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Program Details

Hot Topics in Bankruptcy Litigation

Content Partner:  West LegalEdcenter, hosted by NERA Economic Consulting
Price: $0.00*
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Standard methodologies such as discounted cash flow and comparable company approaches are most applicable to valuing stakes in going concerns. That is, valuing a small portion of a company with stable prospects avoids numerous challenges present in early stage companies, whole company transactions, etc. In particular, required additional considerations for valuing the assets of companies at or near bankruptcy are often the most numerous. 
In addition, there appears to be increased litigation activity challenging acquisitions, and courts are starting to limit options. This webcast will offer a general overview of these issues and trends to be aware of if acquiring distressed assets. Topics covered will include:
• Litigation trends impacting acquisition and transaction structures in bankruptcy,
• The 7th circuit case Castleton Plaza, L.P., 707 F.3d 821 (7th Cir. 2013), which held that a plan providing 100% of the equity to an insider must be subject to competitive bidding. 
• Cases addressing claims trading and whether the claim is subject to the same defenses in the hands of the acquirer, such as In re KB Toys, 470 BR 331 (Bankr. D. Del. 2012) as compared to an earlier case coming from the SDNY, In re Enron, 379 BR 425 (SDNY 2007).
• The recent Wamu decisions on treatment of hybrid securities.
This advanced webcast assembles experts with extensive experience in bankruptcy litigation and valuation who will provide you with a thorough review and analysis of recent developments, hot topics, and techniques. The panelists will give an overview of the framework for valuing assets of companies at or near bankruptcy, as well as useful adaptations to standard valuation methodologies. They will also discuss the litigation of disputes over payment of obligations in stock, drawing from experience litigating several matters where there were disputes over treatment of trust preferred securities, litigation tracking warrants, and contract claims as either debt or equity.  
NERA Economic Consulting ( is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERAÂ’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the worldÂ’s leading law firms and corporations. With its main office in New York City, NERA serves clients from more than 20 offices across North America, Europe, and Asia Pacific.
Faten Sabry, Senior Vice President, NERA Economic Consulting
1. Nancy Peterman, Shareholder, Greenberg Traurig 
2. Adam Strochak, Partner, Weil Gotshal
3. Ray Wong, Senior Consultant, NERA Economic Consulting

Practice Areas: Bankruptcy & Creditors Rights
Online Media Type: Audio
Production Date: 04/24/2013 1:00 PM EDT
Level: Advanced
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 


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Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

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Faten Sabry - Senior Vice President, NERA Economic Consulting; New York (Moderator)
Ray Wong - Senior Consultant, NERA Economic Consulting; New York
Adam Strochak - Partner, Weil, Gotshal & Manges LLP
Nancy A. Peterman - Shareholder, Greenberg Traurig, LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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