College Fellows' News

2019

Fellows Bridget Marsh and Arleen Nand, together with Tess Virmani of the LSTA, will present a webinar entitled "Documenting and Trading Syndicated Loans" on Tuesday, April 16, 1:00 p.m. - 2:30 p.m. EDT. CLE credit is available.  To register, go to https://www.straffordpub.com/products/tlf3yaenna?utm_campaign=tlf3yaenna

The webinar will examine the critical provisions of credit agreements and secondary trading documents currently being used in the loan syndication market. The panel discussion will focus on standard loan forms promulgated by the Loan Syndications and Trading Association (LSTA), as well as LSTA trading confirmations and related documents which have become accepted forms in the industry. The panel will also discuss points of contrast with the Loan Market Association (LMA) forms used in European transactions. Add to your calendar through this link

Fellow Carl Bjerre (Kaapcke Professor of Business Law at the University of Oregon School of Law) spent a full academic term on a visiting fellowship at Oxford University, Harris Manchester College.  The time was devoted to research and the sharing of ideas on secured transactions, securities, and related issues with faculty and graduate students from Oxford and elsewhere around the world.  Carl’s spouse, Andrea Coles-Bjerre (a Chapter 11 expert who is also on the Oregon faculty) had a parallel Oxford visiting fellowship at the same time.

On December 31, 2018, Fellow Janis Penton retired from MUFG Union Bank as a Managing Director and Associate General Counsel and has joined the faculty at the USC Gould School of Law.  She participated in a panel at the ABA’s Spring Meeting called “The Lifecycle of a Cross-Border Bond: So You Want to Do a Deal in Canada, Eh?” for the Trust Indenture and Indenture Trustees Committee on Thursday, March 28, 2019. 

In January 2019, the ABA published Financing Renewable Energy Projects:  A Global Analysis and Review of Related Power Purchase Agreements, which may be of interest to the Fellows of the College as the world continues to fight the threat of climate change following the signing of the Paris Agreement in 2015.  The Guide provides for the first time in one publication, two essential components of investment in renewable energy:  analysis of the regulatory framework for renewable energy in 59 jurisdictions worldwide (including the United States) representing a global population of 4.7 billion, and analysis of related power purchase agreements. Fellow Kamil Ansar of The Ansar Law Firm acted as lead counsel and Contributing Editor in connection with the origination, arrangement, structuring, and execution of the project represented by the Guide.

On March 6th, 2019, the LSTA and LMA jointly hosted the annual US and European Loan Markets conference in London with about 430 delegates in attendance.  Fellow Bridget Marsh of the LSTA moderated the primary market panel.  She will moderate a webcast on “Acquisition Financing in Latin America” on April 10.

In February 2019, a number of Fellows participated in PLI’s Asset-Based Lending seminar which was taped for distribution later this year.  Organized and moderated by Ed Smith, panelists included Pauline Stevens, Scott Lessne, Kenneth Chin, Marshall Grodner and Pamela Martinson.

Some ACCFL Fellows presented at PLI's Asset-Based Financing Strategies 2019, which was taped in New York in February for release as an on-demand webinar:  Edwin E. Smith (Chair), Kenneth Chin, R. Marshall Grodner, Scott A. Lessne, Pamela J. Martinson, Pauline M. Stevens.  In a roundtable discussion format, program faculty join Ed Smith to explore the most common forms of asset-based financing, and the legal rules governing them, with particular emphasis on Article 9 of the Uniform Commercial Code and the Bankruptcy Code. In addition, the faculty also share what they have learned in representing secured creditors and borrowers in structuring asset-based loans and in enforcing them inside and outside of bankruptcy, and discuss some special problems in asset-based financings relating to intellectual property.  A number of ethical issues that arise in asset-based financings are also on the agenda.  An announcement should be forthcoming from PLI on availability of this program soon.

Fellow Melissa Jacoby is bankruptcy professor at University of North Carolina Chapel Hill, and was quoted in an article in USA TODAY, published on January 31, 2019.  It can be found at this link.  Melissa comments on the importance of determining the best interest of stakeholders in the Sears bankruptcy case.  Melissa also appeared in the Wall Street Journal article reflecting on California PG&E’s bankruptcy filing and reorganization.  Here is the link to that article. 

2018

Widener University Commonwealth Law School announced on July 19, 2018 that Commonwealth Professor of Business Law Juliet Moringiello has been named Associate Dean for Research and Faculty Development.

In her new role, Dean Moringiello is responsible for helping to raise the academic and external profile of the law school and its faculty. She will establish strategic goals and objectives to institute and maintain recognition for the achievements of the faculty and law school. Dean Moringiello will also assist in the promotion of special program activities and help faculty members in finding opportunities to present and publish their work. She will continue to teach business law.

"Our Widener Law Commonwealth faculty members make a tremendous impact with their scholarship on topics of current importance, such as election law, immigration procedure, and environmental sustainability, and so many of them are involved in law reform every level – cross-border harmonization of laws, federal policy, uniform state laws, and local ordinances. Our faculty members are not only committed teachers, but they produce important scholarship on legal education. I’m looking forward to working closely with my colleagues to maximize the impact of their work.”

Dean Moringiello studies the relationship between federal and state law in bankruptcy as well as the impact of electronic transactions on commercial law. Her work has been published in several top law reviews, including the Fordham Law Review, the University of Illinois Law Review, and the Wisconsin Law Review.  She is the immediate past chair of the Pennsylvania Bar Association Business Law Section, an elected member of the American Law Institute, a fellow of the American College of Commercial Finance Lawyers, and a Uniform Law Commissioner for Pennsylvania.

“Juliet brings experience and inside track knowledge of the faculty and specialized programs at the law school to her new position,” said Dean Christian Johnson. “She will play a key role in raising the awareness of faculty scholarship and law school programming to the legal community on both a local and national level.”   Visit commonwealthlaw.widener.edu for more information.

May 14, 2017, ACCFL Fellow Leonard H. Gilbert (Holland & Knight, Tampa, FL) was honored with the Barbara Hancock Literacy Award presented by The Hillsborough County Literacy Association. He was also presented with the Celebrate Literacy Award by the International Literacy Association.  It is with pride that the College congratulates Leonard for the commitment of time and energy that underlies these awards.  Engaging youngsters through reading activities and books is certainly a laudable activity that can alter the future for many children.  Here is a link to Holland & Knight's press release

May 7, 2019, The Equipment Leasing and Finance Association (ELFA) awarded Stewart G. Abramson and ACCFL Fellow Dominic A. Liberatore, deputy general counsel at DLL, the Edward A. Groobert Award for Legal Excellence on May 7 at the ELFA Legal Forum in Washington, D.C.  Here is a link to the press release.

April 12, 2018, Fellows Sylvia Chin and Elizabeth Leckie spoke at the session Cross Border Legal Opinions at the ABA Business Law Section Spring Meeting in Orlando, Florida.

April 6, 2018, ACCFL Fellow Honorable Mindy A. Mora was appointed for fourteen (14) years as a bankruptcy judge for the Southern District of Florida, West Palm Beach Division.  The appointment was by the Eleventh Circuit Court of Appeals.  Here is a link to a press release about the appointment. 

February 12, 2018, some ACCFL Fellows presented at PLI's Asset-Based Financing Strategies 2018, both a live presentation and a webinar:  Edwin E. Smith (Chair), Kenneth Chin, R. Marshall Grodner, Scott A. Lessne, Pamela J. Martinson, Pauline M. Stevens.

Program faculty explored the most common forms of asset-based financing, and the legal rules governing them, with particular emphasis on Article 9 of the Uniform Commercial Code and the Bankruptcy Code. In addition, the faculty also shared what they have learned in representing secured creditors and borrowers in structuring asset-based loans and in enforcing them inside and outside of bankruptcy, and discussed some special problems in asset-based financings relating to intellectual property.  A number of ethical issues that arise in asset-based financings were also on the agenda to review..

ACCFL Fellow Amy Boss was presented with the ABA Fellows prestigious Outstanding State Chair Award during the American Bar Foundation’s 62nd Annual Awards Reception and Banquet on Saturday, February 3, 2018 at the Vancouver Club in Vancouver, BC. 

2017

On September 12, 2017, Fellow Kiriakoula Hatzikiriakos' second edition of her book Secured Lending in Intellectual Property was published (LexisNexis Canada). The book serves as a guide to best practices in this financing segment by examining the commercial and legal context of intellectual property in commercial transactions as well as financing vehicles and procedures, and the associated commercial and legal risks.  For more detail, and to order the book through LexisNexis Online, click here.  

Uniform Law Commission Annual Meeting was held on July 13-19 in San Diego, CA.  The following Fellows were listed as either Uniform Law Commissioners representing one of the various states, Reporters or Advisors (primarily for ALI or ABA), and most actively participated on one or more of the Drafting Committees: Kristen D. Adams (ALI Member), E. Carolan Berkley (ALI Member), Amelia H. Boss (ALI Member), Carl S. Bjerre (Commissioner - OR), Thomas J. Buiteweg (Commissioner – MI), Neil B. Cohen  (ALI Advisor), R. Wilson Freyermuth (Reporter), Patrick A. Guida (Commissioner – RI), Teresa Wilton Harmon (ALI Advisor), Steven L. Harris (Reporter), Thomas S. Hemmendinger (Commissioner – RI), Kenneth C. Kettering (Reporter), Daniel S. Kleinberger (Reporter), Steven N. Leitess (Commissioner – MD), Pamela  J. Martinson (ACCFL Observer),  Fred H. Miller (Commissioner – OK), Juliet M. Moringiello (Commissioner – PA), Norman M. Powell (ABA Advisor), Stephen L. Sepinuck (Reporter), Edwin E. Smith (Commissioner – MA), Sandra S. Stern (Commissioner – NY), Steven O. Weise (ALI Advisor), and James J. White (Commissioner – MI).  More information about the ULC can be found at http://uniformlaws.org/.

A new treatise on Louisiana lending law and finance has been released by ACCFL Fellow Mike Rubin.  Louisiana’s unique rules on asset-based lending, combined with the fact that Louisiana is the only state with civil law rather than common law, can create issues in multistate transactions. The just-released second edition of “Louisiana Law of Security Devices, A Précis,” is written in plain English and provides a readily-understandable overview of Louisiana’s laws as well traps for the unwary. Much more than a mere overview, however, it also contains an in-depth discussion of each of these areas, accompanied by numerous examples that concisely illustrate the rules and concepts. Completely updated to reflect legislative and jurisprudential changes, this book is a must-have for both out-of-state attorneys doing deals in Louisiana as well as for judges who are ruling on finance issues. Published by the Carolina Academic Press, the book can be ordered at: http://bit.ly/2nFqBWs

ACCFL Treasurer R. Marshall Grodner, a member of McGlinchey Stafford PLLC’s Baton Rouge office, was inducted as President of the Association of Commercial Finance Attorneys, Inc. (ACFA) at the Association’s June 2017 meeting.  Here is a link to more information. 

Fellows Sandra Rocks, Ed Smith and Steven Weise presented a 90-minute Stafford CLE webinar Perfecting Security Interests in Deposit Accounts, Securities Accounts and Other Investment Property, on April 27, 2017.  Click here for more information.

Many ACCFL Fellows presented at the ALI-CLE Commercial Lending Today 2017 program on April 20 and April 21.  Fellows (in alphabetical order) include: Penny Christophorou, Arthur Cohen, Teresa Davidson, Patrick (Buzz) Guida, Brian Hulse, Pamela Martinson, Sandra Rocks, Stephen Sepinuck, Harry Sigman, Edwin Smith and Stephen Weise.  For more information about the speaker's topics, click here to the ALI-CLE website page.

Fellow Kiriakoula Hatzikiriakos organized the CLE panel presented on April 7, 2017 for the ABA Spring meeting in New Orleans entitled Making the Intangible Untouchable: Creating, Perfecting and Enforcing Security Interests in Intangibles in Cross-Border Transactions.  The program, which reviewed US, Canadian and UK law, was sponsored by the Uniform Commercial Code Committee and Co-Sponsored by the Business Bankruptcy Committee.

Fellows Sandra Rocks, Ed Smith and Steven Weise presented a telephone seminar/ audio webcast on April 4, 2017, entitled The Surprising Business Implications of the New Hague Securities Convention.   This was an ALI/CLE program.

Fellow Michael Evan Avidon was a member of a panel presenting 2017 Americas Annual Survey of Letter of Credit Law and Practice on March 16 & 17, 2017 in Atlanta, Georgia. Here is the Institute of International Banking Law & Practice calendar of upcoming events for your convenient reference.  

Fellow James Prendergast presented an hour-and-a-half Strafford live webinar, Equity Interests as Collateral: Creating and Enforcing Security Interests in Stocks, Partnerships and LLCs Thursday, March 9, 2017.

Ed Smith and Steven Weise, ACCFL Fellows, presented UCC Article 9 Update on Searching and Filing: Lessons Learned Under Amended Rules, Best Practices for Secured Lenders, on February 23, 2017.  For more information, click here to link to the website program

Fellow Jeffrey a. Wurst was a presenter, as well as the Chair of a full day Stafford CLE Seminar and webinar on UCC Secured Transactions.  The seminar was held on February 15, 2017.  For more information, click here to link to the website program.   

Ed Smith chaired an all-day seminar entitled “Asset-Based Strategies 2017” on February 6, 2017 for the Practising Law Institute.  Marshall Grodner and Scott Lessne served as panelists at this seminar.

2016

The Asian American Bar Association of New York (AABANY) announced that ACCFL President-Elect Sylvia Fung Chin is the recipient of the Norman Lau Kee Trailblazer Award this year.  Sylvia certainly is deserving of this award.  The AABANY provided this press release.   

Amelia Boss was presented the College Homer Kripke Lifetime Achievement Award at the April 2016 Annual Meeting & Dinner in Montreal, Canada.  Attendance at the Mount Royal Club was exceptional.  Photos can be found at this link.  

Patrick (Buzz) Guida and Harry Sigman, Co-Chairs of the Program, along with several other College Fellows, presented at the American Law Institute CLE Commercial Lending Today, in May 2016 in Chicago. 

The College thanks Buzz for his thoughtful advocacy on behalf of our Fellows in securing a 50% off discount for the in-person (or live video simulcast) registration!

Uniform Law Commission Annual MeetingCarl S. Bjerre, Patrick A. “Buzz” Guida, Thomas S. Hemmendinger, Steven N. Leitess, Frederick H. Miller. Juliet M. Moringiello. and Edwin E. Smith, all Commissioners, attended the Annual Meeting held on July 8-14, 2016 at Stowe, Vermont. More information about the ULC can be found at http://uniformlaws.org/.

Kathi Allen is chair of the Model Intellectual Property Security Agreement Task Force, a joint task force of the Commercial Finance Committee and Uniform Commercial Code Committee, ABA Business Law Section.  The Task Force published its report entitled “Task Force Introductory Report and Background Considerations, Model Intellectual Property Security Agreements” in the Summer 2016 edition of the Business Lawyer.  Please check the ABA website for this edition of the Business Lawyer.

ABA Business Section Spring Meeting 2016 – Montreal, Canada:

                Bridget Marsh with others presented a program entitled Current State of Syndicated Loan Markets. Please check the ABA website for the materials.  

                Stephen Sepinuck and Penelope Christophorou presented a program entitled Key Considerations for LLC Membership Interest Collateral.  Please check the ABA website for the materials.  

                Cathy Reece presented a program entitled Secured Financing Issues Concerning DIP Financing, Cash Collateral and Exit Financing.  Materials can be found here:http://www.americanbar.org/content/dam/aba/events/business_law/2016/04/spring/materials/sec-fin-dip-201604.authcheckdam.pdf.

Association of Commercial Finance Attorneys, Continuing Legal Education Weekend, 2016

                Tom Hemmendinger presented a program entitled Perfection Ain’t What It Used to Be: Financing Goods in Transit.

                Mindy Mora presented a program entitled The Annual Bankruptcy Update.

                Alison Manzer presented a program entitled Your Finance Deal Needs You to Understand the IP – Really!

                Janet Nadile, Ed Smith and Steve Weise presented a program entitled The Annual UCC Update

                Bob Zadek presented a program entitled Transaction Litigation – What the Courts Have Taught Us This Year About Drafting.

                Marshall Grodner and Ed Lester presented a program entitled Ruminations on Ethics and Professionalism: Part VI.

ABA Business Section Annual Meeting 2016

                Steve Wiese and Teresa Harmon will present Commercial Law Developments, 2015-2016 on September 10, 2016 from 10:30-12:30, Westin Copley, Essex North, Third Floor.

                At the conclusion of the meeting, Jeremy Friedberg will become Chair and Marshall Grodner will become First Vice Chair of the Commercial Finance Committee of the ABA Business Law Section. Neal Kling will become Immediate Past Chair.

2015

Maury Pascover was presented the College’s Homer Kripke Lifetime Achievement Award at the April 2015 Annual Meeting & Dinner in San Francisco.   Fellows and guests attended the Dinner at Fang Restaurant.  Here is a link to some photos, kindly taken and provided by Fellow Steven Weise

College elected new Fellows, Regents and Officers.

2014

Professor Neil B. Cohen was awarded the College’s Homer Kripke Lifetime Achievement Award.

The College held a successful 2014 Annual Dinner in Los Angeles. Click here to enjoy the photos

Bill Burke Eight Summits documentary released – information is available at http://www.eightsummitsfilm.com/.

New Fellows, Regents and Officers Elected.

2013
John Power was awarded the College’s Homer Kripke Lifetime Achievement Award.

Peter H. Weil, who was elected a Fellow of the College in 1992, passed away in August 2013. Links to Peter’s obituary can be found here.

2012
Ed Smith and Steve Weise were awarded the College’s Homer Kripke Lifetime Achievement Award.

James J. Murphy, who was elected a Fellow to the College in 2002, passed away in October 2012.

Richard E. Cherin, who was elected a Fellow of the College in 1992, passed away in January 2012. A tribute to Richard appears here.

2011
Gonzaga Law Review publishes Symposium on Article 9 of the Uniform Commercial Code, co-sponsored by the College and the Gonzaga University Commercial Law Center

College Submits Comment Letter on the Draft Report of the Permanent Editorial Board for the Uniform Commercial Code

ADR Taskforce published Final Report and Supplementary Arbitration Rules for Commmercial Finance Transactions

Tribute to Gary Chamblee

2011 Achievement and Service Awards

2009
Tribute to James Looman

2009 Homer Kripke Award Recipient William Burke Summits Mr. Everest

2009 Special Service Awards

2008
ACCFL Newsletter – September

ACCFL Newsletter – May

Tribute to Ernest Williams, III

Tribute to Earl Glick

2007
Tribute to Donald J. Rapson

2006
Leonard H. Gilbert appointed to serve on the American Bar Association’s Committee on the Federal Judiciary.

Steven N. Leitess appointed to serve on the Maryland Commission on Uniform State Laws