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Getting Restricted without Getting in Trouble: Negotiation and Settlement in a Post-WaMu World
Nearly two years have passed since Judge Walrath's September 2011 decision in Washington Mutual threatened to drastically alter the landscape of high-level financial restructuring negotiations. Since then, there have been few further developments in the case law to guide would-be participants in such negotiations. This panel will explore the legal and practical implications of obtaining confidential information in the course of restructuring transaction negotiations, including (1) whether the WaMu decision has had any lasting effects, or whether it has been superseded by subsequent events both in the WaMu case itself and in other major restructuring transactions; (2) how principals and professionals can best protect themselves in negotiating confidentiality agreements; and (3) the requirements for effective "cleansing" when settlement negotiations break down.
1 hour
9 minutes
44 seconds
Resolving Complex Financial Institutions: Chapter 14, OLA and Living Wills
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.
Recovery Strategies: Intercompany Claims, Corporate Structure Issues and Unsecured Claim Valuation
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.
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