Investment Banking Committee

ABI Committee News

ABI's Annual Spring Meeting: Committee Educational Session

ABI's 26th Annual Spring Meeting, the networking and CLE event of 2008, will be held April 3-6 at Washington, D.C.'s Renaissance Hotel in the Nation's Capital! Join us during cherry blossom season for exciting and informative sessions, including a luncheon keynote by Supreme Court Justice Samuel A. Alito, Jr.

Financial Advisors, Investment Banking, Asset Sales & Technology and Telecommunications will meet in a joint educational session. The title of the session is "Everything that the Bankruptcy Professional needs to know about Intellectual Property." The committee will meet on Saturday, April 5, from 4:00 to 5:30 p.m.

The presentation will focus on hidden value of patents, which is often undiscovered in bankruptcy cases.  This program will provide a summary of how to identify and value these assets and how to monetize patents through litigation, licensing or an outright sale.  The panel will explore leading case studies that reveal strategies for accessing these diamonds in the rough. 

Bonus Presentation: The Investment Banking Committee will provide an up to the minute report on the current state of the capital markets. You won't want to miss this.

This program will feature a faculty of prominent practitioners: Kevin P. Anderson, Wiley Rein LLP, Washington, D.C.; George M. Kelakos, Kelakos Advisors LLC, Greenwich, CT; James F. Wallack, Goulston & Storrs, PC, Boston, MA.

For more information regarding the program, please contact:

  • the Technology and Telecom committee co-chairs William Snyder at william.snyder@crgpartners.com or Jason Gold at jgold@wileyrein.com;
  • the Investment Banking committee co-chair Scott Victor at jscott.victor@nationalcity.com;
  • the Financial Advisors committee co-chairs Stephen Gray at ssg@trgusa.com or David Powlen at dpowlen@wesrespartners.com or Jerry Shapiro at gshapiro@crpllc.net, or
  • the Asset Sales committee co-chairs Weston Anson at wanson@consor.com or David Peress at dperess@crystalcity.com.


Show Me the Money: How Investment Banks Can Enhance the Likelihood of Having Their Fees Paid in Full for Services Provided in Turnarounds and Restructuring

by: Tracy A. Marion
Shapiro, Fussell, Wedge & Martin, LLP; Atlanta

Given the complexity of many reorganizations filed under chapter 11 of the Bankruptcy Code, it comes as no surprise that investment-banking firms are more involved than ever in assisting corporations reorganize. Section 327 of the Code authorizes the trustee or a debtor-in-possession (DIP) to employ professionals, including investment bankers and financial advisors, “to represent or assist the trustee in carrying out the trustee’s duties” under the Code. 11 U.S.C. §327(a); In re Drexel Burnham Lambert Group Inc., 133 B.R. 13 (Bankr. S.D.N.Y. 1991). The advent of aftermarket buyers of shares in today’s liquid financial markets, however, often leaves the firm dealing with different managers and committee members at the time for final approval of its fee, usually after confirmation of the plan. Often coming late to the reorganization process, these new participants are more interested in enhancing the gains on their claims or interests and are frequently less appreciative of the firm’s efforts. This article provides investment banks and other professionals with an overview of (1) how to minimize the likelihood that a court will deny or reduce the investment bank’s fee, and (2) how to improve the likelihood of winning a dispute over professional fees.

Read the full article.