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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transaction negotiations, including (1) whether the WaMu decision has had any lasting effects, or whether it has been superseded by subsequent events both in the WaMu case itself and in other major restructuring transactions; (2) how principals and professionals can best protect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.

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.

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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