Asset Sales

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.

Join our panel in exploring the intersection of bankruptcy and IP. Panelists will discuss the rights of a licensee when a licensor files for bankruptcy, the rights of a licensor when a licensee files for bankruptcy, and how such rights can impact secured creditors. Discussions will include copyright licenses, patent licenses and trademark licenses, including the Tempnology case that was recently granted certiorari by the Supreme Court. Where are there areas of litigation that is most likely to arise in bankruptcy? What about sample language for license agreements? Or issues that can arise in the context of distressed M&A? Join us to find out!

Bankruptcy sales differ in many respects from non-bankruptcy sales. This webinar highlights some of the unique provisions in the asset purchase agreement that may vary between a bankruptcy and non-bankruptcy sale that practitioners should be aware of when drafting and negotiating in the context of a bankruptcy sale, including, for example, applicability of covenants, conditions, indemnities and hold-backs.

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach. Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.

Hosted by the Asset Sales and Secured Credit Committees

Hosted by the Asset Sales Committee This webinar will provide an overview of key provisions to be included in Section 363 asset sale orders. Speakers will cover both a basic introduction to the topic, as well as an advanced discussion on issues such as “highest and best offers” and limitations on free and clear orders. The elements discussed will be relevant to various constituents including buyers, debtors and other parties in interest.

In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and timely bankruptcy issues.

Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.