Uniform Commercial Code Committee Meeting Minutes
2006 Winter Leadership Conference
The UCC Committee convened, in joint session with the Real Estate Committee, on Saturday, December 2, 2006, at the ABI Winter Leadership Conference in Scottsdale, Arizona. Co-chair Gary Norton made a brief appeal for contributions of ideas and articles for the Lien on Me column of the ABI Journal.
The remainder of the meeting involved a presentation by Leslie A. Berkoff, Esq. of Morit, Hock, Hamroff & Horowitz LLP, Garden City, NY and David D. Farrell, Esq. of Thompson Coburn LLP., St. Louis, MO on "Competing Rights of Secured Parties, Landlords & Equipment Lessors In Collateral & Fixtures In Real Estate Related Transactions." The meeting was well attended and the materials and presentation were excellent. There was substantial audience interaction.
2006 Annual Spring Meeting
The UCC Committee convened on Saturday, April 22, 2006, at the Annual Spring Meeting in Washington, D.C. This was a joint session with the Unsecured Trade Creditors Committee. Co-chair, Gary Norton, called the meeting to order and made a brief appeal for contributions of ideas and articles for the Lien On Me Column of the ABI Journal.
The remainder of the meeting involved a panel discussion on Bankruptcy Issues That Impact Trade Creditors in Automotive Cases.
2005 Winter Leadership Conference
The UCC Committee convened on Saturday, December 3, 2005, at the Winter Leadership Conference in Indiana Wells, California. Co-chair, Brent Cohen, called the meeting to order. Andrew Moratzka and Rob Charles led a discussion of Article 2A of the Uniform Commercial Code and how it interacts with bankruptcy law. Written materials prepared by Messrs. Moratzka and Charles were distributed.
After the presentation, Mark Bossi, outgoing co-chair, was recognized and thanked for his years of service on the committee. Incoming co-chair, Gary Norton, was introduced. A discussion ensued about the UCC Committee's commitment to submit articles for the Lien On Me Column of the ABI Journal. Also discussed were the Committee's obligation to produce a quarterly newsletter. Finally, ideas were solicited for enhanced communication among the membership through the use of a bulletin board, listserve or weblog. The co-chairs agreed to explore these alternatives and will seek assistance from committee members interested in helping out.
2004 Winter Leadership Conference
The Uniform Commercial Code Committee met on December 4, 2004, in conjunction with the Winter Leadership Conference at the Camelback Inn in Scottsdale, Ariz. The meeting was chaired by Mark V. Bossi. Approximately 40 members attended the meeting.
The principal program featured Gary A. Norton of Whitfield & Eddy PLC in Des Moines, Iowa; Wendy M. Hall of Bass, Berry & Sims PLC in Nashville, Tenn. and Sacha Ross of Berman & Norton Breman PA in Tampa, Florida. They presented a program on “Current Issues Under Revised UCC Article 9 Impacting Bankruptcy and Update on Revisions to ‘Other’ UCC Articles.” The program elicited an energetic discussion among those attending on various issues concerning Revised Article 9, particularly issues relating to UCC-1 filings against individual debtors and the various problems posed thereby.
In other business, the committee discussed the schedule for writing articles for the Lien on Me Column that appears in the ABI Journal and the distribution of the committee’s e-mail newsletter. Anyone interested in either of these projects should contact Mark Bossi or Brent Cohen, the committee co-chairs.
The committee is in the process of planning the agenda for its meeting in Washington, D.C. in April.
2004 Annual Spring Meeting
During the 2004 ABI Annual Spring Conference, the Uniform Commercial Code Committee held a joint meeting with the Technology and Telecom Committee. During the joint meeting, the committees held a panel discussion on the Uniform Computer Information Transaction Act (UCITA). UCITA was developed in order to update commercial law with respect to issues unique to computer and information transactions.
The panelists were Joel R. Wolfson from Blank Rome LLP in Washington, D.C., and Daniel DeMarco from Hahn Loeser & Parks LLP in Cleveland, Ohio. They discussed UCITA generally, the difficult drafting process, the controversy surrounding UCITA and UCITA’s interplay with the Bankruptcy Code. This discussion was very informative and for many in the audience, was their first exposure to UCITA, which certainly will have importance in our ever-changing technological world.
The Technology and Telecom Committee held a brief meeting following the UCITA discussion to address committee business. The committee is looking for volunteers for the following projects:
2003 Winter Leadership Conference
The committee met on Dec. 5, 2003. The meeting was co-chaired by Mark V. Bossi and Brent R. Cohen. Approximately 30 members attended.
The principal program featured John K. Pearson (Hinkle, Elkouri Law Firm L.L.C., Wichita, Kan.) and C. Scott Pryor (Regent University School of Law, Virginia Beach, Va.). They presented a program titled “Current Issues Under Revised Article 9—Which Law Applies (the Transition Rules)? Do the Liberalized Rules Regarding Financing Statements Make a Difference? When Is a Claim a Commercial Tort Claim? How Broad Is the Scope of Proceeds? What is the Time Frame for Perfecting an Enabling Loan?”
In other business, the committee discussed the progress of an Article 9 Primer, which has been a significant project of the committee during the last several years and will soon be ready for publication. The committee also discussed the schedule for writing articles for the “Lien on Me” column that appears in the ABI Journal and for the committee’s e-mail newsletter.
The committee is in the process of planning for its meeting in Washington, D.C., in April 2004. The committee will combine with the Technology and Telecommunications Committee to present a discussion on the Uniform Computer Information Transaction Act (UCITA), also known as Article 2B of the Uniform Commercial Code. The program will include a general description of the history and fundamentals of UCITA and the interaction between UCITA and the Bankruptcy Code.
2003 Annual Spring Meeting
The Uniform Commercial Code Committee met on April 12, 2003, at 8:00 a.m. in conjunction with the Annual Spring Meeting at The Grand Hyatt Hotel in Washington, D.C. The meeting was co-chaired by Mark V. Bossi and Brent R. Cohen. The principal program featured Brent Cohen of Rothgerber, Johnson & Lyons LLP in Denver and David Farrell of Thompson Coburn LLP in St. Louis, Mo. They presented a program entitled “On the Fringes of Article 9: A Discussion of Peculiar Issues Encountered Under the New Statute.”
In other business, the committee discussed several ongoing projects, including a primer on Article 9 and the committee’s monthly e-mail newsletter, in addition to a new project involving the publication of an Article 9 code booklet with selected case annotations. Anyone with an interest in becoming involved with the committee should contact either Mr. Bossi or Mr. Cohen.
2002 Winter Leadership Conference
The Uniform Commercial Code Committee met on Dec. 7, 2002, at 8:00 a.m. in conjunction with the Winter Leadership Conference at the Westin La Paloma Resort in Tuscon, Ariz. The meeting was co-chaired by Mark V. Bossi and Brent R. Cohen. Approximately 35 members attended the meeting.
The principal program featured Joel R. Glucksman of Scarinci & Hollenbeck LLC in Secaucus, N.J., and Gary A. Norton of Whitfield & Eddy PLC in Des Moines, Iowa. They presented a program on “Revised Article 9—One Year Hence: How Courts Have Dealt with the New Law.” The program elicited a spirited discussion among those attending on various issues concerning Revised Article 9.
In other business, the committee discussed the progress on an Article 9 primer, which has been a significant project of the committee during the last several years, the schedule for writing articles for the Lien on Me Column that appears in the ABI Journal and the scheduling and preparation of the committee’s upcoming monthly e-mail newsletter. Brent Cohen has agreed to take primary responsibility for the completion of the Article 9 primer, and Mark Bossi is coordinating the Lien on Me Column and the e-mail newsletter. Anyone interested in these projects should contact either Mr. Cohen or Mr. Bossi.
The committee is in the process of planning the agenda for its meeting in Washington, D.C., in April.
2002 Annual Spring Meeting
The UCC Committee program—Revised Article 9: Beyond the Basics—focused on various issues pertaining to Revised UCC Article 9 including transition issues, legal opinions and search logic issues. The panelists were Hon John J. Pearson, Wichita, KS, Dean G. Rallis, Jr., Los Angeles, CA, Andrew P. Strehle, Boston, MA and Steven O. Weise, Los Angeles, CA.
The Committee also discussed the progress of several current projects, including a Primer on Revised UCC Article 9, opportunities for committee members to write for the Lien on Me column in the ABI Journal and the use of the new UCC Committee Listserv.
2000 Winter Leadership Conference
The educational portion of the meeting consisted of a program entitled “Security Interests in Domain Names and Other Cyberspace Assets” presented by Bent Cohen, Denver, Colo., and Tom Laue, Chicago, Ill.
In other business, the Committee discussed the progress of several current projects, including the Committee’s primary project, which is the preparation and publication of a primer on Revised Article 9. The primer is currently being edited and is expected to be completed and ready for publication by the summer of 2001.
2000 Annual Spring Meeting
The committee discussed the progress of several current projects, including the preparation of a Primer on Revised UCC Article 9. A first draft of the Primer has been prepared and is currently being edited.
The committee also considered writing a regular column on UCC issues for the ABI Journal. This will to be discussed further at a later date.
Joel Glucksman presented an update on the perfection of security interests in intellectual property, particularly the series of Ninth Circuit cases involving copyrights.
Mark Bossi presented a paper on the Transition Rules under Revised UCC Article 9 and the Committee discussed the potential consequences if all of the states do not adopt Revised Article 9 before the July 1, 2001 proposed effective date.