2015 Mid-level Professional Development Program

A timely and wide-ranging keynote discussion among leading professionals, market advisors and educators concerning current and future economic trends, predictions about the high yield and leveraged lending markets going forward and what it all means for restructuring practice in the short and long term.

Join a distinguished and experienced group of panelists as they discuss the recognition process and cross-border nuances of chapter 15, including how to prepare a chapter 15 case, strategic considerations and advising non-U.S. clients about the risks and benefits of the chapter 15 recognition process, as well as the cutting-edge legal issues that have arisen now that cross-border insolvencies and chapter 15 have become more prevalent.

This panel will focus on the current challenging market for restructuring professionals. The faculty will share their insights into how they have maintained their practices during the current industry downturn and will tackle a broad range of questions and topics, including: What are the reasons for the downturn, and what, if anything, can restructuring professionals do to stem the downturn? How has the downturn impacted competition for clients, and what are some tips for distinguishing yourself? How do you stay relevant within your own firm to ensure that you are selected to work on restructuring matters? Is there any advice for younger professionals who are in the early stages of trying to build a career in this field? Have restructuring professionals sought new types of clients or types of restructuring work, or do some now work in entirely different practice areas? If not, should they?

Municipal bankruptcy has moved to the forefront of the restructuring world; every day seems to bring a new filing or precedent. A battle-tested group of restructuring professionals on the front lines of municipal bankruptcy will provide a “back to basics” look at chapter 9 and will discuss recent developments and future trends in municipal bankruptcies, as well as their role and place in the world of restructuring professionals.

The recent liquidations of Lehman, MF Global and Madoff under the Securities Investor Protection Act of 1970 (SIPA) are unprecedented in their size and complexity, and have changed the landscape of broker/dealer liquidations. This panel will discuss the nuts and bolts of liquidations under SIPA, the ways in which they differ from chapter 11 cases, and the impact of recent decisions in this area.

Careers in professional restructuring services are both challenging and rewarding, and evaluating strategic career moves can be equally as taxing. The panelists will provide their diverse perspectives on career paths in the restructuring world, offer practical advice for assessing potential opportunities in today’s restructuring market, and share their reflections on their own decisions to stay the course or to take on new challenges in their restructuring careers.

Nearly two years have passed since Judge Walrath's September 2011 decision in Washington Mutual threatened to drastically alter the landscape of high-level financial restructuring negotiations. Since then, there have been few further developments in the case law to guide would-be participants in such negotiations. This panel will explore the legal and practical implications of obtaining confidential information in the course of restructuring transaction negotiations, including (1) whether the WaMu decision has had any lasting effects, or whether it has been superseded by subsequent events both in the WaMu case itself and in other major restructuring transactions; (2) how principals and professionals can best protect themselves in negotiating confidentiality agreements; and (3) the requirements for effective "cleansing" when settlement negotiations break down.

Are any financial institutions “too big to fail”? Since the financial crisis of 2008, governments, financial institutions, practitioners and academics have debated, proposed and in some instances implemented provisions to reduce the likelihood that a failure by a systemically important financial institution would cause systemic risk. This panel will discuss the failures of U.S. financial institutions and the current and prospective measures to facilitate the resolution of these institutions without transmitting risk to the U.S. financial system.

The issue of "double-dipping", wherein a creditor is able to increase its recovery by multiplying its allowed claim against a particular entity or asserting claims against multiple entities, has been prevalent in a number of recent restructurings, including American Airlines, Lehman Brothers, CIT Group Inc., Smurfit-Stone Container Corp. and AbitibiBowater Inc. This panel will address the concept of "double-dipping", the scenarios under which it arises and their experience in dealing with the issue in various cases.