No CLE

A panel of proven rainmakers will share their tips on how restructuring professionals of any age can learn to bring in new business.

This panel will focus on the current challenging market for restructuring professionals. The faculty will share their insights into how they have maintained their practices during the current industry downturn and will tackle a broad range of questions and topics, including: What are the reasons for the downturn, and what, if anything, can restructuring professionals do to stem the downturn? How has the downturn impacted competition for clients, and what are some tips for distinguishing yourself? How do you stay relevant within your own firm to ensure that you are selected to work on restructuring matters? Is there any advice for younger professionals who are in the early stages of trying to build a career in this field? Have restructuring professionals sought new types of clients or types of restructuring work, or do some now work in entirely different practice areas? If not, should they?

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.

This panel will conduct a mock confirmation hearing in an individual’s chapter 11 case. Issues unique to individuals who file for chapter 11, such as the applicability of the absolute priority rule and best efforts under § 1129(a)(15), will be explored during the course of the mock hearing.

This panel consists of debtor and creditor lawyers who will debate current problematic issues in chapter 11 cases filed by individuals, including the absolute priority rule and challenges to the lifestyles of wealthy debtors.

This nuts-and-bolts panel will cover the mechanics of § 363 sales, featuring discussions on pros and cons, current trends and recent cases, with a particular focus on credit-bidding (Fisker, Philly News and Free Lance-Star) and challenges to free-and-clear-sales (GM, Chrysler, Energytec).