Business

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. In this 90-minute webinar, several members of the Commission and the official reporter will present the key findings as submitted to Congress. Written materials will be provided.

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.

a. terminations (convenience/default) b. effect of FAR bankruptcy clause c. subprime/prime issues: rights of the subcontractor when the prime contractor files d. novation e. assignment of government contracts receivables f. effect of Assignment of Claims Act/UCC Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt

a. the automatic stay and relief from the stay b. discrimination against the debtor, and how that affects termination c. setoff/recoupment d. buying assets in bankruptcy e. executory contracts issues f. claims by government agencies g. adversary proceedings and other litigation with the government h. employee claims i. interactions with the DOL, DOJ, etc. Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt

This panel will discuss the assessment of a subject company and its situation, the nature of the assets in the distressed situation (i.e., company-specific or endemic of the industry), and other considerations for valuing companies in distress.

Madoff: Ponzi Presentation

This panel will discuss common issues that arise in a § 363 sale, including timing issues, typical marketing programs (or conversely, no-shop clauses), bid procedures, break-up fees and bid-protection provisions. The panel might also touch on critical-vendor provisions, employee incentive programs, claw-back and true-up provisions, and successor liability clauses, as well as the applicability of the various subsections in § 363(f).

This panel will examine a multitude of issues involved in financing a chapter 11 exit, including the complications caused by a § 1111(b) election and plan treatment options. Feasibility issues, including balloon provisions and deed-in-lieu clauses, will also be discussed, as well as issues that arise when determining whether a plan is fair and equitable, including deferred payment clauses, interest rates, negative amortization, partial surrender of collateral, carve-outs and differing treatment of trade claims. Dirt-for-debt proposals might also be discussed, along with issues involving indubitable equivalence.

This panel will discuss applicable federal and state laws, case studies, transactions in regards to actual vs. constructive fraud, tests for constructive fraudulent transfers, and professional liability.