2018, 2018 New York City Bankruptcy Conference

As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs.

Join in on this discussion of significant insolvency-related developments in Venezuela.

Interested in mediation? Attend this session to experience a mock mediation and discuss mediation’s benefits and pitfalls. The panel will also examine plan mediation vs. targeted specific issues, as well as material nonpublic information concerns.

In this session, the panel will delve into recent chapter 15 decisions and the use of cross-border protocols in complex multijurisdictional cases ( e.g., SDNY General Order M-511, Delaware LBR 9029-2). Learn about preparing a cross-border case and cash-management issues across cross-border estates, difficulties that arise when dealing with foreign boards, subsidiaries in foreign jurisdictions and limited resources to manage the complications, and the winding down and liquidation of cross-border estates.

There has been an increasing trend toward using creative structures to transact around limitations in debt documents in order to raise debt, sell assets and/or distribute value to certain stakeholders, including transferring assets to unrestricted subsidiaries, sale/leaseback transactions and FILO loan structures. Take a look into the resulting litigation surrounding these transactions (e.g., Windstream, iHeart, J.Crew) and discuss how the credit default swap market is affecting financing structures.