Valuation

An update on key valuation case law, with a detailed discussion of how valuation models were implemented, examples of strategic and tactical decision making and a few war stories from hands-on experienced practitioners.

An update on the sometimes-exciting academic research now being conducted on corporate restructurings and bankruptcy. Topics include advances in our understanding of the benefits and costs of bankruptcy, trends in the accuracy of confirmation values, private-equity firms and financial distress, and the impact of distressed-debt trading.

An integral part of any solvency opinion is the valuation of items such as contingent liabilities including pending litigation, guarantees and other claims that may impact the solvency opinion. The valuation of these items is not always obvious and in some cases is at odds with GAAP. The approach to valuing these items is a blending of corporate and bankruptcy law, accounting standards, economic analysis and valuation theory. The panel examines these issues along with the instructive case law in the area, and discusses the care that is required when mixing such elements with the facts and circumstances of the matter at hand.

How are an expert's qualifications and the relevance and reliability of the expert's opinions assessed by courts? What do attorneys expect from experts and what do experts expect from attorneys? A panel of attorneys and valuation experts discuss the criteria for expert qualification, the methodological components of reliability and offer guidance on avoiding pitfalls and bad opinions when working with experts. The panel also provides recent statistics on Daubert challenges.

This panel will discuss the meaning of “reasonably equivalent value” and recent cases involving interest involving fraudulent transfers.

Litigating the Cramdown Rate “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.

Financial projections are the foundation for most enterprise valuation. How much deference should management projections be accorded? How do you determine whether projections are unrealistically optimistic or pessimistic? What is the relevance of "market consensus"? How do management's incentives impact projections? Hear what this ABI panel of experts has to say on business projections and more at this live webinar. Approved for 1.0 CLE hours in CA, GA, HI, IL, NY (approved jurisdiction policy) SC, TX. Pending in DE, FL, PA, TN