Business

This panel will discuss commonly negotiated clauses found in DIP loan facilities, including roll-up provisions, cross-collateral clauses, waivers of defenses and carve-out clauses. Priming might also be discussed, with an analysis of existing case law involving adequate protection, as well as suggested best practices from both the debtor’s and lender’s perspective.

Nortel (involving two courts simultaneously trying allocation issues); Kelmsley (U.S./U.K. courts regarding anti-suit injunction); ABC Learning/Fairfield Sentry (circuit court cases involving chapter 15 recognition); troubled foreign banks’ use of chapter 15 (Anglo Irish, Banco Pontual S.A.); In re Barnet (Octaviar)

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.

What are the consequences of using § 9019 settlements as a means of resolving primary intercreditor disputes?; does application of settlement approval standards effectively alter § 1129 standards?; do settlements become sub rosa plans?; is the door open for “involuntary settlements” based on a debtor’s assessment of litigation probabilities?; other related issues might include “gifting” through § 9019 in the Third Circuit vs. the Second Circuit, plan-support agreements, absolute priority rule/new value plan (Castleton Plaza), equitable mootness (Charter/SemCrude); fee reimbursements for participants (Lehman, AMR)

In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.

This panel will examine a multitude of issues involved in financing a chapter 11 exit, including the complications caused by a § 1111(b) election and plan treatment options. Feasibility issues, including balloon provisions and deed-in-lieu clauses, will also be discussed, as well as issues that arise when determining whether a plan is fair and equitable, including deferred payment clauses, interest rates, negative amortization, partial surrender of collateral, carve-outs and differing treatment of trade claims. Dirt-for-debt proposals might also be discussed, along with issues involving indubitable equivalence.

a. terminations (convenience/default) b. effect of FAR bankruptcy clause c. subprime/prime issues: rights of the subcontractor when the prime contractor files d. novation e. assignment of government contracts receivables f. effect of Assignment of Claims Act/UCC Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt

a. the automatic stay and relief from the stay b. discrimination against the debtor, and how that affects termination c. setoff/recoupment d. buying assets in bankruptcy e. executory contracts issues f. claims by government agencies g. adversary proceedings and other litigation with the government h. employee claims i. interactions with the DOL, DOJ, etc. Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt