Delaware State Approved Sessions

An integral part of any solvency opinion is the valuation of items such as contingent liabilities including pending litigation, guarantees and other claims that may impact the solvency opinion. The valuation of these items is not always obvious and in some cases is at odds with GAAP. The approach to valuing these items is a blending of corporate and bankruptcy law, accounting standards, economic analysis and valuation theory. The panel examines these issues along with the instructive case law in the area, and discusses the care that is required when mixing such elements with the facts and circumstances of the matter at hand.

How are an expert's qualifications and the relevance and reliability of the expert's opinions assessed by courts? What do attorneys expect from experts and what do experts expect from attorneys? A panel of attorneys and valuation experts discuss the criteria for expert qualification, the methodological components of reliability and offer guidance on avoiding pitfalls and bad opinions when working with experts. The panel also provides recent statistics on Daubert challenges.

The panel will explore many of the major differences between U.S. chapter 11 and the Concurso Mercantil and discuss such topics as bondholder recognition, classification of claims, creditor voting and confirmation of a reorganization plan, financing issues and sale of assets.

The panel will focus on some of the significant corporate restructurings and leading bankruptcy decisions in Mexico rendered under the Ley de Concurso Mercantil. Holdings and implications from decisions such as Durango, CCM and Vitro will be discussed.

The panel will discuss attempts to apply creditor protections and applying the concept manifestly against public policy.

This broad panel, which includes a banker, will discuss how to effectively restructure a Mexican company. Key areas will be identified, as well aspotential pitfalls.

The panel will identify and discuss likely future trends in restructurings in Mexico, as well as projected revisions to the Concurso.