Corporate Governance

NO CLE - Multiple Debtors: Best Practices for Corporate Governance in Multi-Debtor Cases

This panel will discuss how to make sure management (and the board) plays the role of neutral stakeholder throughout a plan and/ or § 363 process. Can the same board and management team truly represent the interests of stakeholders of BOTH a corporate parent and its subsidiaries? What if there are dozens of affiliates whose creditors have disparate interests? Why is the issue of corporate separateness (and related conflicts) overlooked in some multiple-debtor cases, but addressed in others? What are the pros and cons of various tools for addressing potential conflicts?

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NO CLE - Private-Equity Sponsors in Bankruptcy: From Innkeepers and Dynegy to Energy Future and Caesars

What are the strategies of private-equity sponsors seeking to retain control (or at least a stake) through the bankruptcy process? How do they retain counsel and manage conflicts? What strategies are they using to preserve their interests? What risks do they undertake? This panel will discuss these issues and more.

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NO CLE - Understanding D&O and E&O Policy Issues in Bankruptcy

D&O and E&O policies are often one of the few major assets of a bankruptcy estate that are available for estate monetization. This expert panel will discuss coverage issues and provide insight into common and esoteric issues in bankruptcy cases involving D&O and E&O policies.

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

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NO CLE - D&O and E&O Claims

When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.

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NO CLE - Issues Affecting Private-Equity and Hedge Funds

This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.

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NO CLE - Criminal and Civil Investigations of Corporate Debtors and Management

This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.

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NO CLE - Trustworthy Claims: Developments (such as Bellingham) on What Claims a Trustee May or May Not Bring

Join our panel of expert estate counsel, trustees and insurance counsel as they discuss issues related to standing, safe harbors, in pari delicto and other complications that insurers and defendants use to frustrate the pursuit causes of action by Trustees

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