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2011 Practice Highlights: A. Purchase Money Security Interest (PMSI) and Consignment Transactions; B. Default and Enforcement; C. Bankruptcy

Transcripts  Transcripts    

Recorded on: Jan. 20, 2011

SPEAKER 1: OK, welcome back from your break. On our next topic, we're going to cover Purchase Money Security Interest and Consignments. And for this presentation, I'm proud to introduce Ken Karl from Sheppard Mullin in Los Angeles and I thank him for flying out here. And as you may remember this morning, I introduced one of the speakers and told you that he'd given me my first job out of law school. Well, Ken has done something slightly even more ...

A. Default and Enforcement B. Bankruptcy C. How the Uniform Commercial Code Affects Your Business: Applying Articles 1, 8 and 9 to Non-Financing Transactions

Transcripts  Transcripts    

Recorded on: Jan. 16, 2014

KENNETH CHIN: Welcome back. So for this segment of the presentation, I want to introduce the next two speakers. One is Ken Carl, who is a partner at Sheppard Mullin. And he will talk about enforcing security interest under Article 9. After you've figured out-- you're perfected in everything, now the borrower doesn't pay. Then what? And immediately following him will be Kristen Campana, who is a partner at Bracewell Giuliani. And she's going to tell ...

Abbreviated Debt Tender Offers and Other Liability Management Developments

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Recorded on: Jun. 24, 2015

Taken from the briefing Abbreviated Debt Tender Offers and Other Liability Management Developments recorded June, 2015 in New York. A recently issued SEC no-action letter provides for an abbreviated approach to tender offers and exchange offers involving non-convertible debt securities provided certain conditions are met. The new guidance may offer increased flexibility to issuers that are considering restructuring their liabilities. Issuers ...

Bankruptcy & Reorganizations 2015: Current Developments

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From the program: Bankruptcy & Reorganizations 2015: Current Developments

Released on: May. 12, 2015

Staying abreast of the current developments in restructuring, bankruptcy and reorganizations is essential, and this advanced conference assembles a remarkable faculty of bankruptcy judges and leading practitioners who will provide you with a thorough review and analysis of hot topics and recent decisions in diverse industries. They will cover the Supreme Court’s decisions of Stern v. Marshall and Bellingham, and their practical implications ...

Acquiring Assets from the Debtor Estate, IP Issues, Corporate Governance and Bankruptcy Ethics

Transcripts  Transcripts    

Recorded on: Apr. 20, 2011

JOSEPH SAMET: Welcome back. In Volume Two of our book, there are two articles on the duties of officers and directors, one starting at page 485 and Jane's article starting at page 501. Everything you want to know about officers and directors, duties, liabilities, and theories is in there. But we'll amplify and give you more of a sense of that and what the trends are. After spending some time on officer, director, liability, fiduciary duties, we'll ...

Acquisition Finance Update

Transcripts  Transcripts    

Recorded on: May. 14, 2014

PATRICK J. RYAN: Welcome back, everyone. We're going to move on to our next panel, which is our acquisition finance update. And I'll just spend a minute introducing our panelists. Immediately to David's left is Byung Choi, who is a partner at Ropes & Gray and is co-head of the firm's Finance practice group. To Byung's left is Ann Makich, who is partner at Cahill Gordon and a member of their corporate group, obviously. And finally, at the end, ...

Asset Based Financing Foundations

Transcripts  Transcripts    

Recorded on: Mar. 4, 2014

DANIELLE COHEN: It's my pleasure to introduce to you the chair of today's program, Edwin Smith. Ed is a partner in the New York City and Boston offices of Bingham McCutchen, where he concentrates his practice in general commercial and insolvency law. In addition, he is a member of the teaching faculty at the Morin Center for Banking Law Studies at Boston University Law School, where he has taught secure transactions and teaches transnational lending ...

Asset Based Financing Strategies 2015

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From the program: Asset Based Financing Strategies 2015

Released on: Mar. 13, 2015

Asset based financing is a key source of credit for small and medium-size companies and for some larger, publicly traded companies as well. In contrast to equity financing where ownership in the company is diluted, asset-based financing allows companies to borrow funds against their own assets as collateral to generate cash for working capital and capital acquisitions. In structuring these loans, lenders rely on their collateral as their ultimate ...

Assumption of Rejection of Executory Contracts and Unexpired Leases

Transcripts  Transcripts    

Recorded on: Nov. 6, 2012

HOWARD J. WEG: All right. Welcome back, everybody. We're into the home stretch. I saved the best for last, I'd like to think. This particular panel is going to cover the topic of executory contracts and unexpired leases. My co-panelist, Ali Mojdehi, from Cooley Godward in San Diego's office has come up here to participate. And we've sort of divided the various topics that we're going to cover into smaller little bites, so I'll speak, then Ali will ...

"Avoiding Powers" - Augmentation of the Estate

Transcripts  Transcripts    

Recorded on: Nov. 6, 2012

HOWARD WEG: We're getting ready to start. Good morning. And welcome back, everyone. Very often, your first encounter with insolvency or bankruptcy proceedings is when a client calls up you up and said, I got a letter from some bankruptcy lawyer saying if we don't pay back some amount we've been paid for goods we sold six months ago-- three months ago-- some period in the past-- they're going to sue us. And that's what we call avoiding powers. There's ...

"Avoiding Powers" - Augmentation of the Estate

Transcripts  Transcripts    

Recorded on: Nov. 21, 2011

HOWARD WEG: Welcome back, everyone, and good morning. Today we are on day two of our journey through learning the nuts and bolts of corporate bankruptcy law, an interesting and fun journey for those of us who practice in the area. I again want to encourage those in the PLI studio audience and those listening on the web to ask questions if you're here and type questions into the computer access that they give you for the web participants, and I will ...

Bankruptcy

Transcripts  Transcripts    

Recorded on: Mar. 4, 2014

EDWIN E. SMITH: We're back. We've just talked about intercreditor agreements, and enforcement of remedies under Article 9. But, of course, we all know that the ultimate test of a security interest in an asset-based loan is in bankruptcy. So we're going to be talking about what happens when the debtor files for bankruptcy. And just to give you a glimpse of what we're going to talk about, it's going to be the automatic stay, adequate protection, use ...

Bankruptcy

Transcripts  Transcripts    

Recorded on: Mar. 2, 2015

EDWIN SMITH: Now, let me introduce who we have here. On my far left is not Doug Taber. Doug Taber had a conflict, and Peter Montoni, who is executive council at General Electric Capital Corporation has agreed to jump in. Peter works in the same group as Doug and is very knowledgeable in this area. And then we also have June Basden of Carruthers and Roth with us. And June does a lot of work in this area as well. She's a member of the American College ...

Bankruptcy, Restructurings and Workouts

Transcripts  Transcripts    

Recorded on: Nov. 24, 2014

ELLIOT L. HURWITZ: OK, welcome back, everyone. This is the 3:30 segment on bankruptcy and restructuring, which will conclude at 5:00 PM. And we have a great group here. I want to introduce our panelists. First, on my right is Jackie Marcus from Weil, Gotshal & Manges. She's my former law partner. Jackie concentrates her practice in business reorganization, securitizations, and secure transaction. Since joining the firm in '82, she has represented ...

Bankruptcy, Restructurings and Workouts

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Recorded on: Nov. 24, 2014

Taken from the Web Program 16th Annual Commercial Real Estate Institute recorded November, 2014 in New York. Bankruptcy, Restructurings and Workouts [01:30:54] How the client’s goals determine appropriate strategy Pre-workout agreements, forbearance agreements Common deal terms in mortgage loan workouts Deeds in lieu: fraudulent transfer issues Cash flow mortgages; expedited sales of collateral Changes ...

Bankruptcy -- Hot Issues for Secured Creditors

Transcripts  Transcripts    

Recorded on: Mar. 18, 2013

EDWIN SMITH: It's very important that you do the evaluations. We look at those every year to try to determine who to keep on the panel and who to throw off. I'd now like to introduce, as my colleague on this session, June Basden, from Carruthers & Roth in Greensboro. JUNE BASDEN: And that's Greensboro, North Carolina. EDWIN SMITH: There we go. Right. And so we're here to talk about bankruptcy related issues for asset-based lenders. We're going ...

Bankruptcy Issues

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Recorded on: Feb. 23, 2012

LOTHAR DETERMANN: So, welcome back, everybody, to our program, IP Issues in Business Transactions. And following the exciting, fascinating topic of taxes, the only thing that could really top that is going to be bankruptcy. And we have a speaker here with Dave Kennedy, who is not only a bankruptcy expert, but also has a considerable amount of IP licensing and commercial expertise, and can help bridge both worlds. David has spoken at this program ...

Bankruptcy Issues

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Recorded on: May. 23, 2011

DR. LOTHAR DETERMANN: So welcome back everybody to the IP and business transactions program. We're going to go from worse to worst. We've just talked about taxes and now we're going into bankruptcy. But it's certainly something very important and something that with every transaction at the outside needs to be planned for. I have the great honor to introduce David Kennedy here, who is a rare breed in that he started out as a bankruptcy lawyer and ...

Bankruptcy & Reorganizations 2013: Current Developments -- Executory Contracts

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From the program: Bankruptcy & Reorganizations 2013: Current Developments

Recorded on: May. 1, 2013

Taken from the Web Program Bankruptcy & Reorganizations 2013: Current Developments recorded April, 2013 in New York.Lecture Topics  [01:05:08]Executory Contracts  [01:05:08] Current cases; Sunbeam cf. Lubrizol; Hostess Enforceability, if any, of post-petition performance Leases as disguised security agreements Retroactive lease rejections Treatment of IP, license and franchise agreements; § 365(n) cases Assumption or rejection ...

Basic Ethical Considerations in Bankruptcy

Transcripts  Transcripts    

Recorded on: Nov. 21, 2011

HOWARD J. WEG: All right, everyone, welcome back. The last hour and a quarter we're going to be covering the subject of the employee and compensation trustees and professionals in bankruptcy cases. And it's going to expand into the area of talking about when others, other interests, when creditors and the professionals might get compensated and how we treat prepetition claims for attorneys' fees, proofs of claims for them, objections to them as well, ...

Basic Ethical Considerations in Bankruptcy

Transcripts  Transcripts    

Recorded on: Nov. 6, 2012

HOWARD J. WEG: Welcome back everyone. So for the next 75 minutes we're going to discuss ethical considerations in bankruptcy, which as I referenced earlier will qualify for one hour and 15 minutes worth of MCLA credit toward your ethics segment of your MCLA obligations and requirements. We're going to cover two broad areas, generally speaking. We're going to talk about, today, the appointment and employment of professionals and trustees in bankruptcy ...

Chapter 11 Plan

Transcripts  Transcripts    

Recorded on: Nov. 6, 2012

HOWARD J. WEG: Welcome back everyone. Let's quiet down and get going. The next panel is going to address some more details with respect to the Chapter 11 and the Chapter 11 plan process, which culminates ultimately this afternoon's panel dealing with what the terms of a plan include and how you confirm the plan. But this is the important beginning of the process. We have our two speakers today-- Steve Felderstein and Megan Lewis-- and I turn it over ...

Default, Enforcement and Bankruptcy; UCC Considerations in Non-Financing Transactions

Transcripts  Transcripts    

Recorded on: Jan. 15, 2015

KENNETH CHIN: Well, welcome back. For our next speaker, I'm going to introduce Ken Carl. Ken is a partner at Sheppard, Mullin, Richter, and Hampton. He represents lenders and borrowers in financing transactions, loan workouts, and bankruptcies. For the past 28 years, he has worked on financing transactions. And he also has extensive experience in bank regulatory matters and frequently advises clients on California's usury prohibitions and exemptions. Ken ...

Default, Enforcement and Bankruptcy; UCC Considerations in Non-Financing Transactions

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Recorded on: Jan. 15, 2015

Taken from the Web Program Secured Transactions 2015: What Lawyers Need to Know About UCC Article 9 recorded January, 2015 in New York. Default, Enforcement and Bankruptcy; UCC Considerations in Non-Financing Transactions [01:49:58] A. Default and Enforcement Planning an exit strategy Has there been a default? Collecting deposit accounts Repossession and landlord waivers Intellectual property collateral Judicial ...

Documentation and Market Update

Transcripts  Transcripts    

Recorded on: Jan. 31, 2011

JOSEPH SAMET: --about that in the last hour. So let's talk just briefly about the state of the restructuring markets, capital markets, wall of debt, default rates. It turns out that there was a lot of talk that there would be major insolvencies in this last year. That hasn't happened. In 2008, there were, and they were the biggest cases. But life has changed. Bill, maybe you have some thoughts about what has transpired in the last couple of years, ...

Featured Faculty/Authors
Jae  Kim

Jae Kim ~ Senior Vice President and General Counsel, Rambus Inc.

Lori A. Richards

Lori A. Richards ~ Chief Compliance Officer, Asset Management Unit, JP Morgan & Co

Edwin E. Smith

Edwin E. Smith ~ Morgan Lewis & Bockius LLP