Business

This panel will discuss a variety of issues arising due to the explosion of social media communications. Topics will include property rights, evidence, spoliation, ethics and trustee investigation duties.

A panel of younger lawyers/financial professionals will talk about the issues and challenges of working for senior lawyers and suggest ways to improve the working relationship between senior and junior lawyers.

After you have found your valuation expert, how do you know that the expert’s report is accurate? This panel will discuss some of the red flags that should cause you to raise some questions with your own expert (or consider asking the other side’s expert in cross-examination), and will discuss how organization might make it easier or harder to catch red flags.

The strategic use of Examiners in some of the largest and most complex Chapter 11 cases has become more frequent in recent years. This panel explores the use of an Examiner to investigate, analyze and value potential causes of action and other contentious issues in ResCap and other significant Chapter 11 cases.

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

Discussion about unanticipated and anticipated problems in chapter 11 cases in which all or substantially all of the assets are being sold in a § 363 sale; “pay to play” arguments by unsecured creditors; should bankruptcies be run exclusively for the benefit of secured creditors?; presale orders regarding the use of sale proceeds; funding of wind-down costs and payment of administrative claims; post-sale chapter 7 conversions

This panel will focus on the continuing role of creditors’ committees in the current chapter 11 environment. As the fulcrum of security moves up the balance sheet, the utility of committees has been coming under attack. Although historically committees have consisted primarily of trade creditors, they now regularly include bondholders, indenture trustees, the PBGC and unions. Learn about the challenges for professionals representing committees and the way committee members evaluate how to fulfill their fiduciary duties.

Discussion and debate about the venue statute (28 U.S.C. § 1408) and whether it should be modified; special issues involving venue for chapter 15 (including for Chinese companies); impact of venue controversies on UCC selection, first-day orders, and other early issues and decisions; could claims arise from improper venue selection?

This panel will discuss common issues that arise in a § 363 sale, including timing issues, typical marketing programs (or conversely, no-shop clauses), bid procedures, break-up fees and bid-protection provisions. The panel might also touch on critical-vendor provisions, employee incentive programs, claw-back and true-up provisions, and successor liability clauses, as well as the applicability of the various subsections in § 363(f).