NACM ALL-SOUTH 2017 | Education Topics & Speakers

All South 2017


A LITTLE SAND BETWEEN THE TOES....TAKES AWAY THE CREDIT WOES.



Hosted by NACM Tampa

Education Topics & Speakers

Keynote Speaker

NACM Tampa is proud to announce Kostya Kimlat will be our Keynote Speaker


Mr. Kimlat will be speaking on "Think Like a Magician"


Discover the secrets of perception that master magicians have been using for centuries. Learn powerful principles of communication that will transform the way others perceive you and your business.

Kostya Kimlat is known as “the business magician” — a world-renowned speaker, entertainer and author of the forthcoming book, Think Like A Magician. Kostya has presented his sophisticated brand of magic for thinking audiences in over 200 cities on 5 continents.


In 2006, Kostya was the youngest magician to appear on the cover of MAGIC Magazine — a leading industry publication. As an entrepreneur, Kostya founded See Magic Live, which trains and books magicians for events across the country. His company’s local team has served as the magicians for the NBA’s Orlando Magic since 2010. On stage, for corporations like NASA and GE, Kostya unravels centuries old principles of perception and secrets of communication, empowering people to be more effective in their business and every day lives.  Most recently he amazed the famous Vegas duo, Penn & Teller, on their hit CW TV show, “Penn and Teller: Fool Us.”



**Tuesday's Luncheon Speaker**


Dr. Nair will be bringing copies of his book for purchase and will be doing a book signing.

Ranjit Nair Ph.D., Founder, CEO of Potluck Culture LLC


Developing Emotionally Intelligent Teams


Developing and harnessing the emotional intelligence of your team is essential to win, thrive and win again for any organization, institute or company. By 2020, 50% of workforces will be made up of Millennials and even more unprecedented is that these workforces will have 5 different generations working under the same roof. It is indisputable that we all want to see success and experience it because we all want to perform well. The cornerstone of such high performance is intelligent and good decision making. Therefore, to really and truly succeed time and time again, we must possess a high level of emotional intelligence (EQ). In this thought-provoking, interactive, high-engaging talk, Dr. Nair discusses the process of recognizing, managing, and appropriately leveraging emotions within yourself and with others.

  • What is Emotional Intelligence?
  • What it means to be emotionally literate
  • How can we identify the 7 emotions and 5 competencies of emotional intelligence?
  • How can we process ourselves and others through an emotional experience without getting stuck?
  • How can we become aware of our emotional “makeup” and the impact it has on our ability to influence others?
  • What can we do to minimize and eliminate negative emotions?
  • How do we build meaningful, lasting and fruitful relationships with safety and trust as the foundation?
  • Identify and unleash the 7 Ways to Create Emotionally Intelligent Teams

Monday, September 18th Guest Speakers

Gregg Hutt, Shareholder with Trenam Law


Government Receivables/Miller Act


Government property is not subject to liens. Thus, there are no lien rights to protect suppliers on federal or state public projects. Rather, suppliers to public projects must seek payment protection under a public payment bond known as a Miller Act or Little Miller Act bond. This presentation will discuss Miller Act bond protection, the application of the Act, potential alternatives to the Act, how to perfect a Miller Act payment bond claim, and some contractual issues affecting payment under a public payment bond.




Wanda Borges, Esq., Principal Member of Borges & Associates LLC


Tricks and Traps of Credit Applications


From the moment a potential customer approaches your company seeking credit and other terms, the diligent credit executive must be ever mindful of the multiple functions that can be performed by a well-drafted credit application. A credit application is not only a useful source of information for evaluating the prospect's credit, but also provides a wealth of information that can be used to collect your company's claim from a customer that later hits dire financial straits. This program has been created to highlight the tricks a credit executive can use to enhance its credit application, including the means by which a credit application can become a binding contract containing favorable terms and provisions to your company that can result in the ultimate recovery of your company's claim. The program will also focus on the impact of various laws, such as common law contract law, ECOA, FCRA, the UCC and what traps are waiting to snare the unwitting credit executive.




Diana Crowe, Manager, Business Development with IAB Solutions LLC


The Game of Dispute Resolution


Our customers are throwing more and more curve balls at us every day. What are some of the ways we can get all of our team out of spring training and playing at their best on the field in order to bring home a win for our organizations? In this session, we will discuss how we can adjust the way we look at the game of dispute/deduction resolution and review strategies to help us make it through the 7th inning stretch. What are some of the obstacles that stand in our way and what can we do to strengthen our position on the field?




Nancy Laine, Co-Founder & President of Project Transition USA


“Linked-IN for Credit Managers: Connecting World Leaders with Worldwide Opportunities”


After attending these two informative talks, you will know more than 98% of the 450+ Million professionals on LinkedIN -- by far the wealthiest, most influential online business community today. This will be a huge advantage whether your goal is to enhance your credibility as an expert in your field, find a rewarding new career, or attract top-notch talent as an employer.




Tom Berdan Chief Marketing Officer DadeSystems


Blueprint for Success: Improving cash flow and customer service while reducing costs with AR Automation


The customer is always right, at least in how we accept their payments. But that mix of payments and channels are more complicated today. Learn how to overcome these challenges from the experts at DadeSystems and how to transform your order-to-cash application processing to reduce costs, improve cash flow and provide new services. In this session, you will learn;

  • The changing dynamics of the payments landscape
  • How to improve efficiency by automating your order-to-cash application process
  • How to capture payments in the field using mobile technology including cash, checks, and the remittance payment information



Brian Jackiw and Tom Fawkes, Goldstein & McClintock, LLLP


Social Media for the Credit Professional: Benefits and Pitfalls


The rise of social media as a tool for communication, information sharing and entertainment over the past five years has been nothing short of breathtaking, and businesses have embraced social media as a sales tool, particularly in the business-to-consumer segment. While many consider social media to be the exclusive province of the sales department, that viewpoint overlooks the multitude of benefits that social media savvy can bring to the credit professional.

This presentation will focus on the most common benefits of social media, as well as several potential legal pitfalls that, if not appropriately addressed upfront, can result in substantial legal liability to your enterprise.






Gina Calabrese-Sylvester CMP, CGA Executive Vice President of NACM Tampa & Phillip J. Lattanzio, CCE President and Chief Operating Officer of NACM Connect


The NACM Database & Portfolio Risk Analysis: Validate Your Process & Prove Your Value


NACM’s revamped tool, the Portfolio Risk Analysis, is one of the best ways to benchmark your performance. Easily compare your risk class distribution against your industry group, your industry and the entire participating NACM member base. Find out how to use this valuable tool to better target risk, improve your relationship with sales, reduce delinquency, and even share with upper management how well your organization is performing. During the session we will also review other tools: Account Monitor Service, Non-Member Credit Reference, Trade Profile Report, Industry Analysis Report and more. We will provide insight into how this unique member-owned database has grown as well as where we are headed. Join us and your fellow NACM members to learn more about these time-saving features and other enhancements.




Jerry M. Martin, Attorney with the Law Office of Jerry M. Martin


Show Me the Money


Closing the sale, while important, is not the end of a transaction. No business can survive without the timely and efficient collection of its accounts. The focus on collecting accounts cannot wait until those accounts are past due. Effective collection starts with the proper vetting of customers and obtaining the necessary paperwork before the first good is sold or service is provided. Learn about the types of customers to avoid and effective provisions, terms and conditions in credit applications.




John H. Dannecker, Esq., Shutts & Bowen LLP & Brent C. Bell, Esq., Shutts & Bowen LLP


Negotiating Terms: Are your customers pushing back too far? Fight back!


This interactive discussion will highlight various areas of negotiations on credit, contractual, delivery and related terms that are often hotly contested. We will discuss pre-dispute contractual considerations, including personal guaranty overview, warranty disclaimers, purchase order dispute (sometimes called the Battle of the Forms), successor entities, assignability, credit limits, actual vs. apparent authority to enter into contracts. We will also discuss various contractual provisions to avoid or at least only knowingly include such as: pay when paid, indemnity, change order requirements, liquidated damages, incorporation of related contracts/provisions, releases, dispute resolution, and product performance. Finally, we will turn our discussion to post default issues, including: additional guarantors, enhanced finance rate, additional security, waiver of prior defenses, attorneys fees and costs, settlement stipulations and judgments upon default.


Personal Guaranties: Do it Right and Maximize Recovery!


This interactive discussion will focus on the various kinds of personal guaranties and then focus primarily on both common and unusual issues relative to personal guaranties. The issues presented and discussed in a non-lecture format will include, among others: capacity to enter into the personal guaranty contract, the statute of frauds, continuing guaranties, underlying credit agreement changes, alterations to the form of the guaranty, forgery, co-guarantors, collection issues (i.e. spouse necessary?), change in debtor status or business organization, revocation of guaranties, and personal jurisdiction over guarantors.




Robin Schauseil, President of NACM National & Chris Ring, National Sales Representative, NACM’s Secured Transaction Services



NACM National & Their Services


NACM National offers a variety of benefits and services to its membership. Some benefits are available open source, some require a username and password, and others are fee and/or subscription based. This session will showcase the free benefits of membership and how to find them, then we’ll cover the fee and subscription based services to see if they may benefit your company.











Tuesday, September 19th Guest Speakers


We will have an all-day Construction Lien Law Track with information on four states!


Michael Welch with The Law Offices of Michael Welch, P.C.


Maximizing Your Chances to Obtain Payment Through Lien and bond Claims in Georgia


It is essential to understand Georgia law to effectively protect your lien and bond rights in Georgia. All too often a lien or bond is the only way an unpaid supplier or subcontractor will ever be paid. Mr Welch's presentation will cover the essential steps to protect and perfect your lien and bond claims in Georgia. There are certain actions that are necessary to ensure that you can maintain a lien or bond claim in Georgia. This presentation will provide you with the knowledge necessary to maximize your chances to get paid on a problem project in Georgia.




Barry Kalmanson with Barry Kalmanson P.A.


Overview of Florida’s Construction Lien Law


  • I. General Scheme of Florida’s Construction Lien Law
  • II. Lienable Services & Materials
  • III. Who is Entitled to a Construction Lien in Florida?
  • IV. Compliance with Florida’s Construction Lien Law
  • V. Bonded Projects
  • VI. Release and Waivers of Lien
  • VII. Perfecting a Claim by Filing a Lawsuit
  • VIII. Recovery of Attorney’s Fees and Costs
  • IX. Disciplinary Action & Criminal Penalties


James R. Vann with Vann Attorneys at Law


North Carolina Lien Law Update


Knowing how to protect your lien rights is an important aspect of getting paid. We will discuss the changes to the North Carolina Lien Law, case law which clarifies your rights and 3 take-away idea to apply to your business today regarding lien rights.





Jerry M. Martin, Attorney with the Law Office of Jerry M. Martin


Tennessee Lien Law


Tennessee lien law is fraught with dangers, toils and snares. There are numerous notice requirements and strict deadlines by which those notices must be promptly served. This session will focus on the two prime reasons that cause contractors and suppliers to lose their lien rights. Failure to timely serve a notice of nonpayment or to timely respond to a notice of completion will leave a contractor or supplier without any recourse to utilize the lien law to collect the monies rightfully owed them. The Tennessee lien law can be an effective tool for collection of accounts, if used properly.




James R. Vann with Vann Attorneys at Law


Personal and Professional Development Strategies


Discover how to create and set achievable personal and professional goals to improve the life you’ve always wanted. We will discuss 5 steps to improve your quality of life as you work to achieve your goals.





Jonathan Feldman, CFA with Perlman Bajandas Yevoli & Albright, P.L.


Complex Collection Efforts


Obtaining a judgment against a defaulting customer and collecting upon that judgment are two different things. Collection can become a difficult and expensive process. The program will briefly review the judgment collection process and discuss various strategies and when to employ them. Ultimately, understanding this process will help credit executives in underwriting existing and future deals.




Matt Fluegge, ETA, CPP - Executive Consultant/National B2B Sales Manager/NACM-UTA Credit Card Acceptance Program with Vantiv


Credit Card Surcharge Rules and Fee Reductions


Credit card acceptance and substantial fees have become common making it important for B2B merchants to evaluate their credit card acceptance program. This presentation will…

  • Review the credit card networks’ surcharge rules
  • Discuss how merchants can surcharge in compliance with the network rules
  • Explain how B2B merchants can significantly reduce their credit card processing fees whether surcharging or not


Bruce S. Nathan,Esq. Partner with Lowenstein Sandler LLP


Spotting and Reacting to Warning Signs of Financially Distressed Customers: Dodging the Bankruptcy Bullet


Credit executives often deal with financially distressed customers at risk of bankruptcy sometime in the future and grapple with when they should be taking steps to manage and reduce exposure. This is particularly the case now with the risk of increased interest rates and when significant sectors of the U.S. economy, such as retail, are facing financial distress. This program will first cover the early warning signs characterizing troubled companies at risk of a future bankruptcy filing and the available sources of information from which credit executives can learn of these warning signs. Numerous examples will be discussed and recent case studies will be presented to show how all these warning signs accumulate and point toward the inevitable. There will also be a review of the questions to ask and information to obtain from what might be financially distressed private companies. Credit executives will then learn how they can use this information to negotiate for protection from the risk of nonpayment or otherwise utilize the multiple available legal and risk mitigation tools that would enable them to reduce or terminate terms and enhance the likelihood of payment of claims from struggling customers. Audience participation will be encouraged.




Diana Crowe, Manager, Business Development with IAB Solutions LLC


Bridging Communication Gaps


Everyone knows communication is important, essential even, to success in their job and personal lives. Understanding and closing the gap between WHAT we say and HOW we say it, contributes to our overall effectiveness when we interact with others. We’ll also discuss tips and challenges of bridging the gap between “modern” personal methods (texting, Twitter, Facebook) to “old school” professional (letters, emails, presentations, reporting.)




Brian Jackiw and Tom Fawkes, Goldstein & McClintock, LLLP


Social Media for the Credit Professional: Benefits and Pitfalls


The rise of social media as a tool for communication, information sharing and entertainment over the past five years has been nothing short of breathtaking, and businesses have embraced social media as a sales tool, particularly in the business-to-consumer segment. While many consider social media to be the exclusive province of the sales department, that viewpoint overlooks the multitude of benefits that social media savvy can bring to the credit professional. This presentation will focus on the most common benefits of social media, as well as several potential legal pitfalls that, if not appropriately addressed upfront, can result in substantial legal liability to your enterprise.






Jay Snyder, CCE, ICCE Vice President, Credit – The Americas with Tech Data Corporation


Credit Department Metrics


DSO, BPDSO, ADD, CEI…..what an alphabet soup!! As credit folk, we often live and die by our metrics…but, are they all really that useful, and do they tell the ‘whole’ story. Join this roundtable to take a look at credit/collection metrics. We hope you come and be willing to share some of the metrics you use or don’t use, and why. This will be a working session designed to bring some light on old standby collections measurements, and maybe you’ll even learn some new ones! We will also discuss management reporting and how to incorporate metrics to tell the correct story of what is going on in your department.




Jeff Baughman, Owner of Baughman Law


E-Contracts/E-Signatures


Electronic contracts and electronic signatures are rapidly replacing paper contracts that are signed in ink. However, preparing, using, and maintaining e-contracts and e-signatures can be complicated for many businesses. Join Jeff Baughman to learn what constitutes a binding electronic contract and a valid electronic signature. Mr. Baughman also discusses the treatment of “click-wrap’, “shrink-wrap”, and “browse-wrap” terms and how to create best practices to ensure the proper use of this new technology.


Program Highlights:

  • Essential elements of electronic contracts
  • Contracts that must be on paper
  • Requirements for a valid electronic signature
  • Strategies for ensuring, or for challenging, the validity of electronic signatures
  • Considerations for credit applications
  • Effect on personal guaranties
  • “Click-wrap”, “shrink-wrap”, and “browse-wrap” agreements
  • Developing best practices for your business




David Anderson, Member Relations with FCIB - International Credit


Global Credit & Collections Trends


As more companies are beginning to “stretch out” into global sales, credit professionals find themselves stepping into uncharted territory. What do you need to know when selling into a country for the first time? Should you be offering terms to your customers? Are others selling into the country experiencing increased payment delays? Are their customers struggling with political instability or currency shortages? What you don’t know can hurt you. Drawing on FCIB resources and the monthly International Credit & Collections Survey, this session highlights political and economic risks in the some of the world’s fastest growing economies.




Bob O’Brien, Global Partnerships & Alliances with D&B


Turning Your Credit Department into a Proactive vs Reactive Part of the Company


The session will focus on utilizing Portfolio Analytics to help Credit become a key part of the Company's Strategic direction for acquiring new business and also to help the Credit department become proactive in Risk as it pertains to their existing customers. We will focus on how to utilize predictive scoring to know where the risk is and how to create processes that will ensure moving forward that risk is found early.




Panel Discussion

The Honorable Catherine Peek McEwen, United States Bankruptcy Judge, Middle District of Florida - Tampa Division


Wanda Borges, Esq., Principal Member of Borges & Associates LLC


Bruce S. Nathan,Esq. Partner with Lowenstein Sandler LLP


Bankruptcy: A View from the Bench and the Bar


Twelve years have elapsed since the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) which introduced extensive changes to the Bankruptcy Code. Since then, practitioners have tackled a myriad of issues where debtors and creditors have sought to obtain rulings in their respective favors.

The speakers will first discuss the risk of doing business with a debtor in chapter 11 that has not obtained bankruptcy court approval of financing or use of the cash proceeds of a secured lender’s collateral as a result of the 11th Circuit Court of Appeals decision in the Delco Oil case. There will also be a discussion of the significant rulings on goods sellers’ reclamation rights, priority claims for the value of the goods a debtor had received within 20 days of bankruptcy, and defenses to preference claims. The issues arising with respect to involuntary bankruptcy petitions and the pro’s and con’s of joining in an involuntary petition will also be discussed.

The speakers will then discuss the Midland Funding vs Johnson case, where the United States Supreme Court will be deciding whether a debt collector violates the Fair Debt Collection Practices Act by filing a proof of claim for an unenforceable claim based on the passage of the statute of limitations. Next, the speakers will tackle the recent litigation over consignment claims in the Sports Authority chapter 11 case. The speakers will also discuss the impact of the local Bankruptcy Court rules on trade creditor rights, such as the ability to be approved as a critical vendor, as well as other hot issues of interest to trade creditors. This session promises to be lively, and participation from the audience will be encouraged.



CEUs

Most sessions carry CEUs (continuing education units) assigned and tracked by NACM’s National Education Department. CEUs become part of an attending participant’s scholastic record which is maintained at national headquarters. NACM will provide a set of CEU earning barcode labels to each fully registered participant at registration. The labels will be placed by participants on a sheet that the room monitor will have. By placing their label on the session sheet, participants will receive the CEUs earned for that session.


If you attend the entire conference, you will earn 11 hours of CEUs! For more information on NACM’s Certification Program, please go to: http://nacm.org/certification.html

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