March 2009

 

Advising Distressed Companies

 

Program Highlights

 

- Fiduciary Duties of Directors and the Zone of Insolvency

- Workouts and Restructuring

- Security Interests in Intellectual Property and Licenses of Intellectual Property When a Company is in Bankruptcy

- Employment Law Issues for Distressed Companies

- Ethical Issues in Distressed Companies 

- Special Mergers and Acquisitions Issues When a Company is in Bankruptcy

 

 

Program Description

 

Are you a corporate law practitioner or in-house counsel advising a company that is struggling to survive in the very challenging economic times we live in today?  Maybe you are an employment law attorney and the sagging economy has your clients facing unique and challenging issues?  Perhaps you are a solo or small firm attorney and your clients are also facing unique legal issues because of the economic downturn?  If you fit into any of these categories, or just need to know about the hottest and most important issues that a distressed company will generate for your practice, you owe it to yourself to attend “Advising Distressed Companies” on March 5, 2009!

 

Let out expert, veteran faculty get you up to speed on all of the legal issues that are developing each week as the economy goes through one of its roughest stretches in recent memory.  From thorny employment law issues related to downsizing, to intellectual property's role in a bankruptcy, to the legal ethics issues that come up in distressed company situations, you will get a comprehensive educational experience that focuses on the key issues you need to know.

  

 

Topics

 

Fiduciary Duties of Directors and Officers of Insolvent and Near-Insolvent Companies

 

- Overview of the Factors Used to Determine Whether a Company has entered the gray area between Solvency and Bankruptcy Known as the Zone of Insolvency

- To Whom a Director Owes His Duties When Company is in the Zone of Insolvency

- Recent Case Law with Respect to a Director's Duties Once Company is in Zone of Insolvency

- Defending and Avoiding Direct and Derivative Lawsuits for Breach of Fiduciary Duties

Presented by Fern O'Brien, Esq.

 

Workouts and Restructuring

Presented by Jeffrey S. Brinen, Esq.

 

Security Interests in Intellectual Property and Licenses of Intellectual Property in Bankruptcy

 

- Overview of fundamental bankruptcy principles, with regard to the varying types and attributes of intellectual property

- Creation, attachment and perfection of security interests in intellectual property, so that a lien will be effective against the debtor, other creditors and a bankruptcy trustee

- Treatment of intellectual property licenses as executory contracts in bankruptcy, the debtor's power to assume, reject or assign licenses, and protections available to a licensee

- Up to the minute summary of the unsettled law governing a debtor's ability to assume or assign intellectual property licenses in bankruptcy

- Drafting considerations that will assist lawyers in protecting their clients' intellectual property security interests and license rights in and out of bankruptcy

Presented by Eric E. Johnson, Esq.

 

Employment Law Issues for Distressed Companies

 

- General effects of corporate downsizing and restructuring, including employee layoffs and effect on existing employment contracts

- The Worker Adjustment and Retraining Notification (WARN) Act

- COBRA and Colorado State Continuation/Conversion

Presented by Jill A. Zender, Esq.

 

Ethical Issues in Distressed Companies 

Presented by Jack Tanner, Esq.

 

Mergers and Acquisitions in Bankruptcy

Presented by Jon B. Clarke, Esq.

 

Planning Committee

 

O'Brien & Zender, PC

Boulder, CO

 

O'Brien & Zender, PC

Boulder, CO