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Judges’ Roundtable: Selected Current Topics
This roundtable will provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.
Know When to Hold ‘em, Know When to Fold ‘em: Lessons from the Caesars Bankruptcy
This panel will provide a lively discussion of valuation, liability management transactions, corporate governance, ethics and the bankruptcy process set against the backdrop of the Casears restructuring and chapter 11 case. The panelists, all of whom were intimately involved in the Caesars bankruptcy as principal, advisor or journalist, will offer their unique insights into this fascinating chapter 11 case and the lessons (legal, practical and ethical) it teaches for restructurings today.
Mitigating Fraudulent Transfer Risk
This panel will examine the fraudulent transfer (and other) risks associated with a leveraged transaction, including LBOs and dividend recap transactions, and the steps that may be taken to mitigate those risks. The panelists will approach each topic with a 360-degree view, exploring the issues from the perspectives of board members, debt capital providers and equity sponsors/shareholders.
Reorganization Value, § 363 Value, and the Games People Play
Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth? This panel will explore how a debtor’s ultimate valuation can be determined more by the bankruptcy process than by the underlying business data.
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