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Controversial Issues in Valuation
Topics may include selection of comparable companies; liquidity and marketability discounts; discounts for size and reorganization risk; determining a discount rate; option-based valuation methodologies (note that the panelists will discuss and highlight different positions that may be taken, but will leave it to you to decide which positions have more merit).
Professional Responsibility and Ethics Issues Arising from Cross-Border Representations in Insolvency Cases
Conflicting ethics and professionalism under different jurisdictions; required disclosures; duties to the various courts; duties to your client; different fiduciary duties; the ethics of insolvency planning and COMI-shifting.
Bankruptcy Litigation Panel
Fraudulent transfer update (§ 546(e) (Lyondell, Tribune, Boston Generating)); Cortlandt; automatic stay litigation (i.e., requirement to turn over funds (Weber)); § 503(b)(9); aiding and abetting claims (Rural Metro); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits and Supreme Court (Exec. Benefits, Wellness).
Momentive Deconstructed
A detailed analysis of the many aspects of this important bankruptcy court decision.
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