International Insolvency

This panel will discuss the complexities of recovering assets in China, Mexico and Canada, including attachment, perfection and priority issues that are unique in each jurisdiction, and the interplay of foreign registration systems and the Uniform Commercial Code. The panel discussion might include some of the complications involved in owning or being secured by foreign assets, including foreign exchange and other currency restrictions.

Nortel (involving two courts simultaneously trying allocation issues); Kelmsley (U.S./U.K. courts regarding anti-suit injunction); ABC Learning/Fairfield Sentry (circuit court cases involving chapter 15 recognition); troubled foreign banks’ use of chapter 15 (Anglo Irish, Banco Pontual S.A.); In re Barnet (Octaviar)

Labor and Employment Issues in Cross-Border Cases

ABI Past-Presidents Panel on Current Developments in the News

This panel will discuss how to examine and cross-examine an expert witness and respond to judges. Through a fact pattern/role-playing approach, the panel will cover issues related to valuation and plan confirmation.