12-Hour Program

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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, including energy. They will also cover the Supreme Court’s decisions on jurisdiction and Jevic. The faculty will review recent cases and trends that affect your practice on behalf of debtors, vendors, bondholders, lenders, diverse groups of creditors, hedge funds, committees, labor, and parties to executory contracts, structured finance deals, sales and other transactions and there will be special focus on valuation, gifting, and structured dismissals. Equip yourself with strategies, litigation tactics, and mediation and negotiation skills you can use daily.

This program is designed for a wide range of restructuring, bankruptcy, reorganization and other transactional practitioners, litigators, in-house counsel and others who are involved in restructurings and insolvency cases. A basic knowledge of defaults, the Bankruptcy Code, rules and procedures is necessary. This program will help transactional, litigation, and IP lawyers prepare for and deal with defaults, restructurings, and sales of distressed assets, and experienced lawyers will benefit greatly.

Topics Include

  • Current legal and marketplace developments
  • Wellness Int’l, Stern v. Marshall, Bellingham, and subsequent appellate cases
  • Mediation best practices; arbitration and bankruptcy conflicts
  • Jevic, Radio Shack, Caesar’s, Lehman, General Motors, Madoff, Bayou, Tousa
  • Structured and complex finance developments
  • Corporate governance and the powers and duties of DIPs and of their boards; SPEs; D&O liability, insurance and damage issues — Deepening Insolvency
  • Ethics and civility in practice
  • Controversies on sales of assets free and clear under Sections 363 and 1129 and bid procedures and protections; credit bidding (Fisker et al) - successor liability (General Motors)
  • New developments regarding unsecured and secured claims and types of interest, make whole premiums, Momentive, fee allowance, and labor and pension issues and claims
  • Professional firm bankruptcies - "Unfinished Business" case developments; Heller; Coudert
  • Defenses to voidable preference attacks, including paid and unpaid new value and § 546(e)
  • Fraudulent conveyances, LBOs and safe harbors and conduits; section 546(e), "good faith," valuation issues; in pari delicto and Ponzi issues and defenses - Tribune, Lyondell and Madoff developments
  • Executory contracts, leases and IP transactional issues — § 365(n), structuring, assumption, rejection and “ride-through”; Sunbeam; drafting for success
  • Enforcing intercreditor agreements, subordination, voting, distribution and litigation issues (Momentive)
  • International and cross-border insolvencies, inbound and outbound; Vitro

Special Feature

  • Earn one hour of Ethics credit

Credit Details