North Dakota (ND) Securities CLE Course Catalog

CFIUS issued final regulations in late January to comprehensively implement FIRRMA. Further proving that addressing growing national security concerns over foreign exploitation of certain investment structures is top of mind for regulators. This session will deep dive into the key points of this regulation and what it means for international transactions.

The SEC’s action of re-instituting the delegation of investigative enforcement authorities signals the potential for an uptick in both investigations and enforcement actions.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel will discuss common valuation challenges and responses, and provide insight into piecing together multiple valuation techniques. The panelists will also touch upon identifying reasonable comps for similar companies and precedent transactions, reliance on/restating projections, and where valuation and liquidation analyses blend together, including non-cash-flowing assets.

This panel also will cover topics ranging from access to courts, to the increased use of inherent judicial power, to virtual trials, to valuation and compromise in uncertain (unprecedented) times, to recent developments in avoidance actions.

Chesapeake Energy, an exploration and production company, filed for chapter 11 on June 28, 2020, in the Southern District of Texas and emerged from bankruptcy on Feb. 9, 2021. This session’s panelists, all of whom were involved in the bankruptcy court hearings, will contrast (in a non-advocating fashion) the different valuation methodologies used by the debtors’ and UCC’s valuation experts with the primary legal arguments raised by the debtors’ and UCC’s legal teams.

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.

The impact of climate change has been hard to ignore within the past two years. From floods to fires, air pollution to plastic pollution, these problems have not and are unlikely to evaporate anytime soon. In 2020, businesses have had to consider their own social responsibility to these emerging challenges. With these issues continuing to escalate and consumers demanding better, many businesses must take action now. In this session, we will explore how you can take control of your ESG data narrative to drive a positive impact on the environment.

Unemployment in the US and globally has soared in the past weeks driven by the economic crisis. Thinning employee ranks and the large scale roll-out of remote working has inevitably driven an increase in the cases of internal fraud, insider trading, and bribery. Historical data has further indicated that this will lead to the perfect storm. But, what does this mean for in-house legal teams and how can they stay ahead of the challenges predicted for the remainder of 2020? White-collar trends to have on the radar for 2020 Discover the latest regulatory updates and key case law How can you take measured steps to protect your business from insider trading and internal fraud Whistleblowing tools you should have implemented today.