Webcast – Insolvency, Incivility, and Incorrigibility: A Look Into the World of High-Stakes, Bare-Knuckles Bankruptcy Litigation

February 24, 2016

​In light of the tumult in the junk bond market, the gyrations in the stock market, and other storm clouds on the global economic horizons, companies that face refinancing of their debt in 2016 and 2017 may find themselves restructuring through bankruptcy in Chapter 11. Creditors will face off for their respective piece of the restructured company, leading to specialized and fast-paced litigation.

In this presentation, we address a number of substantive litigation issues that tend to arise in a contentious bankruptcy, where many parties are fighting over a limited pool of assets—such as claims for breach of fiduciary duty, equitable subordination, and avoidance of fraudulent transfers, as well as litigation that arises in the context of plan confirmation. We will also highlight some procedural tactics that have enabled parties to position themselves favorably among the various players in bankruptcy litigation. Please join us for this informative and timely presentation.

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Robert A. Klyman — Robert A. Klyman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and a member of the Business Restructuring and Reorganization and the Energy and Infrastructure Practice Groups as well as the Corporate Department. Mr. Klyman represents debtors, acquirers, lenders and boards of directors. His experience includes advising debtors in connection with traditional, prepackaged and “pre-negotiated” bankruptcies; representing lenders and other creditors in complex workouts; counseling strategic and financial players who acquire debt or provide financing as a path to take control of companies in bankruptcy; structuring and implementing numerous asset sales through Section 363 of the Bankruptcy Code; and litigating complex bankruptcy and commercial matters arising in chapter 11 cases, both at trial and on appeal.

Mitchell Karlan  — Mitchell A. Karlan is a litigation partner in Gibson, Dunn & Crutcher’s New York office.  He has more than 30 years of experience in major, complex commercial litigation, with significant concentration in the areas of mergers and acquisitions, corporate control disputes, directors’ fiduciary duties, federal securities law, shareholder derivative actions, bankruptcy litigation, and domestic and international arbitration.

Mr. Karlan has tried numerous jury and nonjury cases in federal and state courts.  He has represented broker dealers and issuers in securities class actions.  He has defended and prosecuted numerous shareholder derivative cases in Delaware and elsewhere involving alleged breaches of fiduciary duties.

Oscar Garza — Oscar Garza, a partner in Gibson, Dunn & Crutcher’s Orange County and Los Angeles offices, joined the firm in 1990. He is a member of the Business Restructuring and Reorganization Practice Group (and was a former co-chair of the Restructuring Group), Transnational Litigation and Latin America Practice Groups.

Mr. Garza’s restructuring practice involves representing debtors, creditors’ committees, and secured creditors in chapter 11 cases, advising buyers and sellers of the assets of financially distressed companies, and representing Bankruptcy Trustees in complex cases.

Mr. Garza’s transnational litigation practice is currently focused on leading and coordinating the defense against recognition and enforcement of foreign judgments with significant emphasis in defending actions in Latin America. He is also advising on litigation strategy for multinational corporations involved in litigation within Latin America.

Kahn A. Scolnick — Kahn A. Scolnick is an appellate and general litigation partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law, Class Actions, Securities Litigation, and Transnational Litigation practice groups.

Mr. Scolnick has handled a wide range of litigation matters in state and federal courts, from the pre-filing stage through the appeal. He has represented clients in a variety of breach-of-contract, real estate, consumer and securities class actions, and other business disputes, as well as constitutional litigation involving challenges based on due process, equal protection, the Commerce Clause, and the First Amendment.