Carl Ciochon, Esq. is a partner in Wendel Rosen Black & Dean LLP’s litigation department 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. 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 2009-15.
Guarantor Liability 2017
Re-Broadcast on April 16, 2018
This program provides a survey of guarantor liability issues from the litigator’s perspective. It covers guaranty basics, as well as more advanced topics, such as assignment of guarantor rights and obligations, nonrecourse carve-outs, and the effect of state anti-deficiency laws. Guaranty issues are addressed from the perspective of both the creditor and the guarantor. The program’s particular focus is 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.
This course is co-sponsored by Wolters Kluwer.
Key topics to be discussed:
• The Basics of Suretyship and Guaranty
• Drafting an Effective and Enforceable Guaranty
• Defenses to Enforcement
• Recent Developments and Trends in the Law of Guaranty
Date / Time: April 16, 2018
• 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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Section I. Basics: The Nature of the Guaranty
Section II. Suretyship Defenses and their Waiver
Section III. Anti-Deficiency Considerations
Section IV. Negotiating and Drafting Guaranty Agreements
Section V. Recourse vs. Nonrecourse Financing and Nonrecourse Carve-Outs
Section VI. Guaranty Enforcement and Litigation