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Chambers Webinar with Omni Bridgeway: Litigation Funding in Bankruptcy

About this webinar

Inflation is running hot, interest rates are rising, and recessionary signals are blinking red in the U.S. for the first time in a while. Spend 45 minutes with leading insolvency practitioners to hear about the role litigation funding will play in the next economic downturn. This session will cover the current state of the law, disclosure requirements, ethics considerations, how to obtain funding and more. We will discuss a real-world example of litigation funding in the post confirmation trust context to illustrate these concepts.

  • Managers of financially distressed companies are keenly focused on liquidity and optimizing cash management. They seek ways to monetize non-core assets and reduce company expenses. Litigation funding is one possible way to achieve these objectives.
  • Companies struggling to survive may have valuable claims, or a mix of affirmative and defensive litigation, to pursue and defend against, and limited resources to do so. Traditional funding sources may not be available. Funding to pay legal expenses or an up-front monetization may be available to provide immediate relief.
  • Before, during and after a bankruptcy filing, a company with litigation assets may be able to obtain litigation funding to pursue recoveries that would otherwise be impossible. Funding is often used post-confirmation by a litigation or liquidating trust for this purpose.
  • Today’s insolvency practitioners should know how litigation funding works, its strengths and its limitations, and whether it is a viable option for their clients.

Event Details:

Event date
Wednesday, 28 September 2022 - Sunday, 15 December 2024
5:00 PM - 5:45 PM
Online
Simon Christian, Global Research Director

Simon was a researcher and later a deputy editor on the Chambers UK team, before becoming editor of the Chambers High Net Worth guide. He has an LLB in Laws from University College London. He also studied for the BPTC at City Law School and was Called to the Bar at Middle Temple.

Stephen Lerner, Partner, Squire Patton Boggs

Stephen D. Lerner is global chair of the Squire Patton Boggs Restructuring & Insolvency Practice Group. Having practiced for more than 35 years, Stephen has an extensive national and cross-border restructuring practice in which he represents debtors, committees of unsecured creditors, secured and unsecured creditors, equity interest holders and acquirers of troubled businesses in Chapter 11 reorganization cases, Chapter 9 municipal restructurings, Chapter 15 cases and out-of-court restructurings throughout the United States, Europe, Asia, South America and most recently in the United Arab Emirates and India. Stephen has led the representation of clients in the Chapter 11 cases of Lehman Brothers, Enron, Chrysler, WorldCom, Ferrellgas, FirstEnergy Solutions, AmFin Financial, Blackjewel, Hartshorne Mining Group, Midway Gold, and EaglePicher, among many others. Most recently, Stephen served as the Court Appointed Examiner in the precedent setting Purdue Pharma Chapter 11 case in the Southern District of New York. In July 2022, the Ferrellgas restructuring team led by Stephen was named Turnaround of the Year (Large) by Global M&A Network. He served as lead restructuring advisor to Dana Gas PJSC, the largest independent gas company in the Middle East, in its $700 million Islamic financing restructuring which was awarded the Middle East Restructuring of the Year in 2019 by the International Financial Law Review. The Firm’s US restructuring team led by Stephen was named 2020 USA Restructuring Firm of the Year – Middle Markets by Global M&A Network.

Ken Epstein - Chambers and OmniBridgeway Webinar - 28 Sept
Ken Epstein, Investment Manager and Legal Counsel, Omni Bridgeway

Ken Epstein is an Investment Manager and Legal Counsel at Omni Bridgeway, responsible for leading the company’s US initiatives in bankruptcy and insolvency-related matters. For over 20 years, he has successfully combined legal and finance expertise to help solve problems and add value for companies, lenders, and investors. Ken works closely with individuals, corporations, and law firms to provide funding and risk management strategies for distinct claims or claim portfolios. Ken has extensive experience advising chapter 11 debtors, creditors and estate representatives in complex debt restructurings and insolvency disputes. Many of Ken’s current matters involve cross-border judgment enforcement and monetization for creditors.

David J. Beckman, Sr. Managing Director, FTI Consulting

David J. Beckman specializes in working with the management and the creditors of financially distressed companies. Mr. Beckman has close to 25 years of experience in business and consulting, and his industry expertise is in financial services, mining, mortgage lending and wholesale. For the past 20 years, Mr. Beckman has assisted lenders, creditors’ committees and debtors in analyzing and developing plans of reorganization; selling and liquidating business units and assets; raising debt and evaluating debt instruments and structures; preparing and analyzing financial forecasts; and executing other financial based transactions and analyses. He has been involved in numerous transactions, including asset sales, corporate restructurings, asset securitizations and raising debt and equity financings.

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Wednesday, 28 Sep 2022 • 05:00 pm
Chambers Webinar with Omni Bridgeway: Litigation Funding in Bankruptcy