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Webinar | The Roles, Duties, and Obligations of a Board of Directors in Bankruptcy
Friday, November 19, 2021, 12:00 PM - 1:15 PM CST
Category: Private Equity

10:00 AM - 11:15 AM (Pacific)
11:00 AM - 12:15 PM (Mountain)
12:00 PM - 01:15 PM (Central)
01:00 PM - 02:15 PM (Eastern)

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Zoom invitation will be shared the day before the event.

Overview

The panel will discuss the fiduciary duties owed by legacy and newly-appointed independent directors to a company and its stakeholders leading up to and during a chapter 11 bankruptcy proceeding.

The panel will also address the unique role and responsibilities of independent directors in bankruptcy and the current trends regarding court and creditor oversight of those directors.

Finally, the panel will discuss the legal protections both legacy and independent directors can expect to receive during a bankruptcy proceeding and in a plan of reorganization and the case law that defines those protections.

Thank you to our Bronze Chapter Sponsor and Webinar Host!

Thank you to our National and Gold Chapter Sponsors!

Panelists

 

Jeff Pomerantz 
Partner 
Pachulski Stang Ziehl & Jones

Jeff Pomerantz is a member of the firm's management committee, a co-chair of the firm's creditors' committee practice, and resident in the firm's Los Angeles office. He is a fellow of the American College of Bankruptcy and from 2016-2017 was the president of the American Bankruptcy Institute, the largest restructuring organization in the United States. His practice includes representing companies, creditors' committees, and private equity funds in complex financial restructurings and merger-and-acquisition transactions both in and out of court. Mr. Pomerantz has particular expertise in restructurings in the energy, manufacturing, restaurant, and retail sectors. He also represents private equity funds in asset-acquisition transactions. He is a graduate of New York University (1986 Phi Beta Kappa), where he also received his J.D. (1989, Order of the Coif). Mr. Pomerantz has been recognized as an outstanding lawyer by the preeminent publication Chambers USA every year since 2007.

 

John S. Dubel
Chief Executive Officer
Dubel & Associates, LLC

John S. Dubel is the Chief Executive Officer of Dubel & Associates, LLC, a provider of advisory and management services to underperforming companies, which he founded in 1999. He has over 35 years of experience in Board representation, turnaround management, crisis management, operational restructurings and divestments. Over the course of his career, John has served as an independent board member for numerous companies. In addition, he has served as the Chief Executive Officer of SunEdison, a renewable energy development company, Chief Executive Officer of Financial Guaranty Insurance Company (FGIC), a monoline insurance company, among others, and as a partner in Gradient Partners, L.P., a single-strategy distressed hedge fund. Mr. Dubel is a member of the Turnaround Management Association and the American Bankruptcy Institute. Mr. Dubel received a Bachelor in Business Administration degree from the College of William and Mary.

 

Holland N. O'Neil
Partner
Foley & Lardner LLP

Holland O’Neil is a skilled financial restructuring and reorganization partner, focusing primarily on corporate restructurings, with over 30 years of experience. She is well-regarded in the bankruptcy bar among judges and financial and other advisors and she is described by clients in Chambers USA as “a top-notch lawyer,” receiving praise for her courtroom presence and negotiating skills.

Holland practices not only in Texas, but in jurisdictions across the United States. She assists companies with complex bankruptcies, restructurings and workouts, acquisitions of distressed assets and bankruptcy litigation. She and her team members have represented clients in all aspects of turnarounds and restructurings, as well as provided assistance with other corporate needs, in numerous industries.

Holland's clients include debtors in possession, creditors’ and equity holders' committees, examiners, secured and unsecured creditors and trustees and parties interested in acquiring assets from troubled companies.

 

Lawrence X. Taylor

A C-level executive, advisor and board member with more than 30 years of business experience, Lawrence has guided organizations through complex restructurings, acquisitions, corporate development activities and capital transactions totaling over $15 billion. His experience includes public, private and family owned businesses across diverse industries. He possesses extensive knowledge of finance, strategy and operations and has developed strategic, financial, operating and turnaround strategies across multiple industries including - casino gaming, hospitality, manufacturing, aviation, real estate, retail, and healthcare. Lawrence currently serves on the boards of Barrie House Coffee, Two Second Media and CLP Holdings III, LLC. At Barrie House Coffee, he chairs the M&A committee and serves on the strategic planning committee. He has served on the boards and committees (M&A, Strategic Planning, Restructuring, Finance and Compensation) of multiple companies, including two companies in Chapter 11. Lawrence is an NACD Board Leadership Fellow and recognized as a “Director to Watch 2020” by Private Company Director Magazine. In addition, Lawrence is co-chair of the NACD Arizona Advisory Board and serves on the Private Directors Association Oversight Board for the Private Equity Initiative.

Moderator

 

Gregory Demo
Counsel
Pachulski Stang Ziehl & Jones

Gregory Demo is of counsel at Pachulski Stang Ziehl & Jones.  Greg represents debtors and creditors, including hedge funds and other significant holders of securities, in connection with complex chapter 11 reorganizations and handles insolvency-related sales and acquisitions.  Prior to joining Pachulski in June 2019, Greg was the general counsel and chief compliance officer of an SEC-registered investment adviser that manages assets in excess of $1 billion and has historically focused its investments in financial institutions, CDOs, and stressed, distressed, and special situations. Greg worked with the fund’s investment professionals to create litigation strategies in state, federal, and bankruptcy court.

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