No CLE

Business

Consumer

Equitable mootness, releases, resuscitation of discharged claims, etc. (Owens Corning); § 1129(a)(10) in multi-debtor nonconsolidated cases (Charter, Tribune); treatment of make-whole provisions in a plan (Chemtura); facial nonconfirmability; vote designation; post-filing lock-up agreements

Equitable mootness, releases, resuscitation of discharged claims, etc. (Owens Corning); § 1129(a)(10) in multi-debtor nonconsolidated cases (Charter, Tribune); treatment of make-whole provisions in a plan (Chemtura); facial nonconfirmability; vote designation; post-filing lock-up agreements

The issue of "double-dipping", wherein a creditor is able to increase its recovery by multiplying its allowed claim against a particular entity or asserting claims against multiple entities, has been prevalent in a number of recent restructurings, including American Airlines, Lehman Brothers, CIT Group Inc., Smurfit-Stone Container Corp. and AbitibiBowater Inc. This panel will address the concept of "double-dipping", the scenarios under which it arises and their experience in dealing with the issue in various cases.

How are an expert's qualifications and the relevance and reliability of the expert's opinions assessed by courts? What do attorneys expect from experts and what do experts expect from attorneys? A panel of attorneys and valuation experts discuss the criteria for expert qualification, the methodological components of reliability and offer guidance on avoiding pitfalls and bad opinions when working with experts. The panel also provides recent statistics on Daubert challenges.

Are any financial institutions “too big to fail”? Since the financial crisis of 2008, governments, financial institutions, practitioners and academics have debated, proposed and in some instances implemented provisions to reduce the likelihood that a failure by a systemically important financial institution would cause systemic risk. This panel will discuss the failures of U.S. financial institutions and the current and prospective measures to facilitate the resolution of these institutions without transmitting risk to the U.S. financial system.