Tuesday, March 4th @ 12:00 NOON eastern time



AGENDA EBA Risk Management Committee Monthly CallWednesday, July 19th@ 12:00p-EasternCAPSULE –This is going to be an interesting presentation.. in both style and content –We will start out with Attorney Scott Deatherage delivering his presentation.. and then we’re going to have a panel discussion on lending and foreclosure challenges with Scott and several lenders including Kim Luu (Bank of Hope), Michael Cole (SunTrust Bank), and Bill Sloan (Commerce Bank). Send any questions you would like the group to address to DPF. Foreclosure and Underground Storage Tanks: A View from Texas (and elsewhere)Underground storage tanks can present particular challenges for lenders considering foreclosure. While some statutes may provide certain lender protections, underground storage tank statutes may not. Each state’s laws need to be consulted prior to foreclosure.? Consideration also should be given to potential tort claims for which there is likely no lender protection.? Finally, evaluation of environmental costs versus potential collateral value and net recovery are critical. Dial-in Number:? 712.432.0075 ?(Canadian callers:?Dial this access number first: 559.546.1400.. and then the number above)Access code: 880073#Un-/Mute: *6CALL TO ORDER:[[Welcome to the EBA Monthly Risk Management Call. Today is *Wednesday, July 19, 2017*. Dennis Firestone and Michael Cole are today’s hosts. This call is being recorded in lieu of Minutes. This call is intended for EBA members and invited guests only. Unauthorized use of the content is prohibited.]] ROLL-CALL:In lieu of a roll-call, please introduce yourself on the call (even if you are not a member) and then take a moment during the call to e-mail your name to dennis.firestone@ or use the button embedded in the Reminder sent 15 minutes prior to the call. ADMINISTRATIVE:Lisa Kraus Gardner / Nardone / Updates from EBA headquarters.OLD BUSINESS & TASK GROUP UPDATES:Audio-replays (mp3 format) for the past two months. Listen to the calls with one of several “fast-playback” Android and iOS Applets (Contact Dennis for recommendations):May – 105 lines. “Risk Management and Insurance Issues” Members Tony Lehnen of Gallagher, and Bill Alpine of ATC (nee ECS) dove right into questions the Risk Committee has been accumulating: Exposures & Risk Control for the Lender and Consultant; Insurance & Contractual Risk Allocation; Scope of Service Concerns; Standard of Care Cautions; Warranties & Guarantees; Email Risk Management; Documentation, Reports, and Reliance Letters; Liability Transfer Techniques; Insurance Types, Terms, and Concepts; Environmental Risk Profiles, Coverage, and Expectations; and Claims Examples, and Lessons Learned.Online Library & ResourcesJune – 101 lines. “A Review of Indemnity Agreements and Indemnity Provisions” The EBA Risk Management and Legal-Bank-Regulatory MDGs will hosted a joint call this month. Attorneys Pam Elkow of Carmody Torrance Sandak & Hennessey, and Carla Nelson of First Citizens Bank presented their EBA Risk Committee Tip Sheet, which is a timely update to a version Pam presented a few years ago. The Tip Sheet will be available to EBA members via download from the web site shortly. Membership edits to the Tip Sheet are requested.Online Library & ResourcesTask Groups / Updates: EBA Affiliate and Education Updates (Julie Kilgore and Jeri Massengill); Jeri is the new Chair of the EBA Education Task Force.ASTM 1527-13 (ESA)ASTM 2247-08 (Forest-Rural) 1903-11 (Phase II)ASTM 1528-14 (TSA) ASTM 2018-15 (PCA)ASTM 2557-16a 2026-16a (Seismic Risk / “PML”)Risk Media Re-Load to Website (Rita)NEW BUSINESS:Presentation:This is going to be an interesting presentation.. in both style and content –We will start out with Attorney Scott Deatherage delivering his presentation.. and then we’re going to have a panel discussion on lending and foreclosure challenges with Scott and several lenders including Kim Luu (Bank of Hope), Michael Cole (SunTrust Bank), and Bill Sloan (Commerce Bank). Send any questions you would like the group to address to DPF. Foreclosure and Underground Storage Tanks: A View from Texas (and elsewhere)Underground storage tanks can present particular challenges for lenders considering foreclosure. While some statutes may provide certain lender protections, underground storage tank statutes may not. Each state’s laws need to be consulted prior to foreclosure.? Consideration also should be given to potential tort claims for which there is likely no lender protection.? Finally, evaluation of environmental costs versus potential collateral value and net recovery are critical. ScottKimMichaelBillScott D. DeatherageS Deatherage Law, PLLCEnvironment.Energy.Water325 N. St. PaulSuite 3400Dallas, Texas ?75201Office: ?214-983-1218Mobile: ?214-356-0979scott@Resources shared by Scott: DISCUSSION:BBNA: Special offer from member BBNA -- EBA members interested in checking out Bloomberg BNA’s Environmental Due Diligence Guide (online, continually updated news and analysis, and chartbuilder tool for all state and federal regulatory requirements and policies) can get free trial access here . Special pricing is available for EBA members. Contact Mary Ann Grena Manley (mgrena@) for more info.EBA Journal: Holly Neber of AEI relays: I will miss this call but let people know that we're actively seeking EBA Journal content for the June Journal. They can submit their topics through the EBA website. Once they submit through the website, I will reach out so they have my information. Guidelines:FUTURE CALLS:The monthly Risk Calls are always Wednesday at 12:00p-Eastern, and tend to fall on the 2nd or 3rd week of the month. These are only tentative dates and topics; speaker availability drives the ultimate line-up and specific week. Please contact Dennis if you have a proposed topic or want to throw someone under the bus propose someone as a speaker. Topics queued:August - Tip Sheet (updates) on Asbestos and Silica - Bill Sloan of Commerce Bank and Chris Gates of Environmental Information Association (EIA).Topics in development:September: Bitcoin and Blockchain applications in lending and legal documentation October: SBA SOPs - Michael and Sabrina of SunTrust Bank November: Tip Sheet on MSAs - Shannon Rose of Save-A-Lot_______: Tip Sheets (updates) on Adobe XI & DC - Dennis P. Firestone._______: Career Sustainability - Marty Walters of CIT Bank_______: Tip Sheet on Bank Policy - DPF and Nadine Stroud of Western Alliance _______: Construction Risk Review / or NEPA topic. NEED PRESENTER. _______: Wetlands / Hydric Soils / Section 10 & 404 Permitting (TetraTech gave a good presentation years ago). _______: ESAs: Liabilities associates with pipelines and rail alignments/spurs on collateralResponsibility, obligations, etc. – NEED PRESENTER _______: What’s new in bioremediation and alternative remediation technologies_______: Media:? How/what to disclose to the media._______: What data management platforms are out there:? CRM, etc._______: Examples of coordination issues from local, country, state, and federal. And (maybe in a different presentation), what if you have an AAI report and the State pursues you; is there actual case law on this? – Is “AAI” enough?? Also, what about claims outside of the Lender Protection. ?_______: CAFOs - Snell-Wilmer._______: Dodd-Frank Implications: Brent/SunTrust and possibly BB&T. _______: Forestry / ASTM – not for a while because just did to joint calls with ASTM/Tech CommitteeADJOURNMENT -Random links – CTRL + Click to follow the links (thanks to those that contributed; please take a minute and send Dennis your Favorites for next month). Feral assets, creepy collateral and peculiar places:What a rush:’s Tech Recs (proceed at your own risk): foil hats: and Stuff:Still hot in Phoenix!!’t swim in pools or the ocean.. in Florida? / Construction Fodder: Recipes: in Detroit (DPF’s home town): ................
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