Guarantor Liability 101 [2019 Edition]


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

This program surveys issues relating to guaranty drafting, enforcement, and defense from the litigator’s perspective. It covers guaranty basics, as well as more advanced topics, such as assignments, nonrecourse carve-outs, and the applicability of state anti-deficiency laws. The program addresses these issues from the perspective of both the creditor and the guarantor. The presentation will focus on whether the creditor may enforce a guaranty in common factual scenarios and, correspondingly, the defenses that may be available to the guarantor. We will review commonly litigated guaranty issues, including validity of the guaranty agreement, suretyship defenses and their waiver, the continuing guaranty, irrevocable guaranties, assignments, the “sham guaranty” defense, and the interpretation and enforcement of nonrecourse carve-outs.

The course is designed to enable the legal practitioner to effectively represent clients in negotiating and drafting guaranties, advise clients on their guaranty rights and obligations, and – if necessary – litigate guaranty disputes to successful conclusion.

Key topics to be discussed:

•   Basics of Guaranty Law
•   Drafting an Effective and Enforceable Guaranty
•   Defenses to Enforcement
•   Litigating the Guaranty

Date / Time: July 17, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: February 25, 2019

Carl Ciochon, Esq. is a litigation partner at Wendel, Rosen, Black & Dean LLP and co chair of the firm’s real estate litigation group. Carl has a diverse background as a trial lawyer, with a particular focus on real estate matters and representations involving investment funds. As a real estate litigator, he regularly represents retail tenants, brokerage firms, developers, homebuilders, property managers, and purchasers and sellers of real property. Carl also has substantial experience in matters involving investment funds. He previously served as General Counsel to a $5 billion SEC Registered Investment Adviser and has represented fund managers and investors in all manner of proceedings, including litigation relating to fund investments, management, and performance. Carl speaks frequently on subjects relating to his practice.

Carl has served on the Executive Committee of the Alameda County Bar Association’s Trial Practice Section. Following law school, he clerked for the Hon. Richard M. Bilby, United States District Judge, District of Arizona. Carl is a competitive distance runner and completed seven consecutive Boston Marathons from 2009 – 2015.

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Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Guaranty Basics

Section II. The Suretyship Defenses and Waiver

Section III. Anti-Deficiency Considerations

Section IV. Negotiating & Drafting Guaranties

Section V. Enforcing the Guaranty and Defenses to Enforcement

Section VI. Guaranty Litigation