2012 New Releases Catalogue December - Learningemall.com

PREVENTING MORTGAGEFORECLOSURE RESCUESCAMS: HOW LAWYERSCAN AVOID ETHICAL /LICENSURECOMPLICATIONSBy Mary Alestra, David Berenbaum,Yolanda McGill, James Reilly Dolan,Rutledge SimmonsUnprecedented numbers of homeownersare at risk of foreclosure and desperate tosave their homes. Unfortunately,unscrupulous loan modificationconsultants and purveyors of similarservices are preying on thesehomeowners. All too often, and withincreasing frequency lawyers, whetherwittingly or unwittingly, are engaging inscamming activity by offering servicesdirectly to the homeowner or partneringwith ill-intentioned loan modificationconsultants. Don't be a part of the problemand put your law license at risk.Come learn about actual examples oflawyers being prosecuted for scam activityand the professional conduct implicationsfor lawyers partnering with loanmodification consultants or similar outfits.Learn how lawyers can serve clientsresponsibly and avoid the aforementionedrisks.Item no. : RZ11200327Format : CD-ROM (Win)Duration : 90 minutesCopyright : 2012Price : USD 150.00PURSUING ANDDEFENDING ALLEGEDFRAUDULENT TRANSFERS:A PRACTICAL GUIDEThis audio CD-ROM features a discussionof the practical aspects of litigatingfraudulent transfer/conveyance actionsand brings the perspective of both anexperienced litigator and a financial expertin valuation and solvency. Our expertpanel draws examples from theirrespective practices as they discuss bothlegal and financial challenges in identifying,proving, and ultimately unwindingfraudulent transfers as well as providingguidance in defense of alleged fraudulenttransfers. The discussion also focuses onthe interplay between counsel and anexpert witness in the analysis and litigationof fraudulent transfers.Item no. : NA11200569Format : CD-ROM (Win)Duration : 90 MinutesCopyright : 2012Price : USD 150.00REPRESENTING VICTIMSOF FINANCIAL FRAUD INIASSET FORFEITURE ANDBANKRUPTCYPROCEEDINGSBy Karen M. Gebbia, John W. Kozyak,Sarah N WellingPonzi schemes, securities fraud,investment scams . . . the creative consare nearly endless. When fraudulentfinancial schemes collapse, creditors andvictims have two primary objectives: (i)recover as much of their losses aspossible, and (ii) avoid paying back, orlosing additional assets or collateral to agovernment forfeiture action, bankruptcy,or SIPA (Securities Investor Protection Act)trustee's "claw back" proceeding.In this program, experts in white collarcrime, asset forfeiture, and bankruptcy willprovide both a primer and a review of thelatest cases and developmentsconcerning:Asset forfeiture, from the victim'sperspectiveAsserting claims against fraud victims'recovery program funds (such asVARP-Victim Asset RecoveryProgram), and in bankruptcy court Defending against governmentalefforts to forfeit your client's assets orcollateral, and trustees' efforts to"claw back" payments your clientreceived before the scheme collapsedNavigating the intersections betweenthe multiple civil, criminal, regulatoryand bankruptcy proceedings thatcharacterize failed financial fraudsItem no. : ML11200331Format : CD-ROM (Win)Duration : 60 minutesCopyright : 2012Price : USD 150.00REVISITING COMMERCIALREAL ESTATE REMEDIES INTROUBLING TIMESBy Monica K. Gilroy, Tanya D. MarshThis presentation will explore currenttrends in commercial real estate litigationand the effectiveness of typical remediesin that arena including:Remedies provisions in commercialpurchase sale agreements in light ofthe current economy and possibleinstability in the common law;Doctrines and legal principles behindthe remedies structures currently inuse, including specific contractlanguage examples; and Alternative and suggestedapproaches for provisions warrantinga change.The current economic crisis has created amyriad of legal and business problems forour clients and those they do businesswith. Some of those problems negativelyimpact their ability to meet contractualobligations and may lead to defaults onreal estate purchase agreements, leases,and financing arrangements. Lenders,servicers and investors have always foundthemselves in the state, federal andbankruptcy courts, defending aspects ofthe commercial real estate and lendingprocess. Current market conditions havechanged some aspects of this but not asmuch as one would think. The root of mostcommercial litigation in today's real estatelitigation world still relates to simpledefaults in commercial real estatetransactions and the commercial lendingwhich accompanies the same. Duringthese troubling times, attorneys are welladvised to rethink our traditional approachto the remedies provisions generally foundin standard commercial real estatecontracts.Item no. : NZ11200580Format : CD-ROM (Win)Duration : 90 minutesCopyright : 2011Price : USD 150.00SECURED TRANSACTIONS:REMEDIES,REASONABLENESS, ANDREAL WORLD LESSONSBy Kathy Cabral, Anthony R. Callobre,Teresa Wilton Harmon, Harold Lee, JamesC. SchulwolfMany security agreements specify theremedies available post-default. What if nosuch remedies are specified? Our firstsegment provides a roadmap of thestatutory rights and remedies availableunder Article 9, Part 6 regardless of theirinclusion in or omission from any givensecurity agreement.These include the right to collect on,repossess, sell, or dispose of collateral,and to retain the collateral in full or partialsatisfaction of debt. It also summarizes theobligations and standards of care to whichsecured parties must adhere and theeffects of secured party noncompliancewith such standards. Consideringdisposition of collateral in greater depth,our second segment considers theseeming simplicity of the relevant UCCtext provisions, but notes that bothcommentary and case law require a morenuanced approach. It considers the moreholistic application of the commercialreasonableness standard, appropriatecost-benefit analysis, consideration ofapplicable industry custom, and thechallenge of finding the balance betweendoing too little and doing too much, eitherof which could fail the "commerciallyreasonable" test.From this program you can expect to learnthe following: What remedies a secured party has,even if not provided in its securityagreement What are a secured party's________________________________________________________________________________________________________Learning Rendezvous LimitedEmail: inquiry@learningemall.com Websites: http://www.learningemall.com & http://www.learningemall.com.hk14