Management & tactics for in-house counsel operating in the ‘Zone of Insolvency’ IBA Corporate Counsel Forum October 6, 2009 - Madrid E. Leigh Dance, President,

Slides:

Advertisements

Similar presentations

2007 Leigh Dance The reproduction, modification, or distribution by whatever means of the whole or any part of this presentation (including, without limitation,

Advertisements

Organizational Governance

Purpose, Process, Professionalism

An Introduction to professional services. The professional services The professional services support businesses of all sizes across the economy, providing.

The Effective Board the role key stakeholders legal structure duties decision-making preparing for Board Meetings START FINISH chairing.

Good Governance in Licensed Clubs

The Right Issues Exceeds Expectations Meets Expectations Needs Improvement N/A 1. The Board focuses on activities that will help the Company maximize shareholder.

Freshfields Bruckhaus Deringer LLP Global investigations What to advise your board Marius Berenbrok Edward Braham Matthew Herman Melissa Thomas 29 February.

Succession Planning for Business Owners May 19, 2011 Ted A. Waggoner Peterson Waggoner & Perkins, LLP Law Firm.

LEGAL CHALLENGES DURING AN ECONOMIC DOWNTURN 12 FEBRUARY 2009.

IS BIG DATA GIVING YOU A BIG HEADACHE? Risk Reduction - Transactional, International and Liability Issues Oregon State Bar Corporate Counsel Section Fall.

1 WHEN THE REGULATOR COMES KNOCKING – 5 MYTHS © Copyright Ellen Bessner Ellen Bessner

PwC Advisory Services Asbestos: A way forward from financial uncertainty 14 June 2005.

Fraud Auditing Chapter 11.

©2006 Prentice Hall Business Publishing, Auditing 11/e, Arens/Beasley/Elder Fraud Auditing Chapter 11.

Initial Public Offerings - “IPO” Access to US-Public Markets

CHAPTER 7 ACCEPTING THE ENGAGEMENT AND PLANNING THE AUDIT Fall 2007 u Client Acceptance and Retention u Planning the Audit u Obtaining an Understanding.

IS Audit Function Knowledge

Management Control Systems

KHALID AZIZ Fraud Auditing KHALID AZIZ JOIN KHALID AZIZ ECONOMICS OF ICMAP, ICAP, MA-ECONOMICS, B.COM. FINANCIAL.

INTERNAL CONTROLS. Session Objectives Understand why an organization should have internal controls Understand the key components of internal controls.

©2008 Prentice Hall Business Publishing, Auditing 12/e, Arens/Beasley/Elder Fraud Auditing Chapter 11.

0 Career Opportunities in Public Accounting. Introduction to Deloitte & Touche 1 Deloitte Touche Tohmatsu u Over 100,000 people worldwide u Over 30,000.

Building a Compliance Risk Monitoring Program HCCA Compliance Institute New OrleansApril 19, 2005 Lois Dehls Cornell, Esq. Assistant Vice President, Deputy.

How the Balance Scorecard Approach Compares to Policy Governance ® IPGA 2007 Annual Conference Alexandria, VA June 23, 2007 Presented by: David Mustine.

Preventing and Managing a Crisis. Overview This session will cover how to: Develop a crisis communications plan Prevent crises Prepare for crises Implement.

Chapter 4 Risk Assessment.

Implementing and Auditing Ethics Programs

Resources – Key to survival and competitiveness as a sole practitioner Peter Scott PETER SCOTT CONSULTING

Planning an Audit The Audit Process consists of the following phases:

© 2010 The McGraw-Hill Companies, Inc. Managerial Accounting and the Business Environment Chapter 1.

Good Governance in Sports’ Organisations Governance Matters Kate Costello.

Joint Forum of Financial Market Regulators Guidelines for Capital Accumulation Plans November 2004 The Impact DC Plan Sponsors G3-PD Colin Ripsman Toronto.

Maximizing Captive Value Through Teamwork. Speakers: Irena Kaler, Executive Director/CAO, RWJ Health Network Insurance Services Ken Rand, Managing Director,

Board of Directors and Governance

Issues in Corporate Governance: Board Structures and Functions Based on a Student Presentation by Joshua Shullaw and Matthew Domeyer.

CERTIFICATION In the Electronics Recycling Industry © 2007 IAER Web Site - -

Avoiding Traps in Internal Investigations H. Lee Barfield II Bass, Berry and Sims PLC November 5, 2010.

C&N / Legal / Pricing / Procure- ment / Client Opportunity Owner / Design Team Develop Proposal Plan / Validate Budget Develop Proposal SMAs provide advice.

Financial Accounting and Its Environment Chapter 1.

Copyright © 2006 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 5-1 Chapter Five Audit Planning and Types of Audit Tests Chapter.

© 2010 The McGraw-Hill Companies, Inc. Managerial Accounting and the Business Environment Chapter 1.

New Legislative Developments for Non-Banking Financial Institutions Matei Florea 12 November 2009.

ECON 308 Week 15 Corporate Governance Chapter 18 1.

Chapter Three. Ethics – the study of what constitutes right or wrong behavior Business ethics – what constitutes what is right or wrong behavior in the.

Reporting to Stakeholders. What are Stakeholders? An individual or group with an interest in an organisation An individual or group with an interest in.

Chapter © 2012 Pearson Education, Inc. Publishing as Prentice Hall.

Good Governance in Not-for-Profits

NEACS: CRO Perspective William Feher Vice President, Internal Audit and Chief Risk Officer October 27, 2015.

Chapter 3 Governance.

Director Competencies for the 21 st Century Dan Kent, Vice President Member Services The Triangle Companies.

AUDITING FOR IMPACT – INTERNAL AUDIT ADDING VALUE TO ORGANISATIONS TGM HOOLEY 29 September 2005.

Chapter © 2012 Pearson Education, Inc. Publishing as Prentice Hall.

Crisis Management. How to avoid a crisis  Stay on top of everything within your company  Listen to everything and always think how situations can turn.

Consulting Guidelines.  This is not your business!  You can only make recommendations based on the consulting agreements objectives  You may recommend.

Good Governance in Independent Schools Governance Matters Kate Costello.

Business Studies Find your chair: Look at the picture what does this mean to you? Be prepared to answer if called upon: This does not require any verbal.

ICAJ/PAB - Improving Compliance with International Standards on Auditing Planning an audit of financial statements 19 July 2014.

Task Force on Banking Crisis Resolution Procedures Assonime-CEPS-Unicredit Task Force on Banking Crisis Resolution Procedures Key issues in bank crisis.

©2005 Prentice Hall Business Publishing, Auditing and Assurance Services 10/e, Arens/Elder/Beasley Fraud Auditing Chapter 11.

RISK MANAGEMENT AND CRISIS RESPONSE WORKSHOP Lawrence E. Ritchie November 25, 2014.

Transitioning from Outside Counsel to In-House: Tips on Positioning Yourself for the General Counsel Position JEFF CHRISTIANSON WSBA CORPORATE COUNSEL.

IBOS Association and Bank of Shanghai

Corporate Governance.

What are the rules that apply? What are duties of the lawyer?

Vitol’s Compliance systems against bribery and corruption

Board of Directors Roles and Responsibilities

Governance and Audit Oversight for Capital Market

Rapid Fire Panel.

UNDERSTANDING THE ENTITY AND ITS ENVIRONMENT AND ASSESSING THE RISKS OF MATERIAL MISSTATEMENT Topic 5.

Presentation transcript:

Management & tactics for in-house counsel operating in the ‘Zone of Insolvency’ IBA Corporate Counsel Forum October 6, Madrid E. Leigh Dance, President, ELD International – 6 October 2009, Madrid

- 6 October 2009, Madrid In-house Lawyer Responsibilities - Operating in the ‘Zone of Insolvency’  Financial/legal Cash pooling Backdating Re-negotiation of credit facilities  Employment/labor Mass dismissals Retaining key personnel  Liability & Risk Management Subsidiary board members In-house counsel Regulatory issues

- 6 October 2009, Madrid In-house Lawyer Responsibilities - Operating in the ‘Zone of Insolvency’  Management Dealing with shareholders, creditors, suppliers, clients Conflicts of loyalties Unwinding of a complex, tax-driven corporate structure Retaining advisors – the issue of independence  Multi-disciplinary Identifying restructuring options (e.g. pre-insolvency proceedings, insolvency proceedings, EU Regulation on cross border insolvencies)

- 6 October 2009, Madrid In-house Lawyer Responsibilities - Operating in the ‘Zone of Insolvency’ Other issues that will arise: Your organization’s healthy businesses need ongoing legal support Your in-house legal team needs to be managed Legal risks rise with distracted employees : compliance issues, accidents, corruption (kickbacks, etc.) Pressure to misstate financial reporting You’re in the spotlight: what do you say? Everyone is nervous: inquiries from third party providers, suppliers, customers

- 6 October 2009, Madrid In-house Counsel: How to Succeed in the ‘Zone of Insolvency’ Organize, delegate, communicate Use project management tools and discipline Identify responsible individuals for issues: clarify spokespeople, accountability, approval chain Be decisive Align repetitively with other key functions Be positive: “We are going to get through this.”

- 6 October 2009, Madrid In-house Counsel: How to Succeed in the ‘Zone of Insolvency’ Ask the questions no one dares to ask. Keep your Board(s) involved.* Line up your outside advisors early. Stay in touch with your stakeholders; consider unconventional ideas.* Conduct a serious risk assessment, then try to prepare for the unpredictable.* Prepare checklists - contact info for key individuals, affected constituencies. * From Peter Beshar, EVP and GC, Marsh & McLennan Group, “Living through a Corporate Crisis and Preparing for What Might Come Next,” from Bright Ideas: Insights from Legal Luminaries Worldwide, Mill City Press, 2009

- 6 October 2009, Madrid In-house Lawyer Responsibilities - Operating in the ‘Zone of Insolvency’ “ When you are going through hell, by all means keep going. ”