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Overview:

In today’s ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.

In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide an in-depth analysis of the recent trends and developments in distressed debt, restructurings, and workouts. Speakers will present notable court rulings and important issues surrounding this significant topic. They will also discuss best practices in managing and avoiding risks in the process.

Some of the major topics that will be covered in this course are:

  • Distressed Debt, Restructuring, and Workouts – Trends and Developments
  • Notable Court Rulings and Implications
  • Fraudulent Conveyance Analysis
    • Solvency
    • Reasonably Equivalent Value
    • Fraudulent conveyance insurance
  • Opportunities and Risks Issues
  • Transactional risk insurance solutions that can facilitate distressed M&A
  • Best Practices
  • What Lies Ahead

Learning Objectives:

  • Recognize recent reorganization trends and ways to mitigate risks when negotiating structured financial agreements in bankruptcy
  • Determine key concepts in fraudulent transfer claims and solvency analysis
  • Identify transactional risk insurance solutions for distressed M&A pre- and post-bankruptcy

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE); Group-Internet Based

 

Prerequisite:

General knowledge of bankruptcy laws

 

Course Code:

148842

 

NASBA Field of Study:

Finance – Technical

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE

1.5 CPE (Not eligible for QAS (On-demand) CPE credits)

Speaker Panel:

Aimee Pickett Sanders, Attorney
Alston & Bird LLP

Aimee Pickett Sanders advises creditors, debtors, lenders, and other strategic parties in a wide range of corporate restructuring matters including pre-packaged and traditional bankruptcies, out-of-court workouts, debtor-in-possession and exit financing transactions, asset sales, bankruptcy and commercial litigation, and international and cross-border insolvency. Following law school, she served as a law clerk to the Hon. Marcia P. Parsons in the Bankruptcy Appellate Panel for the Sixth Circuit and the U.S. Bankruptcy Court for the Eastern District of Tennessee. She also serves on the boards of the Bankruptcy Section of the Atlanta Bar Association and Alliance Française d’Atlanta.

Ken Mathieu, CPA/ABV/CFF, Vice President, Forensic Services
Charles River Associates

Ken is regularly retained to serve as the expert witness for matters involving complex damages, accounting, and valuation issues. Utilizing his experience serving as a trusted advisor to entities facing a crisis, such as a high stakes litigation or government investigations, he provides credible and objective analysis and information to assist in mitigating the crisis and resolving the matter.

The results of his analysis are utilized by boards, insurance companies, courts, arbitrators, management, and government regulators to assist in making critical decisions.

He is a member of the American Institute of Certified Public Accountants (AICPA) and the Illinois CPA Society and has held leadership positions with both organizations. He currently serves as a commissioner on the National Accreditation Commission of the AICPA which oversees all specialty credentials issued by the AICPA. He is a frequent speaker on the topics of forensic accounting, valuation, and damages at industry conferences and educational forums. He has published articles for peer- reviewed journals and co-authored chapters in books widely considered reference guides for the forensic and valuation profession. He also served as the editor to AICPA Practice Aids for forensic professionals.

He is a CPA (licenses in Illinois and Louisiana), Accredited in Business Valuation by the AICPA, and Certified in Financial Forensics by the AICPA. He was previously a Managing Director with PwC’s Forensic Services practice where he held a leadership role and served as a GAAP expert.

Peter de Boisblanc, V.P., Transactional Risk, U.S. Practice Leader
HUB International Limited

Peter de Boisblanc leads HUB’s transactional risk practice in the United States, advising purchasers and sellers in M&A transactions (including private equity funds and strategic buyers) on risk allocation solutions, with a focus on brokering representations and warranties insurance (RWI) policies and related insurance products.  As a broker, Peter draws on his extensive prior experience as an underwriter on AIG’s M&A insurance team, where he underwrote more than 150 RWI policies.  Prior to joining AIG, Peter practiced law for 11 years, most recently at Ropes & Gray, LLP, where he advised private equity clients with respect to the placement and negotiation of RWI policies for both domestic and international transactions.  Peter graduated, cum laude, from Fordham Law School in 2004 and from the University of Chicago in 1999.

Agenda:

SEGMENT 1:

Aimee Pickett SandersAttorney

Alston & Bird LLP

  • Trends and Developments
  • Reorganization Within Bankruptcy
  • Negotiating Structured Financial Agreements Within Bankruptcy and Mitigating Risks
    • Sale of Assets under 11 U.S.C. § 363
    • Assumption of Contracts under 11 U.S.C. § 365

SEGMENT 2:

Ken Mathieu, CPA/ABV/CFFVice President, Forensic Services

Charles River Associates

  • Considerations for avoiding transfers
  • Solvency analysis considering USC Section 548
  • Equitable insolvency considerations
  • Assessing unreasonably small capital
  • Reasonably equivalent value analysis for a transfer

SEGMENT 3:

Peter de BoisblancV.P., Transactional Risk, U.S. Practice Leader

HUB International Limited

  • Transactional Risk Insurance Solutions for Distressed M&A
  • Pre-Bankruptcy
    • Overview
    • Reps & Warranties Insurance
    • Fraudulent Transfer Insurance
  • Post-Bankruptcy Overview
  • Post-Bankruptcy Transactions
    • The Buyer’s Risks
    • Third Party Losses
    • First Party Loss
    • Insurance Solutions
    • Common Objection
    • Case Study

Date & Time:

Tuesday, September 01, 2020

3:00 pm to 4:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Bankruptcy and Restructuring Lawyers
  • Corporate Finance Lawyers
  • Financial Reporting Officers
  • Asset Management Officers
  • Financial Advisers
  • Financial Analyst
  • Auditors and Accountants
  • Top-Level Executives

SPEAKERS

Aimee Pickett SandersAttorney
Alston & Bird LLP
Ken Mathieu, CPA/ABV/CFFVice President, Forensic Services
Charles River Associates
Peter de BoisblancV.P., Transactional Risk, U.S. Practice Leader
HUB International Limited

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