Corporate Governance

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.

Free Session

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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.

Free Session

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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.

Free Session

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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.

Free Session

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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.

Free Session

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

Free Session

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NO CLE - Preparing Corporate and Individual Clients for Bankruptcy - Who's Your Client? Possible Claims against the Person Who Hires you; Partnership and LLC Issues

Free Session

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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?

Free Session

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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.

Free Session

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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.

Free Session

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