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VIRTUAL LEGAL SYMPOSIUM |March 16 and 17

Questions? Contact Lillian Novak at lillian.novak@nacmconnect.org or call 847.483.6478

TUESDAY    |    March 16

9 AM

Bankruptcy Trends Post-Covid
Brian Jackiw and Thomas Fawkes, Tucker Ellis LLP

Bankruptcy filings, while ahead of the last several years, still lag because lenders have elected to forebear rather than exercise default remedies against borrowers. We anticipate, however, that as we go into 2021 lenders will become far more aggressive, which will result in substantially increased bankruptcy activity across a number of industries. We will discuss anticipated trends in bankruptcy in the post-covid environment and strategies that creditors should employ to mitigate future risk.

10:30 AM

Ten Commandments of Ethical Collections
John Mayer, Ross, Banks, May, Cron & Cavin, P.C.

A review of ten best practices to incorporate into your collections strategies before, during and after collection efforts take place.

1 PM

Are They Really Out of Business?
Timothy Wan, Smith Carroad Levy Wan & Parikh

Sometimes they might appear to be out of business, but there are ways to collect the debt using alias theory, successor-in-interest, and/or other techniques. Hear real-life first-hand case studies from a twenty-year commercial litigator where a seemingly uncollectible debt could be collected because of ingenuity, creativity, and the creditor’s quality of documentation, information and cooperation.

2:30 PM

Proactively Protecting your Company’s Accounts Receivables
Wanda Borges, Esq., Borges & Associates, LLC

During this pandemic, it is more important than ever for credit executives to be proactive in protecting their company’s accounts receivable even before they become due. As companies reopened their businesses trade credit grantors were asked to extend seasonal credit with larger dollar exposures. On an ongoing basis, utilizing the tools available to you can safeguard your company from bad debt exposure in the future. This program will discuss how to determine which tool is the best option for your company and how to properly document that choice once you have decided.

4 PM

Investigating and Remediating Workplace Fraud and Similar Business Disputes
John Schmidt, Partner, Phillips Lytle LLP;  Bart McGloin, CPA/CFE, Dopkins & Co.; Peter M. Vito, Peter M. Vito & Associates

When you discover that your business has been the victim of workplace fraud, it can be devastating. And the prevalence of such fraud is on the rise in this age of telecommuting and reduced on-site workforces. Mr. Schmidt, Mr. McGloin, and Mr. Vito have worked together for many years on these matters-counseling clients, litigating, and interfacing with law enforcement, insurers, and government regulators, as appropriate-on the prevention, detection, and remediation of fraud.

 

WEDNESDAY    |    March 17

9 AM

Don’t Get Burned: Warning Signs and Best Practices to Detect and Avoid Credit and Payment Fraud
Bruce Nathan and Andrew Behlmann, Esq.,
Partners, Lowenstein Sandler LLP

Everyone is familiar with the big-name corporate and financial frauds that make national news. But although high-profile names like Enron and Madoff make headlines, businesses like yours are getting hit day after day with schemes and scams that are less obvious but every bit as onerous. From traditional financial statement fraud, to sophisticated e-mail spoofing schemes, to “old school” credit fraud tactics such as same name and ship-to scams, devious charlatans are just a mouse click away from wreaking havoc on your bottom line – and, in some instances, even the viability of your business as a whole. This program deals with credit and payment fraud, the schemes commonly employed by modern fraudsters, red flags and warning signs, and the defensive tactics, tips, and tools to protect yourself and your business from the havoc that fraudsters seek to create.

10:30 AM

The Small Business Reorganization Act
Michael King, Philip Mitchell and Brian Fullmer, Partners, Gammage & Burnham, PLC

In 2019 Congress passed the Small Business Reorganization Act, allowing for an expedited bankruptcy process for businesses with debt below a dollar limit (currently $7,500,000 under the CARES Act). This presentation discusses the method under which this process occurs, what credit managers and creditors should be prepared for, and how creditors and credit managers can effectively position themselves.

1 PM

PPP Loan Program and the Impact on the Coming Economy
Brian Jackiw and Thomas Fawkes
Tucker Ellis LLP

We will discuss the PPP Loan Program, forgiveness of the loans, and the impact on trade creditor recoveries, creditor rights and remedies in a bankruptcy or insolvency scenario.

2:30 PM

Managing Expectations Before, During and After Litigation
Howard Weber, Law Office of Howard Weber

You haven’t been paid. You’re upset and you seek legal help in collecting every penny due you. However, it is important to understand what’s involved in the litigation process and how it might affect your decisions regarding settlement of the case. Learn how your professional, personal and psychological skills must all come into play in order for you and your lawyer to move forward in a positive and constructive way towards a satisfying resolution.