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Litigation Risk Management Series: Distressed and Chapter 11 Companies



Thursday, November 15, 2012
Product Code - LGN72
Speaker(s): Robert E. Winter, Paul Hastings LLP; J. Mark Poerio , Paul Hastings LLP; Lawrence D. Kaplan, Paul Hastings LLP
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The faculty for this program will focus on a typical distressed company from the onset of financial problems through Chapter 7 or 11 bankruptcy and finally to emergence. They will highlight the special rules applicable to troubled financial institutions and will focus on a hypothetical scenario that considers the practical issues and sensitive dynamics involving boards of directors, officers, lenders, and creditor committees.

The discussion will also address distress issues relating to executive compensation and employee benefit plans and litigation risks, helping to define the precautions that distressed companies and their lenders and potential buyers should consider.

Educational Objectives:

• Understand which special laws and rules apply when an employer gets into financial distress.
• Learn how the regulatory landscape changes the applicable laws and strategies for distressed banks.
• Find out how the fiduciary obligations of corporate directors and officers change as a result of their company’s distress.
• Learn the primary litigation issues to expect from financial distress, through Chapter 7 or 11, and to emergence or sale if those are the exits.
• Understand the critical laws and risks to consider with regard to executive compensation and employee benefits.

Who would benefit from attending this program?

In-house counsel; officers and directors of public companies and financial institutions; bankruptcy, lending, and executive compensation attorneys.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the "CLE Credit" tab.

Robert E. Winter, Paul Hastings LLP; J. Mark Poerio , Paul Hastings LLP; Lawrence D. Kaplan, Paul Hastings LLP

Robert E. Winter, Paul Hastings LLP
Robert Winter is of counsel in the Finance & Restructuring practice of Paul Hastings and is based in the firm’s Washington, D.C., office. His practice focuses on debtor and creditor restructurings, workouts, and bankruptcy. Mr. Winter has a broad range of experience representing lenders in negotiating complex credit transactions as well as in commercial litigation – whether in bankruptcy court or in another forum – to preserve his client’s rights.

Mr. Winter earned a J.D., magna cum laude, from Georgetown University, where he was a member of the Order of the Coif, a staff member for Law and Policy in International Business, and a recipient of the American Bankruptcy Institute Award, and a B.A., cum laude, from the University of Texas, Austin.

J. Mark Poerio , Paul Hastings LLP
Mark Poerio is a partner in the Employment Law Department in the Washington D.C. office of Paul Hastings, and is a member of the American College of Employee Benefit Counsel. For over 25 years, Mr. Poerio has been in private practice with a focus on executive compensation and employee benefit matters, especially from a business, governance, tax, and securities perspective. He works regularly and globally with every Paul Hastings office, and has significant pro bono representations relating to not-for-profit governance, executive compensation, and tax matters. Mr. Poerio is also an adjunct professor with the Georgetown Law School, where he designed and teaches both "Executive Pay and Loyalty" and "The Business and Securities Aspects of Executive Compensation."

Mr. Poerio earned a J.D. from Cornell Law School and a B.A. from the University of Virginia.

Lawrence D. Kaplan, Paul Hastings LLP
Lawrence Kaplan is of counsel in the corporate practice of Paul Hastings and is based in the firm’s Washington, D.C. office. He advises clients on all aspects of bank regulatory issues, with an emphasis on problem banks, enforcement, corporate structuring, control and corporate governance.

Mr. Kaplan earned a J.D. from George Washington University Law School and an A.B. from the University of Michigan, Ann Arbor.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to Lindsey Pace, CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.