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Independent Directors, Beware! Corporate Governance Issues in Restructurings, Chapter 11 Cases and Liquidations
Independent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.
How to Make It Rain: Tips from Seasoned Business Developers
A panel of proven rainmakers will share their tips on how restructuring professionals of any age can learn to bring in new business.
A Survey of Current Developments
This panel will discuss the Supreme Court’s decision in Bellingham, the coming decision in Wellness, as well as other topical issues of interest.
Great Debates!
Resolved: The absolute priority rule should be eliminated in multi-debtor cases.
Speakers:
Pro: Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
Con:Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate.
Speakers:
Pro: Carren B. Shulman
Sheppard, Mullin, Richter & Hampton LLP; New York
Con: Paul S. Singerman
Berger Singerman, LLP; Miami
Resolved: Creating mandatory claim mediation in mega-cases for all creditors should not be permitted as an unnecessary and inappropriate cost on smaller creditors.
Speakers:
Pro: Brian L. Shaw
Shaw Fishman Glantz & Towbin LLC; Chicago
Con: Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
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