Handouts available for sessions that have this symbol
Monday, May 19, 2008
2:00–5:00pm
Industry Day sessions are valid for .25 CEUs, 3 CPEs and CCE Recertification Points.
Industry Day Sessions are designed for attendees to gather and network
by like industries. Please note that these are not “closed” group meetings
(unless indicated), and anyone is welcome to attend any of these sessions
should the topic and/or speaker be of interest.
16021. Advertising/Media
Issues relevant to the advertising and media industry will be discussed in
this session that is sure to give you insight into what credit professionals
need to know.
16022. Agri-Business
How much do you really know about the products of your industry? “Fertilizers and Modern Agriculture: Get the Facts” from Dr. Jay Lehr,
senior scientist, Environmental Education Enterprises, Inc. and members
of The Fertilizer Institute (TFI) will bring you the Best of Fertile Minds
and educate you on the benefits of fertilizers and modern agriculture.“Tackling Today’s Credit Challenges with Emerging Technologies,” Jeff
Parisi, VP customer solutions for eCredit, provides an overview of the
new technologies and tools available to credit managers today. Attendees
will leave with a clear understanding of the ways in which the credit
profession is changing, and how emerging technologies can help credit
managers tackle today’s challenges. “Benefits of Statistical-Based
Portfolio Scoring” by Sam Fensterstock, director of business development
for PredictiveMetrics, will demonstrate the benefits of implementing
statistical-based portfolio scoring. Automate many risk decisions, reduce
operating costs and overall portfolio risk and increase credit and
collection department productivity.
16023. Apparel/Footwear
This interactive presentation, “The Revenge of the Trade Creditors”, will
explore what trade creditors in the apparel industry can do to prevent or
reduce the risk of abuse by financially distressed customers as well as
their officers, directors and shareholders. The presentation will focus on
remedies available to trade creditors both outside and inside of bankruptcy.
As the program continues, it will explore ways in which your
receivables portfolio can be diluted without your knowledge, even to the
extent of unwilling involvement in fraud. This portion of the presentation
will discuss “soft marketing dollars” and the settlement through
receivables credit, volume rebates, side agreements, unstated rights of
return or set-off and other timely issues you should keep in mind as you
sign off that the accounts receivable balance is correct and valid. The third and final portion of this program will highlight preferences and
fraudulent transfers. It covers the blocking and tackling of minimizing your
company’s preference and fraudulent transfer exposure. This practical
information touches on the following: minimizing your company’s
exposure when selling to a distressed customer, how to decrease — and
not increase—your company’s exposure after your customer files
bankruptcy and how to assess and challenge claims on the front end.
16024. Building/Construction
Harriet C. Isenberg, attorney at law and founding partner of Isenberg &
Hewitt, P.C., will give a presentation on “Perfecting the Personal
Guarantee.” This presentation will illustrate how to properly review the
wording on our credit application to insure you will have recourse against
the personal guarantor. Thomas P. Hirsch, a managing director of the
Global Wealth Management Department of Merrill Lynch, will go on to
discuss the “Economic Forecast of the Construction Industry in the
Coming Economic Year.”
16025. Drugs/Cosmetics/Pharmaceuticals
Join this group for an informative session in which Bruce Nathan Esq. of Lowenstein Sandler, PC covers current issues in bankruptcy. Then, Steve Hatala, Director of Credit for Novartis Pharmaceuticals, will give an overview of best practices for deduction reconciliation and benchmarking.
16026. Electrical Wholesalers & Distributors
Most credit executives know the definition of a preference and many
credit executives are confident in their ability to successfully defeat a
preference claim. Some creditors are not quite sure what the defense of“new value” really means. All creditors want to argue that their transaction
was absolutely ordinary, but is it? While BAPCPA may have made a credit
executive’s job of defending a preference easier, there are still traps in
preference defenses of which a creditor must be aware. In this session,
Wanda Borges, Esq. will concentrate on some of the legal issues that are
encountered by creditors in fighting a preference action and some pitfalls
to avoid in pre-bankruptcy debt control.
16027. Food
Ken Green, President of IAB Solutions, LLC whose company works with suppliers to manage and resolve deductions will discuss Deduction Update 2008: Are They Manageable? Review benchmark statistics, identify trends in customer claims and learn strategies for process, control and management . Then Bruce Nathan, Esq. and Scott Cargill, Esq. of Lowenstein Sandler PC will review the Interstate Bakeries Chapter 11 Bankruptcy Case. Hear an overview of the reorganization efforts of Kansas City based Interstate Bakeries Corporation, the maker of such widely recognized products as Wonder bread and Hostess snack cakes. Bruce Nathan and Scott Cargill represent the Official Committee of Unsecured Creditors in Interstate's bankruptcy case. Interstate has been operating under bankruptcy protection for over three years and has faced significant challenges as it attempts to emerge as a reorganized business. This includes the treatment of secured and unsecured claims, obtaining exit financing, attempted modifications to collective bargaining agreements, the tightening of credit markets, soaring commodity prices, and disputes concerning whether individual debtor companies should be consolidated for purposes of a plan of reorganization. There will be a discussion of the current status of the case based on public information, plus an update on the status of preference claims and related issues. There will also be a discussion of how sellers of goods have fared on their administrative priority claim for goods delivered within 20 days of bankruptcy in the Buffets Holdings, Wornick Company, Nellson-Nutraceutical Chapter 11's and other cases, compared to the less favorable treatment of reclamation claims, and other court decisions that have dealt with 20-day priority claims.
16028. International
Bernard McGough, director of credit and international trade finance for
American Safety Razor Company, examines international financing in
preparation for export transactions as well as exporting of products,
strategic planning and positioning a product in the international marketplace.
He will go on to review the pros and cons of a centralized versus decentralized
credit function. Bernie will then present a “what-if discussion”
of currency evaluation/devaluation and how it may affect global pricing.
16029. Metals
Scott Friedman of Avenue Capital in New York begins the program by
assessing the risk in private-equity takeovers. The second part of the
session gives participants the opportunity to take part in a roundtable
discussion focusing on managing the challenge of extended terms.
16031. Publishing
Any merchant who accepts Visa, MasterCard, American Express, Discover, or JCB branded cards must comply with the Payment Card Industry (PCI) security standards. David Wallace, Group Manager for Security Standards Compliance at Chase Paymentech Solutions, will discuss the body of Payment Card Industry standards, their relationship to individual payment brand security programs, and provide general information on the PCI compliance process. An update on recent forensics findings at compromised merchants will be included, along with additional resources available to organizations making their way towards PCI standards compliance.
16032. Wholesale/Distribution
With SOX’s fifth anniversary upon us, Scott Blakeley, Esq. of Blakeley &
Blakeley, LLP addresses how the law is affecting credit professionals
employed by public companies. What difference does the newly
disclosed financial information make to the credit professional’s credit
analysis? Scott will explain the responsibility of upstream certification
on credit professionals, including whether a credit professional must
certify monthly financial reports, their liability for certifying, what if they
are wrong, D&O policy and indemnification. The session will also
touch on the duties of the credit professional to disclose fraud under
SOX, whistleblower protection, confidential hotlines and disclosures.
The session will conclude with a review of email policy and document
retention, internal controls and procedures and the impact on the
credit department.
Please note that Industry Day topics and speakers are subject change based
on circumstances beyond NACM’s control. You may check back
for updates. Also, some Industry Day groups may opt to attend the Executive
Forum, rather than holding a separate group meeting.
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