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
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:
- Drafting short articles for the e-letter.
- Working on the Technology Handbook.
- Developing educational programs for future meetings.
Please contact Joel
Levitin at (212) 698-3558 or Nancy Peterman at (312) 456-8410
if you are interested in becoming more involved in the committee.
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
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.
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,
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
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.