ACIC New Logo 
In This Issue
2019 Fall Annual Meeting and Education Conference
October 17 & 18, 2019

Grand Hyatt New York
Park Avenue at Grand Central Station
109 E. 42nd St.
New York, NY 10017

Job Postings

Do you have any positions you are looking to fill? Please submit to  CJ Marchain.
Quick Links
Update Your Bio
To learn more about the ACIC website and how to update your bio,  click here  (bio information is around the two-minute mark).
Questions or comments about this edition?  Please provide feedback here
with the subject heading "Monthly Newsletter Feedback". 
ACIC Private Notes                          October  2019

Welcome to the October 2019 edition of the ACIC Private Notes!
This edition brings you:
  • Recent case law summaries from the Southwest Region, prepared by Andrew Thomison (Baker Botts);
  • Recent case law summaries from the Rocky Mountain and Western Region, prepared by David Simonds (Hogan Lovells) and Edward McNeilly (Skagit Law Group); and
  • A primer on the far-reaching new California Consumer Privacy Act, expected to take effect in 2020, courtesy of Luke Weedon (Baker Botts).
Also read on to find out where to get the latest updates and materials for the upcoming 2019 Annual Meeting and Education Conference.

2019 Annual Meeting and Education Conference - Conference Papers

Fall is officially here, and that means the 2019 Annual Meeting and Education Conference is just a few weeks away (October 17 and 18 at the Grand Hyatt in New York).
As we get closer to the conference dates, please be sure to check  this link  often to get the latest updates, including conference papers as they come in. Multiple session outlines are already available!

Recent Case Law Summaries

In Godoy v. Wells Fargo Bank, N.A., the Texas Supreme Court held that certain statute of limitation waivers with respect to anti-deficiency laws contained in a guaranty agreement were not void against public policy. Click here to learn more.
In Fishback Nursey, Incorporated; Surface Nursey, Incorporated v. PNC Bank, National Association, the Fifth Circuit Court of Appeals was tasked with determining the relative priority of liens on agricultural products claimed by PNC Bank (the lender to the debtor) and certain plant nurseries (who contracted with the debtor, a wholesale grower of trees and other plants, to sell the debtor's agricultural products). Click here to learn more.
Rocky Mountain and Western
In Hernandez v. Enterprise Rent-a-Car Co., the California Court of Appeal, First Appellate District, affirmed the trial court's grant of summary judgment in favor of defendant, Enterprise Rent-a-Car, holding that Enterprise, as asset purchaser, was not liable as successor-in-interest (through two separate acquisition transactions, one non-bankruptcy and the other through bankruptcy) to a rental car company that had leased and then sold a vehicle subsequently involved in a catastrophic accident. Click here to learn more.
In Odyssey Reinsurance Co. v. Nagby, the United States District Court for the Southern District of California found the sole directors and owners of a defunct insurance agency liable for constructive fraudulent transfer under California's version of the Uniform Fraudulent Transfer Act, when the owners sought to avoid a debt to the plaintiff reinsurance company by transferring the agency's assets to their new wholly-owned Nevada corporation for no consideration, selling the Nevada corporation to a third party and distributing the proceeds to themselves. Click here to learn more.
In Diamond Enterprises, Ltd. v. Michael Younessi, the Ninth Circuit Bankruptcy Appellate Panel held that, where a bankruptcy court enters an order modifying a confirmed plan in a material way, the 180-day deadline under section 1144 of the Bankruptcy Code for a creditor to file an adversary proceeding to revoke the confirmed plan for fraud runs from the date of entry of the modified confirmation order, not the date of the original confirmation order. Click here to learn more.
California Consumer Privacy Act
The sweeping California Consumer Privacy Act of 2018 (the "CCPA"), which takes effect on January 1, 2020, grants California consumers expanded control over their personal information and imposes strict and novel obligations on all qualified businesses that gather, use or sell such data. The CCPA may have material implications for insurance companies and issuers of securities in the private placement market. Click here to learn more about the CCPA and the amendments of 2019.