Corporate Governance

NO CLE - Do Corporate Duties Still Exist? A Refresher (and Reminder)

The panel will discuss the fiduciary duties of officers and directors under Delaware and other applicable state law, including the duty of care and the duty of loyalty, when the business-judgment rule applies to the conduct of officers and directors, and when a higher standard (such as enhanced review or entire fairness) applies their conduct.

Free Session

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NO CLE - Attorneys and Advisors for All of Us: Representation of Directors and Managers in the Sale of Debtor Assets

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees

Free Session

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NO CLE - Hear from the CEOs: What Keeps Them Up at Night?

CEOs share their insights on the challenges facing the industry, the new innovations that will transform the industry, and how health care policy is expected to change, when it will change, what needs to change, and how politics plays into all of this!

Free Session

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NO CLE - Caribbean Track: Strategic Use of Independent Directors in Multi-Jurisdictional Insolvency Proceedings

This panel will explore the roles, responsibilities, benefits, and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency, and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments.

Free Session

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NO CLE - Accounting in the Bankruptcy Context

This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.

Free Session

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NO CLE - The Curious Case of the LLC: Often Used, but Rarely Understood

Limited liability companies are outpacing corporations as the preferred business form, but they are a newly popular type of entity. This panel will track LLC law as it rapidly evolves to deal with the unique issues LLCs present. How does the Bankruptcy Code interact with state law in handling these issues, including member- and manager-managed LLCs, single-member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies? Please join us as we examine the clues to unravel the case of this curious entity.

Free Session

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NO CLE - D&O Insurance Coverage: “The Rest of the Story”

The only D&O insurance policy issues that get much attention — in the restructuring world, at least — are (1) the insured-vs.-insured exclusion and (2) obtaining stay relief to access policy proceeds. The panel will tell the “rest of the story” by addressing important — but often overlooked — coverage issues and offering practical advice for purchasing D&O insurance policies (on behalf of distressed entities) and monetizing such policies (on behalf of fiduciaries).

Free Session

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NO CLE - Hiring and Roles of Receivers and Examiners

This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.

Free Session

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NO CLE - Solving the LLC Puzzle in Bankruptcy

The Limited Liability Company is an ever more popular business entity structure. Its popularity makes perfect sense in that it is designed to limit owners’ personal liability and to provide greater contractual flexibility in all aspects of company ownership, management, allocations, and distributions, among many other things. LLCs may also offer significant tax benefits. However, state LLC law and its interplay with federal bankruptcy law is a minefield of trouble for the LLC debtor or where one or more members of an LLC are the debtors in a bankruptcy proceeding.

Free Session

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NO CLE - It Wasn’t Me!: Dealing with Successor Liability, Alter Ego, Veil Piercing and Substantive Consolidation Issues with respect to Insolvent Companies

Learn the various successor liabilities rules and considerations both under common law and specialized statutes, such as ERISA, and how those successor liabilities rules may be impacted by and impact a bankruptcy proceeding.

Free Session

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