Contractual Mechanisms for Asset Protection

In more uncertain business environments, it becomes even more essential to implement all possible contractual mechanisms for client asset protection. This session will show you how to draft, review, and negotiate contracts effectively for asset protection. Discover the latest strategies to safeguard your clients' interests and ensure strong protection. Investigate insurance clauses and compliance, security interests’ decisions, practical applications and enforcement plus essentials of including IP asset protection through contractual mechanisms.

Thursday, 8 August 2024
Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

1.00pm to 2.00pm Protecting Against Emerging Risks: Insure, Comply, Mitigate

 

  • Emerging cyber risk and ASIC compliance requirements (including privacy)
  • Asset preservation (and knowing what is not recoverable)
  • Internal compliance to mitigate risk and reduce exposure as well as insurance premiums
  • ESG and greenwashing risk for certain sectors
  • Contract powerplay and insurance clauses for small businesses

Presented by James Stanton, Senior Associate, MinterEllison

3.00pm to 4.00pm Safeguarding Client Assets: Recent Decisions and Key Considerations for Security Interests

 

  • Exploring the impact of recent decisions on security interests and asset protection mechanisms
  • From legal rulings to practical applications: implementing effective contractual measures to safeguard client assets and ensure compliance
  • Strategies & best practices
  • Legal Precedents to Strengthen Client Asset Protection

Presented by Stipe Vuleta, Managing Director and Strategic Advisory, Chamberlains Law Firm

2.00pm to 3.00pm IP Asset Protection in Your Transactions

 

  • What IP will be transferred?
  • Where will the IP go to?
  • Sanction lists
  • Jurisdictional issues to be aware of
  • Protection of IP in a foreign jurisdiction
  • Payments and disputes

Presented by Richard Chew, Partner, K&L Gates; Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law 2018-present

4.00pm to 4.15pm Break
4.15pm to 5.15pm Enforcing General Security Interests Under the Personal Property and Securities Act 2009 Understanding the Crucial Role of Contract Mechanisms in Enforcing General Security Interests

 

  • Contractual strategies for mitigating risk
  • Drafting, reviewing and negotiating contracts effectively to protect your client’s assets
  • Navigating legal compliance nightmares: How contract mechanisms can shield against emerging risks and regulatory challenges
  • Contractual powerplay: mastering enforcement strategies to protect assets and ensure robust legal compliance

Presented by Steven Brown, Chairman, Etienne Lawyers; Accredited Specialist in Business Law

Chair

Dalvin Chien, Partner, Mills Oakley

Chair

Mayank Gupta, Partner, Cornwalls 

Presenters


Mayank Gupta, Partner, Cornwalls
Mayank brings over 15 years of international experience in corporate finance, distressed lending, restructuring, leveraged finance, asset finance, real estate finance, and project finance. He has acted for large financial institutions and corporates across Australia, the United Kingdom, the United States, China, India, Southeast Asia, Africa, and Eastern Europe. Recently, Mayank has worked closely with alternative capital investors, providing strategic advice to debt funds in distressed situations, purchasers of non-performing loans, and equity capital providers for large-scale project financings. He has significant experience in the UK and Asia, working on some of the largest transactions globally, including the largest wind farm financing in Ukraine, the largest bond issuance in Bangladesh, and the largest non-performing loan acquisition in Eastern Europe.


Dalvin Chien, Partner, Mills Oakley
Dalvin is a leading technology and digital lawyer with over 20 years’ experience. Dalvin has deep expertise in technology contracting, privacy, cybersecurity, security of critical infrastructure, data sharing, e-commerce and emerging technology including Artificial Intelligence. He has led deal teams for significant technology transactions and advised on novel and complex cybersecurity and technology issues for clients in the banking, government, technology, logistics and health sectors.


Stipe Vuleta, Managing Director and Strategic Advisory, Chamberlains Law Firm
Leading Canberra Litigation, Insolvency & Reconstruction lawyer at Chamberlains Law Firm. A depth of experience from the traditional Legal and emerging Legal Technology sectors with Top Tier, Boutique and Online Expertise. Providing practical and commercial solutions to complex legal problems at all stages of the corporate and personal financial life cycle. Regular presenter on Insolvency, Building and Construction. Author and contributor to various Print & Online Publications.


James Stanton, Senior Associate, MinterEllison
James is an experienced advisor and litigator in MinterEllison's Sydney Insurance and Corporate Risk group, with a focus on entity risk, insurance (front and back end), directors' & officers' duties, and financial services. With over 15 years in risk and insurance, James advises local and international corporates, SMEs and not-for-profit enterprises in relation to corporate risk, litigation defence, policy and contract drafting issues, and statutory compliance. James has been co-author of the International Comparative Legal Guide on Insurance & Reinsurance for several years, and co-edited the Insurance Contracts Act Handbook now in its 10th edition. James also has extensive commercial in-house experience, heading project teams and secondments with several large Australian and international financial institutions including Westpac, Allianz and Swiss Re. He worked extensively with industry clients across the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into Aged Care Quality and Safety, and recently on the COVID-19 Business Interruption Test Cases in Australia, New Zealand and the UK.


Richard Chew, Partner,K&L Gates
Richard is an experienced intellectual property and technology lawyer who focuses on commercial transactions and technology, telecommunications and outsourcing matters in Australia and the Asia Pacific region. He assists his clients with commercial transactions, technology and IP commercialisation, outsourcing, IT and commercial telecommunications arrangements, strategic procurement and sourcing, vendor management and negotiated company and business mergers and acquisitions across a range of industries. Richard also works with clients on commercial transactions in the Asia Pacific region, including China, Thailand and India. Richard assisted clients with some of the largest business critical technology and outsourcing transactions in Australia and South East Asia. Working with a diverse range of clients, from small and medium enterprises to the largest ASX-listed companies, his clients operate in the food, liquor, retail, telecommunications and technology services industries. Richard has a Bachelor of Science (Computer Science), a Bachelor of Laws (Hons) and a Graduate Diploma in Legal Practice, all from the Australian National University.


Steven Brown, Chairman,Etienne Lawyers
Steven Brown is highly experienced lawyer with an extensive knowledge in all aspects of commercial law, with an intimate knowledge of the Corporations Law and the Australian Securities Exchange business and listing rules, being involved in corporate structuring, compliance, corporate takeovers, company floats, the preparation of prospectuses, employee share schemes and advising on directors' duties, and insolvency and securities law and practice. Steven currently lectures: in the Masters of Banking Law Course conducted by Macquarie University; in the Master of Finance for FINSIA in the areas of securities and insolvency and contract law and law, regulation and ethics; and for the Property Investors Association of Australia in security law and practice. Steven has published a number of articles on commercial subjects. He has lectured for the Australian Institute of Company Directors from 1989-2008, lectured in the Master and Doctorate courses at UTS in corporations, finance and securities law from 1989-1995, and is currently lecturing in the College of Law Masters course in commercial drafting and business structuring.

WEB248N06

Contractual Mechanisms for Asset Protection

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

Single Session
Thursday, 8 August 2024
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
Online 20241017 20240808

Online

Register
On Demand 20241017 20240808

On Demand

Register