North Carolina State Approved Sessions

Much has changed in the world of corporate restructuring since the Bankruptcy Code was passed in 1978. ABI's review commission has been operating since last April, gathering information about whether and how corporate bankruptcy law could be reformed to make the process more effective and result in greater maximization of values for all stakeholders. Hear about the process, and the policies under review, from the Commission co-chair and three others from the 20-member Commission.

Legal and cultural investor considerations in specific European jurisdictions (e.g., U.K., Germany and Spain); how the option of U.S. chapter 11 influences investor outcomes; update on the status of bankruptcy reforms in European jurisdictions; multi-jurisdictional issues within European restructurings; how the distressed market functions and impacts restructurings (liquidity, transparency, etc.)

How does a U.S. court deal with allegations that a foreign proceeding or judicial system is flawed or corrupt?; dealing with “corporate groups”; the continuing saga of Nortel, Vitro and Elpida; cooperation and enforcement of judgments

How to manage the public side of a chapter 11 case, dealing with customers, vendors, employees, union members, press, shareholders, etc.; use of websites and public relations firms; FAQs; comfort orders and confidentiality restrictions

Managing law firm failure pre-bankruptcy; partner clawback claims and settlements; fair value and other partner defenses; unfinished-business doctrine (Jewel v. Boxer); partner duties to clients, including treatment of client files; WARN Act issues

Managing law firm failure pre-bankruptcy; partner clawback claims and settlements; fair value and other partner defenses; unfinished-business doctrine (Jewel v. Boxer); partner duties to clients, including treatment of client files; WARN Act issues

Section 1113 relief for terminated labor agreements (American Airlines; Hostess), severance benefits; treatment of claims resulting from rejection of labor/benefits agreements vs. renegotiation of labor/benefits agreements; multi-employer pension plan issues (Is there a coming abyss?) (Hostess, Marcal); § 1114 Issues (Visteon, etc.); role of unions on committees; labor issues in § 363 sales; interplay of § 1113 and general strike/employment law (including strike after court-approved imposition of terms)

Rejection of perpetual licenses (Lewis v. Interstate Brands); use, sale and assignability (Sunbeam; Qimonda; Lubrizol); valuation metrics for trademarks and patents

A panel of judges will discuss current issues that divide the circuits and other hot topics relevant to both consumer and business bankruptcy practitioners.

The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors