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KERPs and Bonuses under BAPCPA

New Legal Strategies for Retaining Executives at Troubled Companies
Location: Your office or conference room (no need to travel!)

Date     : Audio CD Available
Time(s):   -   Eastern Time
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Hosted By : The Beard Group Law and Business Publishers
   
This conference will include:

BAPCPA’s restrictions on Key Employee Retention Plans (KERPs) and severance plans – designed to level the playing field for executive compensation – have instead created bigger obstacles and uncertainties to successful restructurings.

“Congress, in its traditional fashion, has used a meat cleaver for delicate surgery,” says Tom Salerno, head of the bankruptcy practice at Squire, Sanders and Demsey and the instructor for this audio CD, recorded November 2006.

Analyzing the impact of Dana, Calpine and other recent KERP decisions, Tom explains the new rules of the game and reveal what clever (and not-so-clever) lawyers are doing to leverage Section 503(c) to their clients’ favor.

In less than an hour, you will learn about –

• The “Good Old Days”: pre-BAPCPA and the business judgment rule
• How pre-BAPCPA cases are still affecting today’s KERP thinking
• Enter The Politicians (or “What Was Congress Thinking?”)
- The Kennedy Amendment and its 2002 origins
• What did Congress do: BAPCPA’s intent
• Overview of restrictions on KERPs and bonuses to insiders
• Possible loopholes—or, “When is a KERP not a KERP?” Learn from those who have implemented successful performance benchmarks
• Key post-BAPCPA decisions – what we can learn from them
- Dana Corporation (or what not to do!)
- Refco, Pliant, Musicland, FLYi, and Nobex
- Calpine
- Leaseway Motor Transport, and others
• Legal strategies for Chapter 11 debtors and creditors


 
Speaker(s):  
  • Thomas J. Salerno
    Squire Sanders & Dempsey
Thomas J. Salerno is a partner in, and co-chair of, the Reorganization and Restructuring Group in the Phoenix office of the international law firm of Squire, Sanders & Dempsey. He also serves as chair of the firms International Insolvency Practice Group. For more than 20 years, he has represented creditors committees, debtors, lenders and other parties in complex Chapter 11 reorganizations involving public debt and equity securities throughout the U.S. He also has represented parties in insolvency proceedings in the Czech Republic, Switzerland, Germany and the United Kingdom.

He has written or co-authored several books, including The Executive Guide to Corporate Bankruptcy, published by the Beard Group. He has been included in The Best Lawyers of America since 1992 and was named one of 12 Outstanding Bankruptcy Lawyers by Turnarounds & Workouts.

KERPs and Bonuses under BAPCPA
Conference Audio CD + Written Materials US$ 35.00   add to cart

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