Securities CLE Course Catalog

-- NON-CLE Program -- Knowledge management initiatives have proven to be a game-changer within firms and corporations over the years and legal technology has only enhanced this. Given the unique position of knowledge management professionals in their organizations, they are ideally positioned to evaluate legal technology solutions and steer their adoption in practice groups and legal departments. This session will offer insights from KM professionals on the way to a more efficient legal organization.

***This is a non-CLE seminar*** To better understand the shifting nature of these responsibilities, Corporate Counsel has conducted an exclusive survey with senior in-house counsels and legal leaders to gauge how their relationship with the board has changed over the last year. Our research also asked what role these senior in-house counsels now play in driving business results within their organization as well as how compliance, data privacy, cybersecurity and other issues now play into the decision-making process.

During this session, we will discuss the status of investigations, enforcement, and litigation and whether or not legal departments have been seeing an uptick. Additionally, some of the discussion will focus on permanent changes to the investigations, enforcement, and litigation processes as a result of the pandemic.

CFIUS issued final regulations in late January to comprehensively implement FIRRMA. Further proving that addressing growing national security concerns over foreign exploitation of certain investment structures is top of mind for regulators. This session will deep dive into the key points of this regulation and what it means for international transactions.

The SEC’s action of re-instituting the delegation of investigative enforcement authorities signals the potential for an uptick in both investigations and enforcement actions.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel will discuss common valuation challenges and responses, and provide insight into piecing together multiple valuation techniques. The panelists will also touch upon identifying reasonable comps for similar companies and precedent transactions, reliance on/restating projections, and where valuation and liquidation analyses blend together, including non-cash-flowing assets.

This panel also will cover topics ranging from access to courts, to the increased use of inherent judicial power, to virtual trials, to valuation and compromise in uncertain (unprecedented) times, to recent developments in avoidance actions.

Chesapeake Energy, an exploration and production company, filed for chapter 11 on June 28, 2020, in the Southern District of Texas and emerged from bankruptcy on Feb. 9, 2021. This session’s panelists, all of whom were involved in the bankruptcy court hearings, will contrast (in a non-advocating fashion) the different valuation methodologies used by the debtors’ and UCC’s valuation experts with the primary legal arguments raised by the debtors’ and UCC’s legal teams.