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  • My Customer Filed Bankruptcy – What Should I Do Now?

    Contains 4 Component(s), Includes Credits

    This presentation will show you what to do when you think a customer has filed bankruptcy, how to check on the filing and how to react to the different types of bankruptcy that can be filed. Learn the new laws that apply in bankruptcy and how the courts are ruling on matters like reclamation, new administrative claims and creditors' committee issues so you can act quickly and decisively the next time a customer says those dreaded words.

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    This presentation will show you what to do when you think a customer has filed bankruptcy; how to check on the filing and how to react to the different types of bankruptcy that can be filed.  Learn the new laws that apply in bankruptcy and how the courts are ruling on matters like reclamation, new administrative claims and creditors' committee issues so you can act quickly and decisively the next time a customer says those dreaded words.  After successful completion of this learning module the student will understand how to confirm that there has been a filing, how to find the case, how to determine the type of case, how the filing will affect their company, the basic steps to take when faced with a customer filing bankruptcy, how to determine if their company has critical vendor status, reclamation claims, administrative claims, and creditor’s committees.

    Speaker Bio:

    Lynnette Warman is a bankruptcy attorney, and a partner with the firm Hunton & Williams, LLP in Dallas , Texas .  Ms. Warman earned her BA from the University of Nebraska , and her JD from Creighton University School of Law, magna cum laude, in 1986.  Her practice focuses on corporate reorganizations, out of court work-outs and structured financial transactions. Recent engagements have involved significant mediation, litigation and appellate work in both bankruptcy and other federal courts. Ms. Warman also devotes considerable time analyzing transactions to address potential insolvency issues such as lender liability, avoidance, and fraudulent transfers. Ms. Warman was formerly the head of the Business Department at Jenkens & Gilchrist, P.C., and the former Practice Group Leader of that firm's Bankruptcy Section.

  • I Have My First Preference Claim - What Should I Do Now?

    Contains 4 Component(s), Includes Credits

    This presentation will outline what you should do if you find that you have a preference claim. The presenter will cover the definition of a preference, why they exist and what are the defenses, Preferential Transfers, including their policy and purpose, the Process of Recovery of Preferential Transfers and what can be recovered, how the creditor can defeat preference claims, Statutory Elements, Ordinary Course of Business, and Subsequent Value.

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    This presentation will outline what you should do if you find that you have a preference claim. , The presenter will cover the definition of a preference, why they exist and what are the defenses, Preferential Transfers, including their policy and purpose, the Process of Recovery of Preferential Transfers and what can be recovered, how the creditor can defeat preference claims, Statutory Elements, Ordinary Course of Business, and Subsequent Value. , After successful completion of this module the student will understand what a preference is, why they exist and the defenses for them, four things not to do if you get a preference claim, the best things to do if you get a preference claim, the Process for Recovery of Preferential Transfers and what can be recovered, what the Affirmative Defenses are against preference claims, what an Ordinary Course of Business must show, and the best practices regarding preference actions.

    Speaker Bio:

    Lynnette Warman is a bankruptcy attorney, and a partner with the firm Hunton &, Williams, LLP in Dallas, Texas. , Ms. Warman earned her BA from the University of Nebraska, and her JD from Creighton University School of Law, magna cum laude, in 1986. , Her practice focuses on corporate reorganizations, out of court work-outs and structured financial transactions. Recent engagements have involved significant mediation, litigation and appellate work in both bankruptcy and other federal courts. Ms. Warman also devotes considerable time analyzing transactions to address potential insolvency issues such as lender liability, avoidance, and fraudulent transfers. Ms. Warman was formerly the head of the Business Department at Jenkens &, Gilchrist, P.C., and the former Practice Group Leader of that firm's Bankruptcy Section. 

  • Dealing With Difficult People

    Contains 4 Component(s), Includes Credits

    Dealing with difficult people can be challenging! Their behavior can leave you emotionally drained and distracted from focusing on more important issues. If you feel caught up in a drama that you

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    Dealing with difficult people can be challenging!  Their behavior can leave you emotionally drained and distracted from focusing on more important issues.  If you feel caught up in a drama that you’re ready to exit, this session is for you!  Learn how to stop negative patterns, set healthy boundaries, and respectfully disengage from button pushers.  After successful completion of this learning module the student will understand how their choices affect interactions with people, the signs of being negatively engaged with someone, how to set healthy boundaries, what unhealthy boundaries look like, when to speak up and when to stay silent, and how to respectfully disengage from a situation.

    Speaker Bio;

    Susan Fee, M.Ed., L.P.C. is a licensed professional counselor and business presentation coach based in Cleveland, OH. She has taught public speaking skills to clients such as Motorola and employees from the U.S. Navy and the State of Michigan. Ms. Fee is an adjunct college instructor of effective public speaking and has authored Positive First Impressions and Dealing With Difficult People, which are available from her web site (www.susanfee.com). Last year, Adams Media released her latest book, My Roommate Is Driving Me Crazy!  Solve Conflicts, Set Boundaries, and Survive the College Roommate from Hell.

  • Reviewing and Revising Construction Contracts (Part of Commercial Construction Credit Specialist)

    Contains 4 Component(s), Includes Credits

    Appreciate the costs, leverage and risk inherent in construction contract terms.

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    Appreciate the costs, leverage and risk inherent in construction contract terms.  What do you really need in your contracts?  What can you live with?  What can you change? What are the deal breakers?  Understand Conduit or Pass Through Provisions; Pay when Paid and Pay if Paid Clauses; Change Orders and Claims Procedures; Scheduling and Delays; Limitations of Liability; Notice of Default and an Opportunity to Cure; Dispute Resolution Procedures, Venue and Arbitration; Waivers and Preserving Security Rights.   After successful completion of this learning module the student will understand the importance of contract terms, Conduit or Pass Through Provisions; Pay when Paid and Pay if Paid Clauses; Change Orders and Claims Procedures; Scheduling and Delays; Limitations of Liability; Notice of Default and an Opportunity to Cure; Dispute Resolution Procedures, Venue and Arbitration; Waivers and Preserving Security Rights.

    Speaker Bio:

    James Fullerton is a graduate of the University of Colorado and the University of Virginia School of Law.  He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton & Knowles, P.C.  The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region.  He also represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues, including contract formation and disputes, defects in labor and materials, impact and delay claims, as well as doing litigation, arbitration and mediation in public and private projects.  

  • Credit Management Contract Terms (Part of Commercial Construction Credit Specialist)

    Contains 4 Component(s), Includes Credits

    Learn the importance of contract terms and forms to increase profits, lower costs and lower risk.

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    Learn the importance of contract terms and forms to increase profits, lower costs and lower risk.  Consider effective terms for Credit Applications, Proposals, Quotes, Guarantees, Lien Waivers, and Joint Check Agreements such as Attorney’s Fee, Service Charge and Forum Selection to lower your costs and motivate a debtor to pay.  Other topics covered include Notice and an Opportunity to Cure to protect against back charge claims; Limitations of your Liability to a return of the purchase price and Exclusions of Express and Implied Warranty; Limitations on Claims of Defect or Delay; and Trust Fund Agreements to make your customer a Trustee for your receivable.  After successful completion of this module the student will understand the importance of contract terms and forms, the types of contract forms, Notice and Opportunity to Cure, Limitations on Claims of Defect and Delay and Trust Fund Agreements.  A packet of camera ready forms for immediate use are available from the presenter. 

    Speaker Bio:

    James Fullerton is a graduate of the University of Colorado and the University of Virginia School of Law.  He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton & Knowles, P.C.  The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region.  He also represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues, including contract formation and disputes, defects in labor and materials, impact and delay claims, as well as doing litigation, arbitration and mediation in public and private projects.

  • Uniform Commercial Code - Sale of Goods (Part of Commercial Construction Credit Specialist)

    Contains 4 Component(s), Includes Credits

    Understand the terms the Uniform Commercial Code adds to your contract automatically unless you “otherwise agree.”

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     Understand the terms the Uniform Commercial Code adds to your contract automatically unless you “otherwise agree.”  When does the UCC apply?  Learn to limit your liability to a return of the purchase price to avoid defect and delay damage claims.  Get a waiver of express and implied warranties.  When do you have the right to stop shipments and demand adequate assurance of payment?  What are your rights to cure any default in your performance?  How do you reclaim your goods if the customer defaults?  This module will answer these questions and help you better understand the Uniform Commercial Code Sale of Goods.  After successful completion of this module the student will understand when the UCC does not apply, Express Warranty, Implied Warranty, Limitation of Liability, Seller’s Right to Cure, Seller’s Right to Reclaim Goods, Right to Adequate Assurance of Performance, Notice of Breach to Seller and Battle of the Forms.

    Speaker Bio:

    James Fullerton is a graduate of the University of Colorado and the University of Virginia School of Law.  He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton & Knowles, P.C.  The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region.  He also represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues, including contract formation and disputes, defects in labor and materials, impact and delay claims, as well as doing litigation, arbitration and mediation in public and private projects.

  • Business Writing Skills

    Contains 4 Component(s), Includes Credits

    You may have taken English or creative writing in college, but do the skills learned in those classes transfer to business writing? Business writing offers its unique challenges, and the good business writer understands the attributes that make for clear, direct, effective (even powerful) communication to busy people in the business world.

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    You may have taken English or creative writing in college, but do the skills learned in those classes transfer to business writing?  Business writing offers its unique challenges, and the good business writer understands the attributes that make for clear, direct, effective (even powerful) communication to busy people in the business world. This presentation focuses on these attributes. The viewer who adopts even a few of the style changes it suggests will, without a doubt, improve his or her writing skills—and soon begin to reap the benefits of becoming a good business writer.  After successful completion of this learning module the student will understand the importance of using fewer and smaller words; the benefit of using fresh thinking, imagination and original, clear language; the importance of not using slang, “techspeak” or buzzwords; the 7 Cs of Good Writing; the use of chunking to organize thoughts; the importance of using the active voice and the Fog Index.

    Speaker Bio:

    After a 30-year career in marketing and advertising in the financial services industry, Patti Lodato “retired” to become Executive-in-Residence in the Schroeder Family School of Business Administration at the University of Evansville in Evansville, Indiana. In this position she helps students learn how to write for business; plus, she serves as an adjunct instructor at the university. In addition, Patti has conducted workshops for NACM CFDD members in Evansville and Jasper, Indiana.  Through her consulting firm—Writing Matters, Etc.—she conducts business writing workshops and 1:1 coaching sessions for businesspeople who wish to improve their writing skills. Patti has a bachelor’s degree from the University of Evansville and a master’s degree from Indiana University. 

  • Battle of the Forms (Part of Commercial Construction Credit Specialist)

    Contains 4 Component(s), Includes Credits

    How do you win the “Battle of the Forms” in a Uniform Commercial Code sale of goods? This presentation will answer these questions to help you navigate the “Battle of the Forms”.

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    You have learned the importance of having good contract and credit terms with every customer.  In today’s world, electronic and facsimile mail is sent back and forth between you and your customer, discussing a sale of goods.  What if nothing is ever signed?   When do you have an enforceable contract?   Will the terms in your quote or the terms in the customer’s purchase order control, when they are in conflict?  How do you win the “Battle of the Forms” in a Uniform Commercial Code sale of goods?  This presentation will answer these questions to help you navigate the “Battle of the Forms”.   After successful completion of this learning module, the student will understand the different contract forms, the Mirror Image Rule, Acceptance, Confirmation, the Forum Selection Clause, Notice and Opportunity to Cure, Exclusion of Express and Implied Warranties and Limitation of Liability.

    Speaker Bio:

    James Fullerton is a graduate of the University of Colorado and the University of Virginia School of Law.  He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton & Knowles, P.C.  The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region.  He also represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues, including contract formation and disputes, defects in labor and materials, impact and delay claims, as well as doing litigation, arbitration and mediation in public and private projects. 

  • Payment Bonds (Part of Commercial Construction Credit Specialist)

    Contains 4 Component(s), Includes Credits

    How can your company quote a project without knowing whether you are a secured creditor or unsecured? The most important question never asked is whether a project is bonded. When can you be confident that a project is bonded?

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    How can your company quote a project without knowing whether you are a secured creditor or unsecured? , The most important question never asked is whether a project is bonded. , When can you be confident that a project is bonded? , How do you obtain a copy of the bond? , What information do you need to collect to determine whether your company is secured? , Who is protected under a bond and how do you preserve rights? , Can you ever recover your costs of collection under a bond? , Can you accidentally waive your rights in your contract or in progress payment waivers? , How do you motivate a surety company to promptly pay claims? , This payment bond session will answer these questions and provide an overview of the federal Miller Act, the state Little Miller Acts and Private Bonds. , After successful completion of this module the student will understand how to determine if a payment is bonded, protections under a bond, waiving rights in a contract or in a progress payment waiver, the federal Miller Act, the state Little Miller Acts and Private bonds.

    Speaker Bio:

    James Fullerton. Jim is a graduate of the University of Colorado and the University of Virginia School of Law. , He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton &, Knowles, P.C. , The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic

  • Dispute Resolution (Part of Commercial Construction Credit Specialist)

    Contains 4 Component(s), Includes Credits

    What are the procedures and advantages of Litigation, Mediation and Arbitration? When are Arbitration clauses enforceable? When is Mediation a worthwhile use of time and money? What is Alternative Dispute Resolution or ADR?

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    What are the procedures and advantages of Litigation, Mediation and Arbitration?  When are Arbitration clauses enforceable?  When is Mediation a worthwhile use of time and money?   What is Alternative Dispute Resolution or ADR?  

    Learn about Dispute Resolution Procedures in contracts and in the law.  Use the correct procedures to preserve rights to payment, speed up claims and lower the costs of claims.  

    Learn how to navigate Administrative Claims procedures in Federal and State Public Procurement contracts.   You must understand Conduit Clauses, Change Orders and Claims Procedures to protect yourself from back charge or deductive claims and also to receive additional compensation for delay, design defects or changes on a project.  

    Speaker Bio:

    James Fullerton is a graduate of the University of Colorado and the University of Virginia School of Law.  He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton & Knowles, P.C.  The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region.  He also represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues, including contract formation and disputes, defects in labor and materials, impact and delay claims, as well as doing litigation, arbitration and mediation in public and private projects.