Corporate Governance

NO CLE - The Board’s Duty to Keep Its Options Open

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NO CLE - Track A: Special Issues: Options, Bankruptcy/Restructuring and Corporate Governance

This panel will feature a discussion of basic option concepts, debt and equity claims, bankruptcy priorities and corporate governance issues.

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NO CLE - Track A: Accounting and Finance Basics

This session will cover revenue and expense recognition, financial statement analysis, financial ratios, and the calculation and forecasting of a firm’s free cash flow.

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NO CLE - Who’s Driving the Bus? CROs and Receivers for Hotels and Multi-Family/Multi-Use Developments; Pre-Petition and Post-Petition Considerations and Issues

This panel is designed to give practical advice, including checklists, to attorneys, lenders and other insolvency professionals dealing with a pre-petition receivership action in state or federal court, as well as the appointment of a chief restructuring officer (CRO) in a chapter 11 case, with an emphasis on hotels and multi-family/multi-use developments.

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NO CLE - E&O and D&O

This panel will first review the scope and types of coverage actually found in a typical E&O Policy and D&O Policy. Second, the Panel will discuss how claims are made under these policies with emphasis on how to assert or plead a claim so as to preserve coverage. Third, the Panel will discuss the law governing the treatment of such policies as “property of the estate” and finally, they will review the treatment and possible priority of claims that are asserted and adjudicated against the Debtor prepetition.

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NO CLE - Crisis Communications--Both Legally Required and Strategically Wise

When companies file Chapter 11, they communicate on a number of fronts and through a number of means. Pleadings are fashioned to convey a particular message to the court, creditors and anybody else who might read them. Public companies have certain mandatory disclosures in the form of 8Ks. More importantly, and more interestingly, communications strategies are undertaken by debtors to inform but reassure their customers, vendors and the public. This program will be led by experts in the field of communications in the face of a bankruptcy.

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NO CLE - Current Issues for Financial Advisors in Bankruptcy Cases

Financial Advisors Track: Current Issues for Financial Advisors in Bankruptcy Cases

This panel will discuss the various governance, operational and quasi-legal issues that financial advisors deal with on a day-to-day basis before, during and after the commencement of a chapter 11 case. Topics will include addressing management fraud, dealing with ERISA/labor/WARN Act/union issues, navigating corporate governance issues, Dodd-Frank compliance, and the state of the law on pursuit of accounting and securities fraud claims.

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NO CLE - Implications of Valuations from the Board of Directors’ Perspective

Valuation can be a squishy thing. This panel examines how valuation analyses and disputes can be shaped and impacted based on the shifting positions and perspectives of directors and their advisors. Minority investors may push back on management's projections; special and independent committees may change board dynamics and influence views regarding valuation inputs; interested parties without a direct line to the board may attempt to influence valuation through litigation or posturing. These and other scenarios can greatly impact how directors view and utilize the valuation process.

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