Corporate Governance

NO CLE - What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

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NO CLE - LLC Bankruptcies

This panel will focus on issues that can arise during an LLC bankruptcy, such as
what happens when parties contract out of fiduciary duties and the effect that
bankruptcy has on key provisions in an LLC operating agreement, including
management and ownership rights and remedies, as well as what happens when a
bankruptcy proceeding is initiated against the LLC or one or more of its members.
The panel will also discuss Intervention Energy and Lake Michigan, in which the
bankruptcy courts refused to enforce LLC agreement provisions requiring the

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NO CLE - Covering Your Assets!! The Ethics of Asset Protection

Attorney/Client Privilege and the Crime/Fraud Exception; Busting Up “Bankruptcy Remote” Entities

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NO CLE - The Liability of Advisors and Office-Holders in Insolvency and Restructuring Cases

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NO CLE - Fiduciary Duties: Rights and Wrongs for Directors of Financially Troubled Companies

This panel will delve into recent trends in breach-of-duty litigation against officers and directors, developments in Delaware fiduciary duty case law that bankruptcy lawyers should know about, standing to assert D&O claims, the in pari delicto defense, D&O insurance coverage issues, breach-of-duty claims against lenders, and D&O litigation involving private-equity funds. Cases to be discussed include Liberty State Benefits of Delaware Inc., MF Global Holdings Ltd. and SGK Ventures LLC.

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NO CLE - D&O Policies, Property of the Estate and Case Administration

This panel will discuss how the D&O insurance policy of a company in chapter 11 is impacted by the company’s filing, and will include property-of-the-estate issues, stay relief and court authorization, and how to use the proceeds to drive settlements.

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NO CLE - KEIPs and KERPs: What’s the Difference, and Why Is the UST Objecting?

This panel will discuss the role of key employee incentive and retention plans in bankruptcy cases, including the development of such plans and the legal and factual requirements for approval by the bankruptcy court.

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NO CLE - Too Many Chiefs Make for a CROwded Reorganization: Ethics

This panel will discuss potential conflicts when a lender regularly recommends that a debtor hire their preferred CRO (the debtor is the CRO’s client, but a “one off” client) and the lender is a repeat business, as well as the 1% Rule and retention application disclosures/potential conflicts.

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NO CLE - The Intersection of Limited Liability Companies and Bankruptcy

This panel will examine the collision of state corporation law and the Code on such issues as bankruptcy poison pill provisions in operating agreements, whether operating agreements are executory contracts, rights of bankruptcy estates holding membership interests, and reaching LLC assets and LLC member assets.

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NO CLE - Maximizing the Estate: It’s Not Just Avoidance Actions Anymore!

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