West Virginia (WV) In House Counsel CLE Course Catalog

In this CLE-accredited session, hear from leading legal experts on how they have short-circuited often expensive and time-consuming investigations efforts to find the evidence that will tell the story. They will share their experiences on collecting data from remote employees, ephemeral data preservation obligations and effective instant messaging, social media and BYOD policies, project management techniques, and use of targeted analytics approaches to assess potential evidence.

All it takes is one employee clicking on the wrong link in an email, and the hundreds of thousands of dollars you spend on your security infrastructure are useless. So to sit back and rely on your IT department with the expectation that nothing will ever go wrong is a risky proposition. Issues related to data privacy and cybersecurity are not limited to large organizations. In fact, depending on what reports you read, anywhere from 40% to 60% of cyber-attacks specifically target small to medium-sized businesses, and upwards of 70% of small businesses have experienced some form of cyberattack in the last year. The smaller the business, the fewer the resources it will typically have to spend on cybersecurity. If you think a good cybersecurity plan and infrastructure is too expensive, wait until you find out how much it costs not to have one.

The old models to detect privilege have become outdated and ineffective. Over the last few years, the industry has been introduced to a myriad of technological advances in the field of AI and analytics that have dramatically increased efficiency and efficacy in the search for attorney-client information. Tune into this panel to learn first-hand how industry leaders are leveraging cutting-edge technology to rapidly identify privilege to reduce their overall spend and risk.

There has never been a more important time to operationalize efficiencies and conserve cash across the enterprise. Automating contracting processes offers massive organizational value in the form of substantial savings and revenue preservation that can make all the difference in these unprecedented times. Join this panel for a one-hour session on the value you can unlock through automated contract lifecycle management.

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 compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

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.

This panel will focus on different strategies sponsors are using to retain control (or at least put a stake through) the bankruptcy process. What are the risks to sponsors/litigation issues? The panelists will also discuss fiduciary duties, managing conflicts and retaining separate counsel, the interplay between corporate governance and aggressive sponsor action (e.g., selling or spinning/stripping-off assets), sponsor affiliates purchasing debt in the portfolio company’s capital structure, and 10b-5 compliance, as well as negotiating/litigating with a difficult board. This session also includes a discussion of issues that arise when dealing with a challenging board of directors, especially those where some or all directors have been appointed by a controlling shareholder.