Financial Advisors

The Jay Alix Protocol Revisited: What Is It, How and When Has It Been/Is It Applied, Should It Be Applied Rigidly or Loosely, and Does a Viable Alternative Exist? Tips for Lawyers and Financial Professionals in Dealing with the Protocol

"How to Hire the Right Financial Advisors" will provide attendees with an overview and basic understanding of the different types of financial advisors that may be relevant for in- and out-of-court cases. Our experienced panel will provide an informative discussion about matching the right type of financial advisor with the specific needs of each case, drawing upon both empirical examples and their own personal experiences. This is a perfect session for junior attorneys and/or attorneys with more limited experience in the bankruptcy environment. Topics include: • The different types of financial advisors available; • The benefits and limitations for each category of advisor; and • How to select the right advisor for the job.

Business Debate Resolved: Success fees for financial advisors should be eliminated. (Sides to be chosen by a coin toss at the beginning of the session.) Candace C. Carlyon Shea & Carlyon Ltd.; Las Vegas Frank A. Merola Stroock & Stroock & Lavan LLP; Los Angeles Judicial Debate Resolved: Claims benefiting from third-party guaranties may be separately classified. Pro: Hon. Barry Russell U.S. Bankruptcy Court (C.D. Calif.); Los Angeles Con: Hon. Eileen W. Hollowell U.S. Bankruptcy Court (D. Ariz.); Tucson Consumer Debate Resolved: Section 523(a)(8) limiting discharge of student loans should be eliminated. Pro: Kasey Cameron Nye Mesch, Clark & Rothschild, PC; Tucson, Ariz. Con: Madeleine C. Wanslee Gust Rosenfeld, PLC; Phoenix

This panel will discuss examples of when and how t use valuation opinions and expertise, and the fee structure pitfalls that can impact credibility. When is it appropriate (if ever) to use success fees for valuation opinions.

And Now That the Auction Is Over, Let the Bidding Begin

Financial Advisors Track: Current Issues for Financial Advisors in Bankruptcy Cases This panel will discuss the various governance, operational and quasi-legal issues that financial advisors deal with on a day-to-day basis before, during and after the commencement of a chapter 11 case. Topics will include addressing management fraud, dealing with ERISA/labor/WARN Act/union issues, navigating corporate governance issues, Dodd-Frank compliance, and the state of the law on pursuit of accounting and securities fraud claims.

Financial Advisors Track: The Ethical Compass: Multiple Ethical Schemes Applicable to Financial Advisors This panel will focus on the variety of rules, statutes and codes that govern the conduct of financial advisors, including the Bankruptcy Code and Rules, TMA and AIRA Codes of Ethics, Licensure rules (e.g., for CPAs), state law governing trustee roles, etc.

Three years of disappointing recovery have come at the cost of unprecedented policy actions, both in monetary and fiscal policy. Bar a major failure in resolving the "fiscal cliff" negotiations, the economic outlook may improve in 2013, but questions remain about what the "exit" strategy will be. Are new financial imbalances building into the economy? Are low interest rates fostering an excessive accumulation of private and public debt? How vulnerable the financial system and the corporate sector are to a normalization in interest rates? Mr. Laurenti will discuss how to navigate the risks for the US economy, and the scenarios that most likely shape the bankruptcy and turnaround business in 2013 and 2014.

Business: Claims and Defenses in Actions Targeting Investors, Bankers, Accountants and Attorneys