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Managing Credit Risk in the Post-Lehman World: Protecting Investment & Finance Transactions Against Potential Bankruptcy Fallout

October 2015

Watch Recording. (CLE Credit Available)

This program addresses the key role that bankruptcy analysis plays in managing credit risk in investment and finance transactions, especially in the post-Lehman world. Our discussions include an EU perspective particularly with respect to current developments in derivatives safe harbors and securitizations.

Topics include:
Investment Transactions

  • Safe Harbor for Swaps, Repos & Securities Contracts: How "safe" are they?
  • Prime Brokerage: When are you a protected "customer"?
  • Collateral Custody: Who is really holding your investment assets?

Treatment of State Law "Series" Entities in Bankruptcy

Structured Finance Transactions

  • Special Purpose Entities (SPEs): "Bankruptcy-remote" is not "Bankruptcy-proof"
  • Securitizations: The Formalities Matter, Deeply
  • Legal Opinions: Why Bankruptcy Lawyers are such Pains-in-the-A**

Corporate Restructurings, Spinoffs, LBOs & Debt Restructuring

  • Fraudulent Transfers: Why Bankruptcy Lawyers are such Pains-in-the-A**
  • Practical Approaches