On-Demand Learning

Transcripts

Recorded on: Jun. 10, 2013

JONATHAN L. MECHANIC: The next part of the program, we're going to be talking to you about lending and things we're seeing in the lending market, today. We have, with us, two friends and outstanding members of the bar, Lou Hait, who is a partner at Kaye Scholer, who I've had the opportunity to spend a lot of quality time with this past year. And Lou has been very active in some of the major loan transactions in New York, little properties like a ...

Recorded on: Jun. 6, 2013

DAVID M. LYNN: All right, welcome back. We're here for the afternoon session. And the first topic we're going to talk about this afternoon is corporate governance. And obviously, in the totality of considerations around the world, in terms of capital markets access, corporate governance has become very much integral to decisions that issuers make and investors make with regard to securities and investments. And so, we've assembled here a great panel ...

Recorded on: Jun. 6, 2013

PAUL M. DUDEK: OK. Welcome back to you on the web and to you in the room here in New York at the Global Capital Markets 2013. Our next panel is a perennial favorite, focusing on IFRS and other accounting matters. And we have an all-star panel, I think, of commenters and panelists to address issues relating to IFRS and other accounting issues that face foreign private issuers in the United States. To David's right, we have Wayne Carnall, who is a ...

Recorded on: Jun. 6, 2013

IAN FEINBERG: OK. I'm going to assume-- oh. We go. OK. Welcome back those of you who are still here. Our next speaker is Joseph Lavelle. He is a patent lawyer focusing primarily on the preparation and trial of patent infringement cases. By the way, he also has a reg number, meaning he's also license under the PTO. He's handled a number of appeals to the Court of Appeals for the Federal Circuit. He's an author, teacher, and lecturer regarding antitrust ...

Recorded on: Jun. 6, 2013

SPEAKER 1: All right, now. JOSHUA M. MASUR: OK. Actually, it's funny because I think the reason that I'm here is that I'm one of the few people who, when they're told they are being asked to talk about complaints and answers for an hour, says only an hour? And in fact, it looks like I'm going to get a little more than an hour with you. So that will be even more fun. And I think we're going to continue the tradition that we've started already of ...

Recorded on: Jun. 6, 2013

DAVID M. LYNN: OK, now we're back with the next panel, and in this panel, we're going to shift focus to issues with broker dealers, investment advisers, funds, and more generally, the issues that we see in global capital markets with derivatives regulation. And so I have a great panel here to talk about these issues. To my right is Susan Ervin, who's a partner at Davis Polk and Wardwell, and she has held senior positions at both the SEC and CFTC. ...

Recorded on: Jun. 6, 2013

GARY M. HNATH: Good afternoon, everybody. My name is Gary Hnath, and it's my great pleasure to talk to you about Section 337 cases at the ITC. How many of you have are familiar with the use of the ITC as a place to enforce patents? A few people. If I asked that question three or four years ago, people would put probably maybe one or two hands in the audience. But it is becoming increasingly important. Just yesterday, around 4 o'clock morning, we ...

Recorded on: Jun. 6, 2013

IAN FEINBERG: So our first two programs today are "Patent Prosecution for Litigators" and "Elements and Burdens in a Patent Infringement Case and the Defendant's Response." Our first speaker on patent prosecution for litigators is Sanjeet Dutta. Sanjeet is a partner in King & Spalding's Silicon Valley office. His practice focuses on patent litigation, patent prosecution, license agreements, and IP diligence and audits. He's ...

Recorded on: Jun. 6, 2013

DAVID M. LYNN: Thank you very much, Lori. The last panel here for today is to discuss enforcement developments. And we're focused on things that are going on, particularly in terms of CC and Justice Department enforcement, enforcement issues around the globe. I'm really pleased with the panel we have here today to discuss these issues, who have a great deal of perspective on this. To my right, starting to my right, Greg Andres, who is with Davis ...

Recorded on: Jun. 6, 2013

PAUL M. DUDEK: This is our panel on hot topics-- annual great panel, where we have practitioners going through both in house and outside counsel, focusing on what are the issues that they highlight for their clients in capital markets, especially foreign companies coming to the US market, neither exempt basis or on a fully registered basis. We can't have a better panel. Next to David, we have Anna Pinedo, who is a partner, along with David, at the ...

Recorded on: Jun. 6, 2013

IAN N. FEINBERG: Welcome back. So because of our little schedule shift-- and actually, as I looked at the schedule, we probably should have done it in this order rather than the scheduled order-- we're now going to have our program on the Markman process and hearing. And our speaker is Madison Jellins, who has more than 20 years of experience in patent litigation and strategic counseling, mostly in the pharmaceutical and medical device clients. So ...

Recorded on: Jun. 6, 2013

IAN N. FEINBERG: Welcome back. We have a slight change in plans, and the change in plans occurred about 90 seconds ago. So we're going to do the anatomy and timeline for a district court patent infringement case. Hopefully, our speaker for Markman will come later. These programs are interchangeable in terms of which comes first. In many ways, maybe this one should have gone first. But that's what we're going to do. So as much as Josh talked to you, ...

Recorded on: Jun. 5, 2013

RAJ TANDEN: Thanks, everyone, for returning. We're now going to turn to capital structure considerations. We have a couple of great speakers to discuss this topic. We've got Bill Brentani, who is a partner of Simpson Thatcher, & Bartlett in Palo Alto in the firm's corporate finance department. His practice focuses on representing issuers and underwriters in connection with a variety of public and private debt and equity offerings, including high ...

Recorded on: Jun. 5, 2013

RAJ TANDEN: OK, I think people are still streaming in. But we need to get started. We are going to be covering practical and ethical considerations for corporate transactions today. There's a handout, a PowerPoint that we'll be going through. Hopefully each of you has received this. I did put copies at the right side of the tables. If you could hand those down if you haven't gotten them. They're all over the place. So hopefully you get your hands ...

Recorded on: Jun. 5, 2013

KIRSTEN S. AUNAPU: OK, great, I'd like to welcome our next speakers, Todd Rosen and Doug Bodel. The subject will be Solvency, Restructuring, and Bankruptcy. It'll be a 60-minute segment followed by lunch. I'd like to welcome back first, Todd Rosen, has been a speaker for this segment for the past couple of years. Todd is a bankruptcy partner in the Los Angeles office of Munger, Tolles, & Olson. Todd joined the firm in 2004 after working as an ...

Recorded on: Jun. 5, 2013

KIRSTEN AUNAPU: OK. Well, welcome back to our next segment on managerial accounting. I'd like to introduce to you our speaker. Dr. Kelly Richmond Pope is a CPA and also the Associate Professor at the School of Accountancy and Management Information Systems at DePaul University. She's also the founder of Helios Digital Learning, Inc., an educational media company that offers a suite of educational consulting and training products and services designed ...

Recorded on: Jun. 5, 2013

SPEAKER 1: --for the Pocket MBA program, which is securities fraud litigation, recent trends and practical tips. We're lucky to have Dan Dooley, Sr., CPA, who was a former partner retired in the firm of PricewaterhouseCoopers, where he was the global leader of the firm's securities litigation and investigations consulting practice. As an audit partner, he performed examinations of companies in a wide-range of industries and sectors, including computers ...

Recorded on: Jun. 5, 2013

KIRSTEN S. AUNAPU: OK, great. Welcome back to day two of PLI's Pocket MBA Finance for Attorneys. And we're going to start off today with a session on the basics of valuation, principles, and methodology. So please welcome back Ken Herzinger to the panel. He's been the speaker on this topic for the past couple of years, and we're happy to have him again. Ken is a partner in Orrick's San Francisco office, is a member of the securities litigation, and ...

Recorded on: Jun. 5, 2013

KIRSTEN AUNAPU: So with that, I will introduce our first speaker, Oz Karan. Oz is the senior manager at Deloitte & Touche. He's in the accounting, evaluation, and analytics practice here in San Francisco. He has over nine years of accounting, valuation, and project management experience with a focus on banking and securities and consumer business clients. He has technical expertise in accounting and reporting for derivatives and hedging activities, ...

Recorded on: Jun. 5, 2013

RAJ TANDEN: Welcome back, everyone, for the afternoon session. I hope you enjoyed the morning session. Just to remind everyone, we're here for the Pocket MBA 2013, finance for lawyers. And continuing with that theme, we're going to be covering practical elements of finance this afternoon. We have Jennifer Blouin and Dubravka Tosic from the Wharton School and ERS Group, respectively. Jennifer is an associate professor of accounting in the Wharton ...

Recorded on: Jun. 5, 2013

KIRSTEN AUNAPU: OK, great. Welcome back everyone. I'd like to welcome you to our next section, which is called A Detailed Look at Basic Financial Statements. We have two additional speakers from Deloitte. I'm pleased to announce my partner Sally Ann Flood. Sally Ann's the leader of our Bay Area real estate audit practice, here in San Francisco. And she's a national leader for the real estate funds in the US. She has more than 19 years of professional ...

Recorded on: Jun. 5, 2013

RAJ TANDEN: All right. So we're going to get started here. We're on to our last panel, which is Closing Business Transactions. We have Andrew Wiederhorn, who is the CEO of Fatburger. Previously, Andy founded and served as the CEO of Wilshire Credit Corporation, and by the age of 32 amassed a fortune estimated to be worth $140 million. From there, he founded Fogcutter Capital Group, which invested in a diverse range of equity, corporate, debt, and ...

Recorded on: Jun. 4, 2013

ROBERT A. FIPPINGER: All right, we'll start again, Maurine. MAURINE R. BARTLETT: Yes. Rather than getting into the municipal advisor section for the first three prongs and then taking a break and everyone forgetting, the interlocking definitions are complicated enough without trying to do that. So we'll just take it from the top. I'd like to begin by noting that although the Municipal Advisory Registration Provision became effective on October 1, ...

Recorded on: Jun. 4, 2013

LAUREN E. NOCHTA: It is now my pleasure to introduce you to the moderator of our first two panels, Robert Fippinger. Robert is a senior counsel in the New York office of Orrick, where he specializes in the securities law of public finance. He's the author of the third edition of PLI's "The Securities Law of Public Finance Treatise," which, in prior editions has been updated annually for 20 years. He is currently serving as a member of the ...

Recorded on: Jun. 3, 2013

GREGORY P. WILLIAMS: So let's start with the defensive mechanism of the year. Every year it seems like there's some little deal protection mechanism that gets a lot of publicity, gets a lot of attention in the case law. This past year it's been don't ask, don't waive standstills. And Ted will it take us through that topic. THEODORE N. MIRVIS: Thank you, Greg. I think it is fair to say that don't ask, don't waive is perhaps the sleeper series winner ...