Ins and Outs of LBOs
The challenges and difficulties of avoiding leveraged buyout transactions, covering emerging law involving LBOs including application of the § 546(e) safe harbor and collapsing such undertakings.
Experts Under Examination
Cross-examination demonstration of financial experts valuing assets (measuring enterprise value by discounted cash flow, the income and cap rate approaches for real estate, and how such methods can be manipulated).
The Challenges of Cramming Down a Chapter 11 Plan and Indubitable Equivalence
The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.
The Wonderful World of Executory Contracts: Beyond the Basics
Severance issues, integration issues, defining an executory contract, licenses, trademarks, service marks, immaterial defaults, etc.
Any Which Way You Can: Unique and Perplexing Issues Involving Individual Chapter 11 Cases
Absolute priority rule, § 1115, disposable income, etc.
Bankruptcy Litigation and Ethical Lines: Selected Topics
“Group Privileges”: What are the limits of the attorney-client and work-product privileges that can be asserted by official committees and their members? Ad hoc committees and their members? Bank syndicates and their members; Conflicts: Latest developments in disclosure and disqualification, the use of conflicts counsel, UST Guidelines, etc.; The New U.S. Trustee Guidelines: What ethical concerns are raised by the new UST Guidelines on professional retention and fee applications (including issues relating to attorney/client privilege)? Are there limits on the proper disclosure of a firm’s billing practices and/or “blended” rates?
Issues in Energy Restructurings
Discussion of trends and forecasts in energy industry; introduction to the fundamentals of oil and gas investing and relevant legal/business issues
Who’s Running the Company?
Selection of CRO and establishment of a scope and chain of command; role of CRO and other officers in intercompany disputes in multi-debtor cases; negotiating pre- and post-confirmation equity/incentives for officers and directors; selecting a post-confirmation board of directors; issues and actions constituting “cause” for appointment of trustee or examiner motion; appointment and role of examiner in recent cases (Rescap, Dewey, Dynegy)