
04 Dec 2017 LABF Annual Holiday Party
02 Nov 2017 A Spooky Brew: Trends in the Finance Cauldron Create a Potion of Unexpected Outcomes in Recent Restructurings
27 Oct 2017 Nuts & Bolts: Workouts and Restructurings
03 Oct 2017 Inaugural Distinguished Speaker Series
08 Jun 2017 Annual Bankruptcy Update
04 May 2017 Jeffrey S. Turner Memorial Commercial Law Update
06 Apr 2017 Navigating Shifting Ground in Workouts and Chapter 11 Bankruptcies
24 Mar 2017 2017 Spring Seminar
23 Feb 2017 Drilling Down: Issues in Oil and Oilfield Services Bankruptcies
12 Jan 2017 Top 10 Biggest Mistakes in Perfecting the Security Interest in Mezz Finance Deals
08 Dec 2016 Bankruptcy Waivers in First Lien-Second Lien Intercreditor Agreements
03 Nov 2016 Real-World Ethics: Bankruptcy Professionals Behaving Badly
15 Sep 2016 September Program - Chapter 11
03 Jun 2016 Nuts & Bolts: Real Estate Restructurings
02 Jun 2016 Bankruptcy Update
02 Jun 2016 June Young Professionals Mixer
12 May 2016 Jeffrey S. Turner Memorial Commercial Law Update
12 May 2016 Young Professionals Mixer
10 Mar 2016 Transactional Skills: How to Structure and Document a Deal
04 Feb 2016 The Election That Really Matters
07 Jan 2016 Notes: An Accident Waiting to Happen
03 Dec 2015 So, You Have a Security Interest in Intellectual Property. Now What (and What Should You Have Done)?
05 Nov 2015 Litigation Funding - Risks, Opportunities, and Shifting Leverage in Bankruptcy

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FLC is a 501(c)(6) non-profit organization. 638 Lindero Cyn Rd. #123, Oak Park, CA 91377

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