Business

The challenges and difficulties of avoiding leveraged buyout transactions, covering emerging law involving LBOs including application of the § 546(e) safe harbor and collapsing such undertakings.

The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.

Discussion of trends and forecasts in energy industry; introduction to the fundamentals of oil and gas investing and relevant legal/business issues

Selection of CRO and establishment of a scope and chain of command; role of CRO and other officers in intercompany disputes in multi-debtor cases; negotiating pre- and post-confirmation equity/incentives for officers and directors; selecting a post-confirmation board of directors; issues and actions constituting “cause” for appointment of trustee or examiner motion; appointment and role of examiner in recent cases (Rescap, Dewey, Dynegy)

Past valuation panels have focused on the three traditional methods for determining the enterprise value of an operating business: DCF, comparable company and comparable transaction. This panel will focus on sources of value or reductions in value that are sometimes disregarded, such as excess cash and working capital, underutilized real estate and hard assets, claims and other contingent assets, insurance claims, intellectual property portfolios, discontinued businesses and NOLs. Normalizing adjustments are also discussed, including those related to above-market compensation, insider contracts, and underinvestment in capital plan and brand equity

Much has changed in the world of corporate restructuring since the Bankruptcy Code was passed in 1978. ABI's review commission has been operating since last April, gathering information about whether and how corporate bankruptcy law could be reformed to make the process more effective and result in greater maximization of values for all stakeholders. Hear about the process, and the policies under review, from the Commission co-chair and three others from the 20-member Commission.

How to manage the public side of a chapter 11 case, dealing with customers, vendors, employees, union members, press, shareholders, etc.; use of websites and public relations firms; FAQs; comfort orders and confidentiality restrictions

A panel of judges will discuss current issues that divide the circuits and other hot topics relevant to both consumer and business bankruptcy practitioners.

The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors