Friday, Nov. 6
Cyber Update: Email Fraud and False Wire or ACH Instructions
John C. Cleary, Shareholder
8:40 – 9:40 a.m.
Cybercriminals are constantly adapting their illicit schemes. This program overviews recent developments and addresses the diligence required by banks to manage risk when presented with digital fraud in communications and payments.
COVID 19 and Force Majeure, Impossibility of Performance, Frustration of Purpose
Sharon R. Markowitz, Partner
9:50 – 10:20 a.m.
This session provides an overview of force majeure and the doctrines of impracticability and frustration of purpose. Discussion will address when COVID-19 and related circumstances do or do not excuse you or a counterparty from performing contractual obligations, as well as how you should be drafting force majeure provisions in the future in light of the ongoing pandemic.
Making the Right Move at the Right Time: Key Strategic Decisions for Distressed Commercial Loans
Michael D. Fielding, Partner
10:30 – 11:40 a.m.
Far too often, lenders proverbially throw up their hands in frustration saying each distressed loan is unique and must be addressed accordingly. But just as the rigorous approach of sabermetrics revolutionized professional baseball, so too a rigorous analysis of distressed commercial loans can provide key guidance for how lenders should “manage the game” in critical situations. Combining academic research with the perspective of an in-the-trenches practitioner, this presentation will discuss a structured framework for dealing with distressed commercial and agricultural loans. In particular, as time progresses, distressed loans pass through certain “hinge points” — i.e., critical junctures at which the lender’s action (or lack thereof) has an oversized impact on the lender’s ultimate ability to collect on the loan. This presentation will address those hinge points and provide
guidance to better help lenders make the right decision at the right time to maximize their recovery.
Transaction - Acquisitions and Mergers - Legal Overview and Market Factors
Bob Wray, Esq., Managing Director
The Capital Corporation
11:50 a.m. – 12:30 p.m.
This presentation provides a high-level overview of how a bank sale transaction works and a brief discussion of the current and historical bank market. The session also features a high-level discussion of issues affecting the banking industry today and primary legal issues involved in a bank transaction agreement.
Friday, Nov. 13
Open for Business: Navigating Legal Hurdles as Missouri Rolls Out Medical Marijuana
Paul Cambridge, Partner
8:40 – 9:45 a.m.
With medical marijuana rolling out this fall in Missouri, this emerging industry is likely to see a shift, as well as new challenges and opportunities, for banks as they navigate the regulatory landscape at the state and federal level. Paul Cambridge will discuss the status of the medical marijuana industry and how the industry may interact with financial institutions. He will provide updates with respect to marijuana-related business customers, including BSA/AML obligations, lending to direct and indirect MRBs, and hemp/CBD issues. He also will share examples of the hurdles facing banks today related to MRB customers and best practices to help overcome these hurdles.
Washington, D.C., Update - Post-Election - 2021 Issues for Congresss and the Administration
Kyle J. Gilster, Office Managing Partner
10 – 10:50 a.m.
Each presidential and congressional election in the last few years has been historic. 2020 will be no exception and could even be seismic in its impact. How will this play for our country and for the banking industry in the next Congress and with the regulatory agencies? Kyle J. Gilster will offer his insights in this timely presentation.
Appellate Case Review – An Overview of Recent Decisions Affecting Missouri Bankers
Cheryl A. Kelly, Partner and Mike W. Bartolacci, Partner
Thompson Coburn LLP
11 a.m. – Noon
Each year, state and federal appellate court opinions impact how banks do or should do business. Sometimes the cases present colorful players or stories; other times the case reflects a matter that currently confronts your bank, too, or could. In any event, current cases demonstrate developing risks that bankers must manage to be successful.
Session Recording Available with All Access Pass Registration
Loan Accommodation, Restructuring, TDRs, Guidance and Practice
Scot J. Seabaugh, Partner
This discussion focuses on troubled debt restructurings and the short-term relief that granted changes to the treatment of TDRs in response to the COVID-19 pandemic. The discussion will include a review of how the CARES Act and interagency guidance statements that were issued earlier in the year affect banks, as well as what banks and their special assets/loan enforcement should consider.
HR Update - COVID Impact and Related Legal Considerations
Andrew B. Cripe, Shareholder
Human resources presents constant legal and regulatory developments affecting employers and employees. These developments overlay an employer’s existing policies and procedures, creating a complex compliance web. COVID and the federal, state and local responses have multiplied this activity. This program shares an overview of the most significant matters and 2020 legal considerations.
Paycheck Protection Program Updates: Loan Forgiveness and Changes in Control
Gerald Weidner, Partner
The Paycheck Protection Program was enacted as part of the CARES Act to provide financial assistance to small businesses adversely affected by the COVID-19 pandemic. Financial assistance was provided in the form of SBA guaranteed forgivable loans made by banks and other private lenders. The deadline for obtaining a PPP loan has now passed, and borrowers have spent, or will soon spend, their loan proceeds. Both lenders and borrowers are now focused on the loan forgiveness process, as well as merger and acquisition transactions involving PPP borrowers. This presentation will focus on merger and acquisition transactions involving PPP loan borrowers, including SBA guidance for approval of transactions and other timing and structural issues that lenders, borrowers and their counsel should consider. This presentation also will cover the loan forgiveness process and issues of concern to both lenders and borrowers.
For More Information
Contact the MBA Education Department at 573-636-8151 or email.