Business

In 2012, an ABI commission examined the role of hedge funds in chapter 11 cases, including the impact of such funds on the bankruptcy process. Among other things, the study found that hedge funds were prevalent in chapter 11 cases and played an “activist role” in shaping bankruptcy outcomes. Despite this finding, many lawyers and business professionals who enter the restructuring world lack familiarity with hedge funds, how they function and how they can apply in a bankruptcy context. This webinar will serve as an introductory primer on hedge funds in bankruptcy and will: *Provide a non-technical overview of hedge funds and hedge fund concepts for beginners; *Explain how hedge funds can come into play in a bankruptcy case; *Explain how hedge funds can positively or negatively impact the bankruptcy process; and *Provide tips for professionals on dealing with hedge fund issues in bankruptcy cases. Click here to get Back to Basics Series - 3 Videos together.

In keeping with the theme of “understanding financial concepts,” this webinar focuses on how financial information should be presented in a litigation scenario. This is certainly not a topic limited to attorneys, as it is often financial advisors, investment bankers, accountants and other professionals who must support litigation efforts or serve as experts in eliciting testimony about financial documents. To provide restructuring professionals with a useful resource in understanding how to present financial documents as evidence, this webinar will offer the following: *A non-technical overview of rules of evidence applicable when analyzing and presenting financial documents for discovery or as trial evidence *Tips on presenting financial information and eliciting (or providing) expert testimony regarding financial documents. Click here to get Back to Basics Series - 3 Videos together.

Latest post-petition interest litigation, make-whole payments (School Specialty, AMR), OID, etc. (ResCap, KV Pharma); enforceability of intercreditor agreements; class-action certification in bankruptcy (Rodriguez); settlement payments (Quebecor); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits); § 502(d) disallowance under KB Toys; fraudulent transfer update (Tribune, Sentinel)

In today’s environment, several options exist for effectuating a restructuring of a company in distress. When is a chapter 11 filing the best option given the costs, risks and potential for reputational damage, and when is it not? This panel will discuss the fundamental questions to be asked when considering the alternatives to bankruptcy and, more specifically, when bankruptcy preserves or creates value.

A panel of judges will discuss best practices in oral and written advocacy.

ABI Past-Presidents Panel on Current Developments in the News

Two litigants will argue before a judge panel whether an intellectual property license is executory and assignable. And if it is not assignable, and for business reasons the debtor decides to reject the license agreement, what amounts to rejection of that license agreement and what rights, if any, the licensee has if a rejection occurs.

Industry leaders will address hot topics arising in Municipal Bankruptcies including eligibility and confirmation issues, challenges facing financial advisors to Chapter 9 debtors, the latest and greatest on the extent of Bankruptcy Court power under sections 903 and 904, special revenues and appellate procedural hurdles. The panel will also discuss the future of Chapter 9.

This panel will explore the tension between the fundamental tenets of disclosure and due process in bankruptcy cases and the increasing trend toward confidentiality, whether legitimate or not.