This CLE course will discuss a Section 363 sale from beginning to end. Our speakers will examine, among other things, (1) the importance of pre-bankruptcy sale efforts; (2) bidding procedures, which establish a road map for the sale of a debtor's assets; (3) proper diligence procedures; and (4) the... Read More

This CLE webinar will offer guidance on how bankruptcy and restructuring attorneys are analyzing the many complex and novel legal theories and information challenges they face when representing clients involved in digital currency exchange cases or when the debtor is the holder of digital assets tha... Read More

This CLE webinar will provide bankruptcy litigators guidance on recent developments and key issues about essential elements of fraudulent transfer law under § 548 of the Bankruptcy Code and under state avoidable transfer jurisprudence that may affect their litigation practice, whether pursuing or de... Read More

This CLE webinar will discuss whether Harrington v. Purdue Pharma L.P., 603 U.S. 204, 144 (2024), applies only to plans of reorganization or also limits nonconsensual third-party releases from being approved in other types of settlement or sale agreements routinely approved by bankruptcy courts, and... Read More

This CLE webinar will discuss the identification, valuation, treatment, and monetization of intellectual property in bankruptcy and restructuring for licensors and licensees, and offer best practices for debtors and non-debtors seeking to protect and get the highest value for their rights in IP in b... Read More

This CLE webinar will guide new bankruptcy lawyers through the must know issues related to debtor-in-possession (DIP) financing and the use of cash collateral in Chapter 11 cases. Read More

This CLE course will provide bankruptcy and lender counsel with an overview of the enforceability of make-whole or no-call provisions after In re The Hertz Corp., No 23-1169 (3d Cir., Sept. 10, 2024), and the solvent debtor exception. The panel will discuss the differences between the rights of unse... Read More

This CLE course will provide attorneys dealing with defaulted loans secured by personal property with a review of when a foreclosure under Article 9 of the Uniform Commercial Code will maximize value for the secured creditor. The panel will discuss the UCC Article 9 foreclosure process and outline b... Read More

This CLE webinar will analyze the implications arising out of the Fifth Circuit's decision in Excluded Lenders v. Serta Simmons Bedding L.L.C. ( In re Serta Simmons Bedding L.L.C. ), Case No. 23-20181 (5th Cir. Dec. 31, 2024), revised (Feb. 14, 2025), and its impact on Chapter 11 reorganization stra... Read More

This CLE course will discuss developments in asset recovery litigation against officers, directors, and outside professionals of distressed or insolvent companies and against banks and other third-party non-professionals alleged to be complicit in or to have otherwise contributed to the losses resul... Read More

This CLE webinar will review the enforceability of lockup provisions and the lessons from recent decisions where they were rejected. The panel will examine the In re GOL decision and offer guidance for avoiding the pitfalls of overreaching when structuring and drafting lockup provisions. Read More

This CLE course will discuss the doctrine of successor liability and provide an analysis of why that doctrine does not fit squarely with the doctrine of "free and clear" sales under Section 363(f) of the Bankruptcy Code. The program will analyze other examples of where the language in a "free and cl... Read More

This CLE webinar will offer guidance on several key areas where employee benefits law, namely the Employee Retirement Income Security Act of 1974 (ERISA), and bankruptcy law intersect. The program will discuss pension plan termination and withdrawal liability and claims, fiduciary duties in plan adm... Read More

This CLE course will offer bankruptcy practitioners insight into key considerations and best practices concerning Bankruptcy Code Section 365's requirements for assuming and assigning retail leases, enhanced protections for certain landlords, curing defaults, establishing and providing adequate assu... Read More

This CLE webinar will discuss how to counsel and advise officers and other members of management regarding whether to stay on after a company files Chapter 11 and how to mitigate personal liability. While most CLE programs focus on what incentives the debtor will be allowed to offer existing managem... Read More

This CLE course will provide finance and bankruptcy counsel with a review of the legal and economic issues in fraudulent conveyance avoidance actions for intercorporate guaranties, integrated transactions, and "designated-use loans". The program will discuss how these transactions are at risk of bei... Read More

This CLE webinar will offer an in-depth analysis of the actual workings of state and federal receiverships, must-have provisions of receivership orders, best practices, and how to hedge the uncertainties that the debtor will file bankruptcy. Read More

This CLE course will instruct bankruptcy attorneys about creating and opposing "cram up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors. Read More

This CLE webinar will review the rights and obligations of debtors and insurers when claims exist or have been made against a debtor with a self-insured deductible that it has not and cannot pay. Read More

This CLE course will present suggested approaches for commercial real estate debtors and senior mortgage lenders to deal with single asset real estate (SARE) entities. Single asset real estate is defined in the Bankruptcy Code as a single property or project that generates substantially all of the d... Read More

This CLE webinar will discuss solutions to the practical and procedural issues that new attorneys face when preparing and litigating motions for relief from stay based on Bankruptcy Code Section 362(d), focusing on (d)(1) and (d)(2). The panel will discuss standing, what needs to be filed, timing an... Read More

This CLE course will prepare bankruptcy and finance counsel to structure special purpose entities (SPEs) to achieve bankruptcy remoteness and avoid substantive consolidation, as well as to keep assets that are the subject of a loan or other financing isolated. The panel will discuss lessons from rec... Read More

This CLE course will discuss advanced and emerging debtor-in-possession (DIP) financing issues that are the subject of significant judicial scrutiny and intense negotiations between DIP lenders and other secured creditors. The panel will address the rise of aggressive equity-linked or convertible fa... Read More

This CLE course will provide bankruptcy counsel with updated and current instruction on the fiduciary duties of loyalty, due care, and oversight that directors and officers owe to the corporation and shareholders as a company slides into insolvency and who can enforce those duties if the company fil... Read More

This CLE webinar will discuss data privacy and data security issues in the context of Section 363 sales, including disclosure obligations and the enforcement of state and federal data security and privacy laws. The panel will consider options for how a potential purchaser can be sure that the busine... Read More

This CLE webinar will address how creditors can prevent the manipulation of Subchapter V by challenging the election eligibility and by paying careful attention to the projected disposable income. The panel will discuss options for small businesses, guide counsel through eligibility requirements und... Read More

This CLE webinar will analyze the anticipated impact of the Supreme Court's decision in Harrington v. Purdue Pharma L.P., 603 U.S. __ (2024). In Purdue Pharma, the Court held that the Bankruptcy Code does not authorize releases under a debtor's Chapter 11 plan of reorganization in favor of third par... Read More

This CLE webinar will discuss the implications of Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., 601 U.S. ___ (June 6, 2024), on insurers, debtors, injured plaintiffs, and other key bankruptcy participants regarding how they negotiate plans involving insurance-funded settlements, what types of... Read More

This CLE webinar will discuss what bankruptcy attorneys need to know about Article 12 of the Uniform Commercial Code (UCC) and related amendments to UCC Article 9 to prepare for transactions with existing and new digital assets. The panel will discuss virtual currencies, non-fungible tokens, and oth... Read More

This CLE webinar will review the Uniform Special Deposits Act (SDA), a new state law promulgated by the Uniform Law Commission and recommended for enactment nationwide. Special deposits can serve an important function in commerce and industry by affording safety and security to the funds deposited i... Read More

This CLE course will compare receiverships, assignments for the benefit of creditors (ABCs), and bankruptcy, reviewing the advantages and disadvantages each offers to buyers, petitioning creditors, debtors, and non-petitioning creditors. The program will discuss what situations each process is best... Read More

This CLE webinar will guide bankruptcy practitioners in the nuances surrounding commercial tenant distress outside and inside of bankruptcy proceedings. The dynamic panel will cover the rights, duties, and options under the Bankruptcy Code for landlords. Read More

This CLE course will guide counsel through the issues and process of proposing and confirming a plan of reorganization under Subchapter V of Chapter 11 of the Bankruptcy Code. The program will also review the consequences of consensual confirmation and cramdown on discharge. Read More

This CLE course will offer best practices for counsel to lenders, creditors, and private equity sponsors to structure transactions and lending practices to protect their claims and maintain their priority status against junior and unsecured creditors or borrowers facing insolvency or bankruptcy. Read More

This CLE webinar will discuss the legal and economic issues related to the treatment and enforcement of personal and intercorporate guarantees before, during, and after bankruptcy or confirmation, in the context of frequently occurring scenarios. Read More

This CLE webinar will offer guidance to bankruptcy lawyers contending with delays, additional costs, and confusion that can result when bankruptcy and alternative dispute resolution (ADR) intersect. The program will discuss how bankruptcy courts analyze the enforceability of pre-petition arbitration... Read More

This CLE course will guide commercial lenders and their counsel on confronting a defaulted or troubled loan. The panel will discuss workout options and outline steps for lenders when anticipating a borrower's potential bankruptcy. Read More

This CLE webinar will discuss how restructuring counsel use "death trap" provisions and related tools to create an accepting impaired class of creditors and thereby ensure confirmation but without violating the confirmation requirements or running afoul of the prohibition against sub rosa plans or t... Read More

This CLE webinar will discuss whether and how Chapter 11 debtors can reinstate attractive loans, even those accelerated pre-petition, while at the same time preventing the lender from objecting to confirmation. The panel will review debtor and lender positions regarding what has to be done, how to d... Read More

This CLE webinar will discuss assumption, rejection, and assignment of franchise agreements, licensing agreements (including IP licenses), service contracts, noncompetition agreements, and unexpired leases, as well as related issues such as adequate protection, use of cash collateral, damages caps,... Read More

This CLE webinar will discuss dual-track Chapter 11 strategies that simultaneously prepare for reorganization with continued operations while also marketing the distressed business for sale. The program will review the advantages of such plans for both debtors and creditors and what creditors expect... Read More

This CLE course will discuss commonly attacked transactions such as payments to trade creditors, loan workouts, and payments to insiders. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers, and setoffs. Read More

This CLE webinar will address key issues that arise when the primary asset in a Chapter 11 case is liability insurance and the primary creditors are claimants to those proceeds. The panel will focus on using settlement trusts, the broad issue of standing to object to under 11 U.S.C. 1109, and the co... Read More

This CLE webinar will discuss whether a prepetition tax sale of the debtor's property or a noncollusive lease (or option or contract) termination can be avoided post-petition as a fraudulent transfer or preference. The program will discuss how different circuit courts are analyzing these transaction... Read More

This CLE webinar will examine the different forms of exit financing available to chapter 11 debtors and certain structural and procedural issues associated with each. The discussion will include considerations regarding credit facilities, securities issuances, debt and equity rights offerings, best... Read More

This CLE course will discuss obvious and not so obvious ways in which Subchapter V Trustees (SVT) help both debtors and creditors take advantage of Subchapter V to save businesses and allow creditors to get paid. The panel will discuss the SVT's duties under Bankruptcy Code Section 1183, other dutie... Read More

This CLE webinar will equip counsel to negotiate and draft forbearance agreements that provide maximum protection of lender interests while at the same time minimizing the risk of lender liability claims. A well structured and well drafted forbearance agreement can strengthen the lender's position s... Read More

This CLE webinar will discuss the effect on the beneficiary and issuer of a letter of credit (LOC) if the account party (a/k/a the applicant) files for bankruptcy. The panel will identify key provisions in LOCs, post-petition draw demands, possible preference liability and related defenses, how proc... Read More

This CLE course will discuss strategies that borrowers are increasingly using to create liquidity, delay maturities, and relieve covenant pressure to prevent bankruptcy while also allowing certain creditors to maintain control and preferred priority if bankruptcy ensues. The program will discuss how... Read More

This CLE webinar will discuss what bankruptcy attorneys need to know about Article 12 of the Uniform Commercial Code (UCC) and related amendments to UCC Article 9 to prepare for transactions with existing and new digital assets. The panel will discuss virtual currencies, non-fungible tokens, and oth... Read More

This CLE course will discuss how the Section 1111(b)(2) election allows secured and undersecured creditors to command a higher payout and preserve any future increases in the value of its collateral. The panel will discuss the increasing use of waivers of the right to object to Section 1111(b)(2) in... Read More

This CLE webinar will discuss the novel approach used in Verizon Commc'ns. Inc., et al. v. Nat'l Union Fire Ins. Co. of Pittsburgh, et al, Case No N18C-08-086 EMD CCLD (Del. Super. Ct. Oct. 18, 2022) for accessing D&O insurance coverage in connection with a fraudulent transfer claim. The panel will... Read More

This CLE course will discuss challenging issues in debtor-in-possession (DIP) financing that are most often the subject of contentious negotiations between DIP lenders and other secured creditors, as well as the subject of intense scrutiny by bankruptcy judges. Read More

This CLE webinar will offer counsel a practical guide to the most common first-day motions filed in a voluntary Chapter 11 bankruptcy. The panel will discuss debtor and creditor strategies for key requests and what courts expect to see in court filings. Read More

This CLE webinar will steer counsel through the uncertain law regarding whether, when a plan is confirmed under Bankruptcy Code Section 1191(b), Subchapter V of Chapter 11 affords corporate debtors a broader discharge than individual debtors would receive, and how the answer impacts debtor and credi... Read More

This CLE course will discuss developments in asset recovery litigation against officers, directors, and outside professionals of distressed or insolvent companies, and against banks and other third party non-professionals alleged to be complicit in or to have otherwise contributed to the losses resu... Read More

This CLE webinar will discuss emerging strategies for confirming a Chapter 11 plan in a case filed to address mass-tort liability. The panel will address the pivotal role of insurance and channeling injunctions as well as options for dealing with impasses among various constituencies. Read More

This CLE course will provide bankruptcy counsel with an examination of recent trends in the use of rights offerings as a financing mechanism, review the rights offerings process under the Bankruptcy Code, and discuss debtor and creditor strategies in negotiating and executing a rights offering. Read More

This CLE course will explore the use and effect on creditor options and payouts of companies bringing on new "bankruptcy directors" as they hurdle toward Chapter 11, the impact of bankruptcy or "independent" directors on the integrity of the bankruptcy system, and what creditors and creditors' commi... Read More

This CLE course will provide counsel with the tools to address the specialized issues that arise during retail and restaurant bankruptcies. The panel will review challenges with financing, dealing with overstock and inventory issues, leases and other executory contracts, franchise agreements, vendor... Read More

This CLE course will equip counsel to negotiate and draft restructuring support agreements (RSAs, also known as "lock-up" or "plan support agreements") that will help reduce the cost, length, and adverse effects of a Chapter 11 case. A well-structured RSA can assure all stakeholders that the debtor... Read More

This CLE webinar is about employee incentive plans (KEIPs), employee retention plans (KERPs), and other executive compensation payments before, during, or after Chapter 11 bankruptcies. The panel will discuss the thin line between Bankruptcy Code Sections 503(c)(1) and (c)(3), how to create approvab... Read More

This CLE course will prepare bankruptcy and finance counsel to structure special purpose entities (SPEs) to achieve bankruptcy remoteness and avoid substantive consolidation, as well as to keep assets that are the subject of a loan or other financing isolated. The panel will discuss lessons from rec... Read More

This CLE course will guide practitioners through unique issues when partnerships, limited liability companies, or their partners and members file bankruptcy. The panel will address topics in recent partnership bankruptcy cases and how courts cope with the lack of specific Bankruptcy Code provisions... Read More

This CLE course will guide bankruptcy attorneys through the intersection of digital assets and bankruptcy. The program will offer an overview of digital assets; how they are identified, investigated, preserved, and administered; how digital assets can be collateralized and valued; and what happens t... Read More

This CLE course will discuss current developments about the trustee's pre-filing obligations under Section 547(b) of the Bankruptcy Code. The Bankruptcy Code does not define "reasonable due diligence in the circumstances of the case" nor what it means to take "into account a party's known or reasona... Read More

This CLE course will analyze the benefits and risks of prenegotiating or prepackaging a chapter 11 plan, including the complexities that professionals face in negotiating and structuring them and current trends and decisions such as the emerging use of "super speed" prepacks and recent decisions reg... Read More

This CLE webinar will plumb the nuances of individual reorganizations under Subchapter V of Chapter 11 of the Bankruptcy Code. The panel will guide both debtor and creditor counsel through the advantages and disadvantages of Subchapter V, plan creation, eligibility restrictions and traps, post-petit... Read More

This CLE webinar will guide bankruptcy counsel for lenders through increasingly difficult and dizzying valuation issues in business bankruptcies. The program will discuss how to measure the worth of intangible, contingent, and other hard-to-value assets, issues created by more complex financial stru... Read More

This CLE course will instruct bankruptcy attorneys about creating and opposing "cram-up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors. Read More

This CLE course will discuss the divergent law on whether an energy industry debtor can reject its power purchase agreements (PPAs) and provide bankruptcy counsel with an understanding of how this issue might be resolved in bankruptcy proceedings. Read More

This CLE course will discuss challenges related to providing adequate protection for the use of cash collateral and debtor-in-possession (DIP) financing that are most often contentiously negotiated among the debtor, its secured creditors, and DIP lenders, and that bankruptcy judges intensely scrutin... Read More

This CLE course will guide bankruptcy counsel in understanding "going-out-of-business" (GOB) sales, discuss the most common terms of liquidator agency agreements, including fee structures, and offer strategies and steps that creditors and consignors can take to protect themselves and their consigned... Read More

This CLE webinar will discuss the provisions of the Bankruptcy Code and other sources of authority, such as the Model Rules of Professional Conduct, that present numerous "traps for the unwary" in bankruptcy. The program will analyze how experienced--and otherwise exemplary--attorneys, financial adv... Read More

This CLE course will review director and officer protection statutes across key jurisdictions and show counsel how to maneuver through the window between the business judgment rule and intentional dishonest acts to ensure access to directors and officers liability insurance policies if duties of car... Read More

This CLE course will discuss bankruptcy opportunities and strategies for debtors, creditors, investors, and landlords when real property and improvements face decreasing values and unstable income. The panel will discuss the strategic use of Chapter 11 to manage excessive debt and retain real proper... Read More

This CLE webinar will guide counsel through the evolving positions of courts on four key issues that arise in avoidance actions. The panel will discuss competing views about whether and when avoidance actions must benefit the estate, whether fraudulent transfer recoveries should be limited to the nu... Read More

This CLE course will discuss how counsel representing committee members and counsel for committees address recurring and new issues. Official committees, most often unsecured creditors committees, remain critical to reigning in secured lenders. Ad hoc committees provide creditor groups that share a... Read More

This CLE webinar will discuss the standard for approval of transactions outside the ordinary course of business of the Chapter 11 debtor, often under 11 USC 362 and 365, and how and why the debtor's "business judgment" is often more limited than might seem. The panel will review how courts have arti... Read More

This CLE course will explore the use and effect on creditor options and payouts of companies' bringing on new "bankruptcy directors" as they hurdle toward Chapter 11, the impact of bankruptcy or "independent" directors on the integrity of the bankruptcy system, and what creditors and creditors' comm... Read More

This CLE course will discuss strategies and tactics for prosecuting and defending Section 523 exceptions to discharge adversary proceedings. The panel will review best practices for pleading to state a claim for relief and outline strategies for filing Rule 12(b)(6) motions to dismiss under Ashcroft... Read More

This CLE webinar will guide bankruptcy counsel regarding the treatment of safe harbor agreements in bankruptcy, potential pitfalls related to safe harbor agreements, and how to avoid them. Read More

This CLE course will discuss the current treatment of consensual and nonconsensual third-party releases in Chapter 11 reorganization plans. The panel discussion will include current approaches to incorporating release and discharge provisions into a Chapter 11 plan, what constitutes consent for vari... Read More

This CLE course will guide bankruptcy counsel in understanding the interplay between Bankruptcy Code Sections 510(a) and 1129(b)(1) and how a plan of reorganization can be confirmed even if it allocates to subordinated creditors some portion of the amount owed to a senior creditor under a pre-petiti... Read More

This CLE course will discuss the defense to a fraudulent transfer claim for subsequent transferees from the debtor, the requirements to meet the defense, the issue of value received in consideration for the transferred payment, and what can be recovered. Read More

This CLE course will consider the rights, obligations and negotiating posture of a contract counterparty following the rejection of that contract under Bankruptcy Code Section 365. We will give particular consideration to how recent U.S. Supreme Court authority on this question has affected leverage... Read More

This CLE course will guide bankruptcy practitioners through the maze of time-sensitive and strategic decisions to be made when a commercial tenant files bankruptcy interrupting the landlord's income stream. The panel will review Bankruptcy Code section 365's specialized procedures, enhanced protecti... Read More

This CLE course will discuss what happens after confirmation and what happens when a debtor defaults under a plan of reorganization, whether confirmed under the regular provisions of Chapter 11 or new Subchapter V. The program will review the impact of confirmation on critical issues, the use of pos... Read More

This CLE course will review the ordinary course of business defense to preference actions. The program will help counsel identify new strategies applicable when practices between the parties and in their industry are or have become anything but ordinary. The panel will also explore the limits on the... Read More

This CLE course will guide counsel through the unique challenges and procedural complexities of bankruptcy appeals, including the specialized issues of finality, mootness, and jurisdiction. The program will help lawyers avoid several minefields crowded with terminal explosive devices that can change... Read More

This CLE course will examine the treatment of consignments and reclamation rights under the UCC and in bankruptcy. The panel discussion will include an analysis of the UCC definition of "consignment" and how it impacts the documentation and perfection, as well as the priority of a consignor's intere... Read More

This CLE course will review what creditors holding claims in bankruptcy need to know when an investor offers to "buy" that claim from them. It will equip attorneys to understand and negotiate the typical claims transfer agreement, spot claims trading strategies in action, interpret how they may affe... Read More

This CLE course will guide counsel through the amendments to the Bankruptcy Code included in the 2021 Consolidated Appropriations Act (the Act) and the questions they raise but do not answer for large and small cases. The panel will assist counsel in asking the right questions and identifying the re... Read More

This CLE course will provide counsel with the tools to address the specific issues that arise during retail and restaurant bankruptcies. The panel will review topics related to leases and other executory contracts, franchise agreements, vendor rights, gift cards, and the many other issues unique to... Read More

This CLE course will provide insight and analysis on the types of claims that may entitle directors and officers to indemnity protection and how their indemnity claims are treated in and affected by a company's bankruptcy. The panel will also discuss the effect of bankruptcy on D&O insurance coverag... Read More

This CLE course will guide counsel to commercial parties on the interpretation of the safe harbor provisions in Bankruptcy Code Section 546(e) after the Second Circuit's decision in In re Tribune Co. Fraudulent Conveyance Litig., Case No. 13-3992 (2d Cir. Dec. 19, 2019) ( Tribune II ). The webinar w... Read More

This CLE course will provide practitioners who represent either bankruptcy trustees or defrauded investors with an overview of recent trends in clawback suits involving Ponzi schemes, theories of liability and effective defenses, and strategies for bringing and defending these claims. Read More

This CLE course will discuss the rules for cramdown under Chapter 11 for debtors that are not proceeding under the Small Business Reorganization Act of 2019, the best strategies and practices for debtors and creditors when confirmation will involve cramdown, and current arguments for resolving valua... Read More

This CLE course will guide counsel who advise K-12 and higher educational institutions in the financial crisis. The panel will discuss legal issues when dealing with negative cash flow and uncertain economic prospects, including bankruptcy, restructuring, and funding options. The panel will also dis... Read More

This CLE course will address substantive consolidation which allows the bankruptcy court to treat two or more debtors as one entity, pool the assets and claims of all entities, and eliminate inter-company claims for purposes of administration and distribution of assets. Read More

This CLE course will discuss when a Bankruptcy Code Section 363(f) sale may not be as "free and clear" as the parties intended and the best options for averting any post-sale claims. Read More

This CLE course will provide bankruptcy counsel with a review of strategic decision making in credit bidding, resolving the myriad of disputes among lenders and unsecured creditors, and overcoming legal challenges to the lender's right to credit bid. Read More

This CLE course will discuss the treatment of derivatives in bankruptcy. The panel will discuss the exemptions historically afforded derivatives before the financial crisis, the ramifications of those exemptions as shown in the Lehman and MF Global bankruptcies, and the current framework which exist... Read More

This CLE course will provide bankruptcy attorneys with an analysis of trends and legal developments regarding various DIP financing terms and conditions. The panel will outline best practices for documenting post-petition financing and obtaining or contesting cash collateral and financing motions. Read More

This CLE course will provide counsel to lenders and creditors with a review of the intersection between bankruptcy and state foreclosure laws with respect to secured interests in personal property and commercial real estate. The panel will outline strategies to minimize risks in exercising foreclosu... Read More

This CLE course will examine bankruptcy and insolvency issues presented by the conflict between the legalized use of marijuana in many states and its treatment as an illegal controlled substance under federal law, and provide practical guidance on counseling clients in Cannabidiol (CBD), hemp, and m... Read More

This CLE course will provide bankruptcy and litigation counsel with a review of suits against corporate insiders and outside third-party professionals, theories supporting liability, and the evolving and complex defenses and limitations to recovery such as in pari delicto, standing, and the insured... Read More

This CLE course will provide strategies and practical guidance for insolvency practitioners representing non-debtors regarding executory contracts and leases with financially troubled counterparties both before and during bankruptcy proceedings. Read More

This CLE course will provide bankruptcy counsel with a review of how junior mortgage liens can be stripped in Chapter 13 and so-called Chapter 20 consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides. Read More

This CLE course will provide bankruptcy and insolvency counsel with a review of the Supreme Court's decision in Merit Management Group v. FTI Consulting, holding that the Sec. 546(e) safe harbor does not protect allegedly fraudulent transfers in which financial institutions served as mere conduits.... Read More

This CLE course will update practitioners on the latest challenges to leveraged buyout (LBO) transactions in bankruptcy. The panel will explain the implications of particular deal structures, review underlying legal theories of creditor challenges, and outline best practices for mitigating risk or m... Read More

This CLE course will examine recent amendments to the Federal Rules of Bankruptcy Procedure impacting Chapters 7, 12 and 13 of the bankruptcy code. The panel will discuss new proof of claim and other filing requirements, the ability of debtors to fix claims in a reorganization plan, the prescribed f... Read More

This CLE course will examine the doctrines of setoff and recoupment and the issues presented in exercising those rights in bankruptcy. The panelist will discuss mutuality and other conditions which must be present to establish setoff or recoupment rights and inconsistencies in the case law as applie... Read More

This CLE course will provide counsel with a review of fraudulent transfer claw-back litigation in light of rulings in the Tribune, Lyondell and SemGroup bankruptcy cases, as well as more recent cases from the Bankruptcy Court for the District of Delaware and the Seventh Circuit Court of Appeals that... Read More

This CLE course will discuss the emergence and subsequent limitation of the Trust Indenture Act (TIA) as a tool for objecting bondholders to challenge restructuring outside of bankruptcy. The program will examine the Marblegate and Caesars Entertainment cases, the Second Circuit's very recent revers... Read More

This CLE course will instruct bankruptcy estate representatives on how to recover assets from foreign defendants/transferees. The program will discuss key issues counsel must consider in pursuing foreign assets, including personal jurisdiction, choice of law, discovery tools, and enforcement of judg... Read More

This CLE course will discuss the ability of issuers of debt to amend the governing indentures and intercreditor agreements without debtholder consent. The program will focus on the distinction between substantive and technical amendments, interpretation of relevant provisions of the intercreditor ag... Read More

This CLE course will discuss the benefits of receivership as an alternative to bankruptcy as a vehicle for financial restructuring, disposition of assets, collection of outstanding obligations and enforcement of contracts. The program will also discuss strategies for representing receivers and litig... Read More