All Good Things Come to an End: Preserving Value, Minimizing Liabilities and Taking Advantage of Opportunities During an Economic Downturn

Program Number: 2933

Program Date: 01/23/2019


**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date ****

A decade after the “Great Recession,” numerous indicators—some new, some old—point to the reemergence of troubled times in the near future. Regulators and investors have little to no visibility into the pools of hundreds of trillions of dollars of derivatives and other esoteric securities pegged to the debt markets; outstanding U.S. corporate debt exceeds $7.5 trillion; interest rates are on the rise; geopolitical uncertainty over trade policy and BREXIT contributes to market volatility and a wall of high yield debt is set to mature in 2019/2020. Against this backdrop, it would be fool hardy to assume the good times will never end; instead, prudence dictates preparing for the storm before it reaches shore. This program is designed to equip in-house and outside counsel alike with the knowledge and tools designed to address potential financial challenges now with the aim of preserving or even boosting enterprise value; ensuring that fiduciary duties are properly discharged to minimize liability; guarding against counterparty risk and locating opportunities for growth and expansion through distressed M&A and similar transactions. Specifically, we will discuss: (1) how the growth and aims of the distressed debt industry makes it imperative that companies are proactive in addressing actual or potential financial challenges as early as possible; (2) best practices for corporate governance; (3) how to use the tools provided by the Bankruptcy Code to leverage concessions or improve negotiating positions with landlords or general creditors without filing for bankruptcy itself; (4) how to assess and manage counterparty risk in contracts, licenses and other agreements to maintain business continuity and mitigate against fraudulent transfer and preference risk and; (5) how to capitalize on other’s financial distress through distressed asset sales or M&A transactions under state law such as the UCC or in a formal bankruptcy case.

$95.00Audio CD Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for BOTH Experienced and New Attorneys in NY


Marc E. Hirschfield, Esq.

Royer Cooper Cohen Braunfeld LLC

Marc Empowered ambition when he served as one of the lead attorneys to the trustee for the Bernard l. Madoff investment securities ponzi scheme where he oversaw more than one thousand litigations.

Marc was personally involved in negotiating settlements where the Trustee collected more than $8 billion, all of which was paid to the victims of Madoff's crimes.


Marc Skapof, Esq.

Royer Cooper Cohen Braunfeld LLC

Marc EMPOWERED ambition when he leveraged his experience representing borrowers, lenders and distressed investors to educate an energy client on the business motivations and concerns of investors in a bond exchange offering and helped negotiate company-favorable terms during one of the most drastic declines in oil and gas prices in history.

Through an in-depth industry experience and knowledge of how distressed investors differ from traditional lenders and institutional investors, he aided the client in closing a complex financing transaction on an accelerated time-frame while also counseling on how distressed investors view a company's capital structure as a means to achieve above-average returns and arbitrage opportunities in non-traditional ways.