Video

PRESENTED BY THE BUSINESS REORGANIZATION COMMITTEE This webinar will address the increasingly significant topic of how to maximize the value of customer data and intellectual property in chapter 11 cases. In particular, the panelists will address the importance of adding intellectual property and customer data to a company’s pre-bankruptcy “checklist,” value maximization best practices, the role of consumer privacy ombudsmen and governmental entities in connection with sales under Section 363, and potential privacy and other pitfalls faced by debtors in chapter 11 cases. *ABI will seek 1.25 or 1.50 of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. Credit hours granted are subject to approval from each state, which may not be determined prior to the program. CLE is available for pre-sale only and will not be available post-webinar.

How will the Supreme Court’s decision in Baker Botts v. ASARCO affect professional fees? Will there be an increase in fee litigation in future chapter 11 cases? This panel will also explore the Tribune standard for payment of unsecured creditors’ post-petition professionals’ fees, fees awarded as part of global settlements (Lehman), and the recent use of fee examiners. The session could also include a discussion on when disclosure of “representations of parties in unrelated matters” is sufficient, whether conflicts be cured by the appointment of conflicts counsel, a recent Ninth Circuit decision on the potential implications of exceeding fee caps, when it is necessary to obtain a conflict waiver, current vs. recent vs. former clients, and directly adverse vs. positionally adverse.

How are cash-collateral orders and adequate-protection packages being fashioned in E&P bankruptcies, and what intercreditor issues can arise as a result? This panel will discuss questions relating to lender collateral that may surface in E&P cases, such as (1) the absence of blanket liens, liens on reserves and cash as security; (2) the impact of state law defining property rights in such assets as royalty streams and leasehold interests; and (3) contract interpretation issues involving prepayment agreements and other arrangements. The panel will also discuss E&P valuation issues and their relationship to the commodity pricing cycle, as well as environmental obligations and pension/OPEB issues (e.g., Peabody).