Tim Henkel, Partner, Henkel & Cohen, P.A. to Speak at TKG's Event

Top Quote The Knowledge Group Live Webcast Series has announced today that Tim Henkel, Partner, Henkel & Cohen, P.A. will speak at the Knowledge Congress’ webcast entitled: “The Perishable Agricultural Commodities Act: What It Is and Why You Need to Know LIVE Webcast.” End Quote
  • (1888PressRelease) September 19, 2018 - This event is scheduled for Monday, September 24, 2018 @ 3:00 pm - 4:00 pm ET.

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    About Timothy “Tim” Henkel
    Timothy “Tim” Henkel has been practicing law for 30 years, including the representation of produce companies for 24 years. After serving as a law clerk for a Federal Judge in Fort Lauderdale, Tim worked for two boutique commercial litigation firms in Miami, prior to joining his partner Ira Cohen to form Henkel & Cohen. Tim graduated college from the University of Virginia and obtained his law degree in 1988 from George Mason University School of Law where he was an editor of the law review, graduated tenth in his law school class, and won a moot court competition. Tim is a member of the Virginia, Florida, and California Bars. He is a proud member of the “Broccoli Bar,” as one of the small number of attorneys in the U.S. that regularly represents produce companies on matters involving the Perishable Agricultural Commodities Act and the USDA’s PACA regulations.

    About Henkel & Cohen, P.A.
    Henkel & Cohen, P.A. is a Miami law firm with two founding partners, Tim Henkel and Ira Cohen, both former Federal law clerks and each of whom has been practicing law for 30 or more years. The firm represents clients on transactional matters, business counseling, contract preparation and review, and intellectual property (trademark and copyright). Henkel & Cohen also handles business litigation in both state and Federal trial and appellate courts, in arbitration proceedings, and in trademark proceedings before the US Patent and Trademark Office. In addition to counseling growers, lenders, and produce marketing companies on the Perishable Agricultural Commodities Act, the firm has since 1994 been regularly represents produce businesses in Federal Court PACA Trust enforcement proceedings, breach of contract matters arising from the trading of produce and grower\marketer disputes, PACA reparation complaints, USDA disciplinary complaints against PACA licensees, and business torts.

    Event Synopsis:
    The Perishable Agriculture Commodities Act (PACA) was enacted by Congress in 1930 to regulate the fresh produce industry in the United States and is regulated by the U.S. Department of Agriculture. The PACA law and USDA’s regulations provide for licensing and administrative discipline of produce traders, prescribes unfair conduct in trading, and provides for an administrative complaint remedy for breaches of contract. In 1984, Congress amended the PACA to establish a statutory trust that enforces the PACA’s requirement that all produce purchases are to be paid for promptly and in full. The PACA Trust applies to all assets of a produce company and any assets of the produce business commingled with others’ assets. The Trust can provide for personal liability and disgorgement of payments made to third parties. The Trust can even create a super priority in favor of unpaid Produce sellers over prior, secured interests of lenders, including banks holding mortgages on real estate owned by a produce seller. The PACA, which is not well known outside of the produce industry, can create complex issues and liability for lenders and even ordinary creditors providing goods or services to a produce company.

    In this LIVE Webcast, a distinguished professional will help the audience understand the important aspects of this significant topic. He will provide an in-depth discussion of the PACA and the USDA’s PACA regulations to offer an overview of this important law and its implications and risks to any produce company or business providing goods or services to any produce company.

    This LIVE webcast will examine the most significant issues of this law including:
    • An Introduction to the PACA law and regulations, and its application to the produce industry
    • PACA Licensing and USDA Discipline
    • Rules of Fair Trading
    • The Administrative Remedy of PACA Reparation Complaints
    • The PACA Trust including the impacts to third parties dealing with produce companies who are not timely paying its produce vendors, including disgorgement and personal liability

    About The Knowledge Group/The Knowledge Congress Live Webcast Series
    The Knowledge Congress was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register to an event, please visit: http://theknowledgegroup.org/

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