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Deepening Insolvency – Widening Controversy: Current Risks, Latest Decisions

Review Risks, Examine Latest Decisions Affecting Directors, Advisors and Lenders of Troubled Companies
Location: Your office or conference room (no need to travel!)

Date     : Audio CD Available
Time(s):   -   Eastern Time
  -   Central Time
  -   Mountain Time
  -   Pacific Time
  -   GMT


Hosted By : Beard Group Law and Business Publishers
   
This conference will include:

The claim of deepening insolvency – where officers, directors, lenders, accountants, auditors or other parties are held responsible for wrongfully prolonging the life of a company – continues to be a lightening rod of controversy for bankruptcy courts.

New decisions coming out of Delaware and the Third Circuit reject deepening insolvency as a cause of action, yet dozens of cases at both state and federal levels continue to claim the defendants either negligently or fraudulently extended the life of a business, causing damage to creditors or other interest holders.

Is there a legal dividing line between trying to save a troubled company versus making the situation worse? Could the claim of deepening insolvency negatively impact the very professionals most companies need when facing financial distress?

Learn from this Audio CD Recording (recorded October 2006) and discover if you or your clients are at risk – or if deepening insolvency offers you a powerful new weapon to protect creditors’ interests. In just 90 minutes, you and an unlimited number of your staff will learn –

· Real-world, simplified definition of Deepening Insolvency – is it a cause of action, a theory of damages, or something else?

· What’s behind the “business judgment rule” applied in the recent Delaware Chancery Court decision?

· The 3 essential elements of a deepening insolvency claim

· Who’s at greatest risk? Potential targets of claims and how the courts are (or aren’t) acknowledging them

· Is there any guidance on calculating damages?

· Potential defenses to deepening insolvency claims

· Status report on major active cases you should monitor

· Impact of the new Bankruptcy Code. Has BAPCPA clarified anything?

Your instructor is Luis Salazar, a member of Greenberg Traurig’s national Business Reorganization & Bankruptcy Department. He represents various public and private companies in their successful Chapter 11 reorganizations, as well as unsecured and secured creditors in all types of insolvency proceedings. He has written and lectured extensively on deepening insolvency theory and practice.


 
Speaker(s):  
  • Luis Salazar
    Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations – from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies – including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others – with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.

Deepening Insolvency – Widening Controversy: Current Risks, Latest Decisions
Conference Audio CD + Written Materials US$ 35.00   add to cart

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