Finance and Banking

What are the strategies of private-equity sponsors seeking to retain control (or at least a stake) through the bankruptcy process? How do they retain counsel and manage conflicts? What strategies are they using to preserve their interests? What risks do they undertake? This panel will discuss these issues and more.

Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors.

You Are Selling My What? Valuation and Sale of Intellectual Property and Customer Information by a Distressed Company

This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.

This panel will provide a retrospective and prospective discussion of the economic and legislative factors that impact chapter 11 filings, as well as insight on industry trends and hot areas for restructuring services. Ben Franklin once remarked that “creditors have much better memories than debtors.”

This panel will discuss how lawyers and FAs can work together in creating clear client expectations by defining for the client both the lawyer’s and FA’s work scope. Additionally discussed will be the fee structure involved in the retention of FAs both as company advisors and expert witnesses. Finally, this panel will explain in detail what can be done to make our mutual clients happy with both the lawyers and FAs in the obtained results.

Structuring Cross-Border Deals to Protect Creditor Interests

This session will discuss the current financial climate and when (if ever) we might begin to see an uptick in chapter 11 bankruptcy cases. Will there still be an appetite for chapter 11, even if interest rates are raised?

This panel will examine the “lessons learned” from recent financial services bankruptcies, settlements and restructurings (including some “near misses”), and financial distress in mortgage origination. The panel will also discuss bank holding company defaults, FDIC receivership issues, tax-sharing agreements, sale transaction issues and more.

This panel will focus on developments related to the use of liquidating trusts from both the legal and financial reporting perspectives. Expected topics will include the use of liquidating trusts in the prosecution of actions on behalf of, and for the benefit, of creditors (and the financial concerns, timing, and fiduciary concerns that accompany the prosecution of the same), and the application of recent accounting pronouncements related to liquidation accounting and the accompanying valuation considerations.