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Description: Your company is in distress. Its bankers or bondholders have demanded that the company retain a chief restructuring officer (“CRO”) or a turnaround consultant as a condition to their cooperation in negotiating a forbearance agreement or loan modification. What does the retention of a CRO or turnaround consultant mean to executives in the “C” suite and to the company’s general counsel? What are the duties and functions of a CRO or turnaround consultant? How do their duties overlap with those of management? How are they different? How do they avoid becoming irrelevant and losing power? What should they do in order to remain necessary to a successful restructuring or turnaround of the business? What signals and signs should they look out for? This program also will cover what gets said versus what are the real motivations of the CRO and turnaround consultant and what that means to management.
Kenneth Rosen - With more than 35 years of proven experience, Ken is the first call for companies seeking a strategic plan for recovery from financial distress.
Ken advises on the full spectrum of restructuring solutions, including Chapter 11 reorganizations, out-of-court workouts, financial restructurings, and litigation. He works closely with debtors, creditors' committees, lenders, landlords, and others in such diverse industries as paper and printing, food, furniture, pharmaceuticals, health care, and real estate.
For each matter, Ken starts by developing a strategic direction based on a clear understanding of his client's needs. His goals are to preserve the business or business relationship, to minimize disruption, and to move quickly toward a workable solution. His success is reflected both in his long list of accolades—including top rankings from Chambers USA (2008-2020) and The Deal's "Bankruptcy Insider"—and the fact that the majority of his practice is referral-based. Clients laud Ken's practical approach and sensitivity to the needs of their business, as well as his strong track record of successful outcomes. Clients and peers alike recognize Ken as "definitely a standout."
In his spare time, Ken serves on several philanthropy and nonprofit boards primarily devoted to health care and education. He currently serves as Interim Chair of the Board of the New York City Opera.
Jennifer Kimble is a corporate restructuring attorney with more than a decade of experience representing Chapter 11 debtors, creditors’ and retiree committees, Chapter 7 trustees, and other creditors in bankruptcy proceedings, preference actions, commercial transactions, commercial litigation, and out-of-court restructurings. She has extensive experience in all aspects of Chapter 11 cases, including first day motions, noticing issues, negotiating DIP financing, 363 sales, contract assumption, 1113/1114 matters, and plan confirmation and implementation. She is skilled in claims resolution processes and well-versed in post-confirmation trusts and the litigation of Chapter 5 claims.
Jennifer offers proven skill in insolvency-related matters in the automotive industry. She has represented original equipment manufacturers and tiered suppliers in negotiating and resolving contract issues, financial disputes, tooling ownership, and other bankruptcy and litigation actions with manufacturers’ sole source suppliers to maintain just-in-time delivery.
A responsive and engaged team player, Jennifer takes the time to understand how each client defines success. She is adept at consolidating details into comprehensive solutions that support client objectives. Jennifer excels at helping companies achieve the best possible outcome during the restructuring process by analyzing and applying bankruptcy law in the context of an insolvency event.
Prior to joining the firm, Jennifer worked with a leading bankruptcy claims and noticing firm and with various commercial law firms.
 | | Practice Areas: | | Bankruptcy & Creditors Rights, Business Organizations & Contracts, Corporate & Securities, Corporate Governance | | | Online Media Type: | | Audio | | | Production Date: | | 10/01/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 5 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Kenneth A. Rosen - Lowenstein Sandler PC; Roseland, N.J. | | • | Jennifer B. Kimble - Lowenstein Sandler LLP; New York |
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