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Navigating Distressed Investing, Sales and Technology: Protecting Your Sale Process, Your Investments and Your Hide


Level: Intermediate
Runtime: 72 minutes
Recorded Date: December 03, 2020
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Agenda

  • Secured Parties
  • Acquisition and Investment in Distressed Assets
  • Key Terms
  • Covered Transactions
  • Remedies Upon Default
  • Repercussions of Failure to Comply with CFIUS
Runtime: 1 hour, 12 minutes
Recorded: December 3, 2020

Description

This panel will explore and navigate distressed-investing issues relating to sales of technology and IP under ? 363, and buyer identification in a virtual landscape.

This program was recorded as part of ABI's 2020 Virtual Winter Leadership Conference on December 3rd, 2020.

Provided By

American Bankruptcy Institute

Panelists

Prof. Harvey Rishikof

Visiting Professor of Law
Temple University Beasley School of Law

Harvey Rishikof is a Visiting Professor of Law at Temple University Beasley School of Law. He is involved in a number of legal-policy projects sponsored by the MITRE FFRDC, the MacArthur Foundation, the Center for Strategic International Studies, the Hewlett Foundation and the National Academy of Sciences.

Professor Rishikof is the former Director of Military Commissions and Convening Authority at DoD, and the co-chair of the ABA National Task Force on Cybersecurity and the Law. Most recently he was senior counsel at Crowell & Moring, dean of faculty at the National War College, and held a joint appointment at Drexel University in the law school and the iSchool, College of Information Science and Technology.

Professor Rishikof’s last government position was senior policy advisor to the director of national counterintelligence at the Office of the Director of National Intelligence. Before joining the government he was at the National Defense University, National War College in Washington, D.C., where he served as professor of law and national security studies, and also chaired the department of national security strategy. He specializes in national security law, international law, media, civil liberties, civilian/military relations, governmental process, and the U.S. Constitution.

Professor Rishikof’s career includes experiences in the private sector, academia, and public service. He is a lifetime member of the Council on Foreign Relations and the American Law Institute. He is the chair of the advisory committee for the ABA Standing Committee on Law and National Security; he also serves on the Board of Visitors for the National Intelligence University, as an advisor to the Harvard Journal on National Security, on the U.S. Board of Wilton Park, as a Visiting Distinguished Research fellow of the Center for Strategic Research at INSS at NDU, and as outside director for Chicago, Bridge and Iron (CBI).

As dean of the Roger Williams University School of Law, Bristol, Rhode Island (1999-2001), Professor Rishikof introduced courses in national security law and the Constitution, in cooperation with the Naval War College. He was also legal counsel to the deputy director of the Federal Bureau of Investigation. As Administrative Assistant to the Chief Justice of the Supreme Court (1994-96), Professor Rishikof, a former federal court of appeals law clerk in the Third Circuit for the Honorable Leonard I. Garth, served as chief of staff for the Chief Justice and was involved in general policy issues concerning the federal court system. In this capacity, he acted as liaison to the Executive Branch, Congress, the Federal Judicial Center, and the Administrative Office of the United States Supreme Court. For a number of years he was a Tutor in Social Studies and the Government Department at Harvard University. He was in private practice in Boston with Hale and Dorr.

Professor Rishikof has authored many publications and monographs and co-edited a book, Patriots Debate (2012). His most recent book publication is The National Security Enterprise: Navigating the Labyrinth (2009, 2nd ed 2017).

Louis T. DeLucia

Partner
Ice Miller, LLP

Louis T. DeLucia is a partner in and chair of Ice Miller’s national Bankruptcy & Restructuring Practice, focused on providing clients facing distressed situations with creative, strategic and cost-effective solutions that both minimize risk and maximize areas of potential opportunity and recovery.

Chambers USA reported that “Louis DeLucia offers clients experience in all areas of insolvency, corporate debt restructuring and bankruptcy litigation. His ability to isolate key issues in a case is highlighted by clients as a major asset of his practice.”

Louis has successfully represented a diverse group of clients that includes leading financial institutions; agents for bank syndicates; DIP lenders; indenture trustees; unsecured creditors’ committees; equity committees; asset purchasers; lenders to franchisors and franchisees; hedge funds; private equity funds; bondholders; governmental entities; corporations and shareholders; trustees, receivers and assignees; and debtors and creditors.

Louis is also a founding member of Ice Miller’s Distressed Investment Group (“DIG”), which focuses on distressed investment strategies and transactions, including bankruptcy and in-court restructurings, out-of-court restructurings, and other insolvency-related transactions. Louis has more than 30 years of experience in advising clients on complex strategic investing in the distressed market, including advising on loan-to-own strategies, debt restructurings, debtor-in-possession and exit financings, claims trading, distressed real estate acquisitions, section 363 sales, rescue capital deployment and other investment situations.

“Louis DeLucia has earned a commendable recognition of his hard work in representing lenders, distressed borrowers and creditors’ committees. Such a broad practice has led to his involvement in cases across the country,” wrote Chambers USA.

His representation encompasses a wide range of issues, including complex Chapter 11 cases; bankruptcy and creditors’ rights related litigation in state and federal courts; liquidation proceedings; cross-border insolvency proceedings; non-judicial loan restructuring, workouts and other alternatives to the bankruptcy process; and state court asset recoveries and foreclosures.

Louis has handled major bankruptcy cases across the country, including New York, New Jersey, Nevada, Pennsylvania, Delaware, Texas, Illinois, Florida, Connecticut, Kentucky, Virginia, Vermont, California and other jurisdictions.

Louis’s substantial experience in securities fraud enforcement actions, receiverships and state insolvency proceedings led to his court appointment as receiver in one of the largest securities fraud cases brought by the Bureau of Securities of the state of New Jersey and as counsel in Delaware to the Chapter 11 trustee of four corporate debtors involved in a complex multi-jurisdictional securities fraud scheme. Louis regularly represents securities fraud receivers in similar cases commenced by state regulators.

A nationally recognized thought leader, Louis lectures often on bankruptcy and related insolvency matters. He has published articles in leading bankruptcy and banking publications, and is a contributing editor to Banking and Lending Institution Forms on Loan Workouts and is an active member of the American Bankruptcy Institute (ABI), the Turnaround Management Association (TMA), State Bar Associations and related professional organizations.

He is repeatedly recognized in New York Super Lawyers for bankruptcy.

Solymar Castillo-Morales

Capital Member
Goldman Antonetti & Cordova, LLC

Solymar Castillo Morales joined the firm's Litigation and Trial Practice Department as a Capital Member in 2010. Prior to joining Goldman Antonetti & Cordova, Ms. Castillo worked as an Associate attorney for various law firms in San Juan, and as Legal Advisor and Director of the Collections Bureau at the Puerto Rico Department of Treasury, where, among other things, she was in charge of negotiating Closing Agreements and Offers & Compromise presented by Tax Payers in order to determine their feasibility and compliance with the Internal Revenue Code of Puerto Rico and the established public policy.

She has represented and advised numerous organizations and individuals on legal issues regarding Commercial, Tax and Bankruptcy Law, as well as other civil matters, mainly Torts, Construction, Contracts, Trademarks, Foreclosures and Labor Law. She also worked as independent investigator for the Ethics Commission of the Senate of Puerto Rico, analyzing compliance with ethics regulations in financial reports filed by lawmakers. As part of her work at Goldman she has also represented Unsecured Creditors’ Committees and Developers’ claims on contractors’ bankruptcy cases, in addition to work with property taxes claims in the administrative and local courts. She is also the coordinator of the Summer Law Clerk Program.

She is a co-author of the Chapter 7 Bankruptcies Statistics and Analysis of the Inside the Minds, Chapter 7 Consumer Bankruptcy Strategies, 2011 Edition for Aspatore Books; and, Best Practices for filing Chapter 13, 2015 Edition for Aspatore Books.

Dylan Trache

Partner
Nelson Mullins Riley & Scarborough, LLP

Dylan focuses his practice in bankruptcy and financial restructuring. He has experience representing Chapter 11 debtors, bankruptcy trustees, major creditors, and other parties in business bankruptcy cases in many industries including mass media, legal services, aviation, retail, manufacturing, and food and beverage. Dylan also has experience representing plaintiffs and defendants in avoidable preference, fraudulent conveyance, claim objections, and other bankruptcy litigation. His experience also includes representing buyers and sellers of assets in sales conducted under Section 363 of the United States Bankruptcy Code. He has been certified by the American Board of Certification in business bankruptcy law since 2007.


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