Bankruptcy and Restructuring: Navigating Employment Issues Under the Code
Best Practices to Negotiate, Modify and Terminate Employment Agreements and Benefit Plans
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, August 20, 2009
Recorded event now available
This seminar will analyze the Bankruptcy Code's complex treatment of employment agreements and wage and benefit plans, including executive compensation, retention and bonus plans, and other employment issues that arise in various stages of the bankruptcy process.
Description
Many complex employment issues arise throughout the Chapter 11 bankruptcy reorganization process, as well as in cases that are aimed at a quick sale and liquidation of the company.
Contentious battles arise over executive compensation agreements for executives the debtor wishes to retain. A debtor can terminate individual employment and collective bargaining agreements but must carefully navigate through uncertain and often complex conditions.
Employee benefits issues present more challenges, such as determining whether a benefit accrued pre- or post-petition. Some benefit plans can be easily terminated; others, such as retiree benefits, have greater protection from termination under recent amendments to the Code.
Listen as our authoritative panel of bankruptcy attorneys analyzes the employment related issues that bankruptcy counsel will face in guiding a company through the restructuring process.
Outline
- Employee wages
- Pre-petition priority claims
- Post-petition administrative claims
- Severance payments, bonus and retention plans
- Employment agreements
- Executory v. non-executory contracts
- Executive agreements
- Collective bargaining agreements
- Employee Benefit Plans
- Retiree plans
- Health and welfare plans
- COBRA
- WARN Act
Benefits
The panel will review these and other key questions:
- How has BAPCPA substantially modified post-petition retention and severance payments for executive management?
- What special status does the Bankruptcy Code accord retiree benefit plans?
- What steps must an employer take to modify or reject a collective bargaining union?
Faculty
Douglas P. Cushing,
Partner
Jordan Schrader Ramis, Portland, Ore.
He has more than 30 years experience in creditors' rights, estate planning/probate, and business law practice, with significant experience in debtor-creditor work, including contested matters, Chapter 11 reorganizations, creditor committee representation, preference defenses, DIP financing contests, plan contests, and the protection, valuation, and recovery of collateral for secured creditors.
Lawrence J. Baer,
Partner
Weil Gotshal & Manges, New York
He represents employers in all aspects of labor and employment matters. His practice also focuses on the myriad of labor and employment issues facing debtor-employers during bankruptcy proceedings. Those issues include restructuring obligations under collective bargaining agreements, pension plans and retiree medical benefit plans.
Michael L. Bernstein,
Partner
Arnold & Porter, Washington, D.C.
He represents secured and unsecured creditors, creditors' committees, bondholders, investors, asset purchasers, debtors, and other parties in bankruptcy and workout matters, and in related litigation nationwide. He has testified before Congress as an independent expert on the status of collective bargaining agreements, retiree and pension benefits, and executive compensation in bankruptcy.
Rosa J. Evergreen,
Atty
Arnold & Porter, Washington, D.C.
She is a member of the firm's Bankruptcy Practice Group, and has experience in all aspects of bankruptcy, as well as out of court restructurings and receivership cases. She also works on commercial litigation matters.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available ten business days after the live event
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
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Customer Reviews
The seminar was very insightful with a terrific grasp of the relevant case law and legal issues.
Gregory Fox
Friedman Kaplan Seiler & Adelman LLP
The program was very thorough, stayed on topic and was well organized.
Thad Wilson
King & Spalding LLP
The program material was very well organized and thorough.
Laura Buckley
Higgs, Fletcher & Mack
The webinar was very informative on very pertinent matters and had a good flow.
Noam Wiener
Allen & Overy LLP
I liked the practical insights, particularly when tied to cases the presenters had worked on.
Michael Gray
Kohler Co.
Bankruptcy Law Advisory Board
Partner
Nixon Peabody
Partner
Potter Anderson & Corroon
Of Counsel
Haynes & Boone
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
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