Seminar  Seminar

Spin-offs 2014


Select a Location:

Why you should attend

Business separation transactions represent a substantial portion of all M&A transactions.  Many of these take the form of spin-offs, equity carve-outs and similar architectures not involving an outright sale.  But what is a spin-off, what makes it different from other types of business separation transactions, and why are people doing more of them?  This program will provide an in-depth perspective on the factors that drive the recent trend towards business disaggregation, the fiduciary duties of directors in considering and approving spin-offs, and the latest developments in the complex requirements that apply to spin-offs under federal securities and tax laws.  In addition, emphasis will be given to practical obstacles and pitfalls in structuring and executing spin-offs, such as those arising in connection with contracts, intellectual property and employee benefits.

What you will learn

  • Strategic and other factors motivating companies to spin off business units
  • Different architectures for accomplishing transaction objectives
  • What directors need to do in order to comply with their fiduciary duties when considering and approving spin-offs
  • Recent developments in structuring spin-offs that are tax-free and exempt from Securities Act registration
  • How to navigate vexing business separation issues, such as transitioning of personnel and related compensation issues, fraudulent conveyance, anti-assignment clauses in contracts and allocation of intellectual property

Who should attend

This program is geared to attorneys in private practice, in-house counsel and other business professionals who seek to understand spin-off transactions and their structuring and execution from a practical perspective.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 The Decision to Separate

  • Business and financial factors – synergies and costs
  • Activist investors as a catalyst
  • Different separation transactions for particular objectives, including split-offs, equity carve-outs and reverse Morris trust transactions
  • Fiduciary duties of directors and the role of advisers
  • Fraudulent conveyance/insolvency concerns

Richard Casavechia, David K. Lam, Lisa M. Schweitzer

10:15 Designing the Spin-off

  • Detailed architectures for implementation of separation transactions
  • Securities law requirements
  • Accounting and reporting issues
  • Tax considerations and recent developments in IRS practice

Nicole J. Pinder, Eric L. Schiele, Sally A. Thurston

11:15 Networking Break

11:30 Executing the Spin-off: Special Issues

  • Navigating debt covenants and contracts
  • Shared assets and intellectual property – avoiding traps for the unwary
  • Treatment of employees and compensation issues

Jennifer S. Conway, Beth E. Flaming

12:30 Program Adjourns

Chairperson(s)
Paul J. Shim ~ Cleary Gottlieb Steen & Hamilton LLP
Speaker(s)
Richard M. Casavechia ~ JPMorgan Securities Inc
Jennifer S. Conway ~ Cravath Swaine & Moore LLP
Beth E. Flaming ~ Sidley Austin LLP
David K. Lam ~ Partner, Wachtell, Lipton, Rosen & Katz
Nicole J. Pinder ~ PricewaterhouseCoopers LLP
Eric L. Schiele ~ Cravath, Swaine & Moore LLP
Lisa M. Schweitzer ~ Cleary Gottlieb Steen & Hamilton LLP
Sally A. Thurston ~ Skadden, Arps, Slate, Meagher & Flom LLP
Program Attorney(s)
Lauren E. Nochta ~ Program Attorney, Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (at 48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036.  Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute.  You can also book online at https://gc.synxis.com/rez.aspx?Hotel=26750&Chain=10179&promo=PRLW.

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569.  When calling, please mention Practising Law Institute.  You can also book online at https://gc.synxis.com/rez.aspx?Hotel=11533&Chain=5303&promo=PLAW.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

This is a webcast of the live New York session.

Why you should attend

Business separation transactions represent a substantial portion of all M&A transactions.  Many of these take the form of spin-offs, equity carve-outs and similar architectures not involving an outright sale.  But what is a spin-off, what makes it different from other types of business separation transactions, and why are people doing more of them?  This program will provide an in-depth perspective on the factors that drive the recent trend towards business disaggregation, the fiduciary duties of directors in considering and approving spin-offs, and the latest developments in the complex requirements that apply to spin-offs under federal securities and tax laws.  In addition, emphasis will be given to practical obstacles and pitfalls in structuring and executing spin-offs, such as those arising in connection with contracts, intellectual property and employee benefits.

What you will learn

  • Strategic and other factors motivating companies to spin off business units
  • Different architectures for accomplishing transaction objectives
  • What directors need to do in order to comply with their fiduciary duties when considering and approving spin-offs
  • Recent developments in structuring spin-offs that are tax-free and exempt from Securities Act registration
  • How to navigate vexing business separation issues, such as transitioning of personnel and related compensation issues, fraudulent conveyance, anti-assignment clauses in contracts and allocation of intellectual property

Who should attend

This program is geared to attorneys in private practice, in-house counsel and other business professionals who seek to understand spin-off transactions and their structuring and execution from a practical perspective.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Program Schedule To Come
Chairperson(s)
Paul J. Shim ~ Cleary Gottlieb Steen & Hamilton LLP
Speaker(s)
Richard M. Casavechia ~ JPMorgan Securities Inc
Jennifer S. Conway ~ Cravath Swaine & Moore LLP
Beth E. Flaming ~ Sidley Austin LLP
David K. Lam ~ Partner, Wachtell, Lipton, Rosen & Katz
Nicole J. Pinder ~ PricewaterhouseCoopers LLP
Eric L. Schiele ~ Cravath, Swaine & Moore LLP
Lisa M. Schweitzer ~ Cleary Gottlieb Steen & Hamilton LLP
Sally A. Thurston ~ Skadden, Arps, Slate, Meagher & Flom LLP
Program Attorney(s)
Lauren E. Nochta ~ Program Attorney, Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Why you should attend

Business separation transactions represent a substantial portion of all M&A transactions.  Many of these take the form of spin-offs, equity carve-outs and similar architectures not involving an outright sale.  But what is a spin-off, what makes it different from other types of business separation transactions, and why are people doing more of them?  This program will provide an in-depth perspective on the factors that drive the recent trend towards business disaggregation, the fiduciary duties of directors in considering and approving spin-offs, and the latest developments in the complex requirements that apply to spin-offs under federal securities and tax laws.  In addition, emphasis will be given to practical obstacles and pitfalls in structuring and executing spin-offs, such as those arising in connection with contracts, intellectual property and employee benefits.

What you will learn

  • Strategic and other factors motivating companies to spin off business units
  • Different architectures for accomplishing transaction objectives
  • What directors need to do in order to comply with their fiduciary duties when considering and approving spin-offs
  • Recent developments in structuring spin-offs that are tax-free and exempt from Securities Act registration
  • How to navigate vexing business separation issues, such as transitioning of personnel and related compensation issues, fraudulent conveyance, anti-assignment clauses in contracts and allocation of intellectual property

Who should attend

This program is geared to attorneys in private practice, in-house counsel and other business professionals who seek to understand spin-off transactions and their structuring and execution from a practical perspective.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 The Decision to Separate

  • Business and financial factors – synergies and costs
  • Activist investors as a catalyst
  • Different separation transactions for particular objectives, including split-offs, equity carve-outs and reverse Morris trust transactions
  • Fiduciary duties of directors and the role of advisers
  • Fraudulent conveyance/insolvency concerns

Richard Casavechia, David K. Lam, Lisa M. Schweitzer

10:15 Designing the Spin-off

  • Detailed architectures for implementation of separation transactions
  • Securities law requirements
  • Accounting and reporting issues
  • Tax considerations and recent developments in IRS practice

Nicole J. Pinder, Eric L. Schiele, Sally A. Thurston

11:15 Networking Break

11:30 Executing the Spin-off: Special Issues

  • Navigating debt covenants and contracts
  • Shared assets and intellectual property – avoiding traps for the unwary
  • Treatment of employees and compensation issues

Jennifer S. Conway, Beth E. Flaming

12:30 Program Adjourns

Speaker(s)
Richard M. Casavechia ~ JPMorgan Securities Inc
Jennifer S. Conway ~ Cravath Swaine & Moore LLP
Beth E. Flaming ~ Sidley Austin LLP
David K. Lam ~ Partner, Wachtell, Lipton, Rosen & Katz
Nicole J. Pinder ~ PricewaterhouseCoopers LLP
Eric L. Schiele ~ Cravath, Swaine & Moore LLP
Lisa M. Schweitzer ~ Cleary Gottlieb Steen & Hamilton LLP
Sally A. Thurston ~ Skadden, Arps, Slate, Meagher & Flom LLP
Program Attorney(s)
Lauren E. Nochta ~ Program Attorney, Practising Law Institute
Columbus Groupcast Location

Columbus Bar Association, 175 S. Third Street, Suite 1100, Columbus, OH 43215. Phone: 614-221-4112, FAX: (614) 340-2081.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Co-Sponsored by Atlanta Bar Association

Attendees in Atlanta will view the program via Groupcast at the offices of the Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, Georgia, 30303-1601. With PLI’s Groupcasts you'll instantaneously receive streaming audio/video of the live program and be able to submit your questions electronically. At these locations you’ll also receive the printed Course Handbook upon arriving.


Why you should attend

Business separation transactions represent a substantial portion of all M&A transactions.  Many of these take the form of spin-offs, equity carve-outs and similar architectures not involving an outright sale.  But what is a spin-off, what makes it different from other types of business separation transactions, and why are people doing more of them?  This program will provide an in-depth perspective on the factors that drive the recent trend towards business disaggregation, the fiduciary duties of directors in considering and approving spin-offs, and the latest developments in the complex requirements that apply to spin-offs under federal securities and tax laws.  In addition, emphasis will be given to practical obstacles and pitfalls in structuring and executing spin-offs, such as those arising in connection with contracts, intellectual property and employee benefits.

What you will learn

  • Strategic and other factors motivating companies to spin off business units
  • Different architectures for accomplishing transaction objectives
  • What directors need to do in order to comply with their fiduciary duties when considering and approving spin-offs
  • Recent developments in structuring spin-offs that are tax-free and exempt from Securities Act registration
  • How to navigate vexing business separation issues, such as transitioning of personnel and related compensation issues, fraudulent conveyance, anti-assignment clauses in contracts and allocation of intellectual property

Who should attend

This program is geared to attorneys in private practice, in-house counsel and other business professionals who seek to understand spin-off transactions and their structuring and execution from a practical perspective.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 The Decision to Separate

  • Business and financial factors – synergies and costs
  • Activist investors as a catalyst
  • Different separation transactions for particular objectives, including split-offs, equity carve-outs and reverse Morris trust transactions
  • Fiduciary duties of directors and the role of advisers
  • Fraudulent conveyance/insolvency concerns

Richard Casavechia, David K. Lam, Lisa M. Schweitzer

10:15 Designing the Spin-off

  • Detailed architectures for implementation of separation transactions
  • Securities law requirements
  • Accounting and reporting issues
  • Tax considerations and recent developments in IRS practice

Nicole J. Pinder, Eric L. Schiele, Sally A. Thurston

11:15 Networking Break

11:30 Executing the Spin-off: Special Issues

  • Navigating debt covenants and contracts
  • Shared assets and intellectual property – avoiding traps for the unwary
  • Treatment of employees and compensation issues

Jennifer S. Conway, Beth E. Flaming

12:30 Program Adjourns

Speaker(s)
Richard M. Casavechia ~ JPMorgan Securities Inc
Jennifer S. Conway ~ Cravath Swaine & Moore LLP
Beth E. Flaming ~ Sidley Austin LLP
David K. Lam ~ Partner, Wachtell, Lipton, Rosen & Katz
Nicole J. Pinder ~ PricewaterhouseCoopers LLP
Eric L. Schiele ~ Cravath, Swaine & Moore LLP
Lisa M. Schweitzer ~ Cleary Gottlieb Steen & Hamilton LLP
Sally A. Thurston ~ Skadden, Arps, Slate, Meagher & Flom LLP
Program Attorney(s)
Lauren E. Nochta ~ Program Attorney, Practising Law Institute

Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Related Items

Handbook  Course Handbook Archive

Spin-offs 2014  
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