2023

NO CLE - Lessons from Luckin: A Cross-Border Case Study

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong.

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NO CLE - Lessons from Luckin: A Cross-Border Case Study

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong.

Free Session

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NO CLE: Luncheon & Keynote with Kenji Yoshino

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NO CLE - Non-Monetary Defaults

This panel will discuss what happens when lenders default on paying borrowers for non-monetary reasons, such as covenant or compliance violations on real estate loans like debt-coverage-ratio violations. The lenders’ goal is to regain possession of the real estate for investment purposes and deploy it at higher interest rates. The panelists will discuss the impact and efficacy of this strategy from all angles: institutional lender-side, borrower-side and investor-side.

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NO CLE - Danger Ahead! Avoiding and Addressing Ethical Landmines in Attorney Engagement and Compensation

This panel will focus on disputes regarding engagement as counsel and payment of fees. The panel will cover such issues as unbundling of services, bifurcated fee arrangements and conflicts of interest. The panelists also will discuss a number of ethical issues that have arisen in recent cases.

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NO CLE - The Clash of the Codes: Cancellation of Debt and Tax Strategies to Preserve Value

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NO CLE - Recent Developments in Debt Restructurings & Workouts (No C.L.E.)

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NO CLE - The Many Roles of a Neutral in Bankruptcy

This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.

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NO CLE - When Creditors Strike Back (No C.L.E.)

This session will discuss strategies that various creditors (e.g., committees, secured, priority and unsecured) can employ to counter, if not defeat, certain types of first-day relief, DIPs and other case-determinative actions that set the table for the chapter 11 case or, as some may describe it, result in the first-day fix. The panelists will touch upon substantive and procedural responses, objections, accommodations and extractions.

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NO CLE - "Been There, Done That": Preclusion Issues in Bankruptcy

This panel will delve into collateral estoppel, res judicata, judicial estoppel, equitable estoppel and, although jurisdictional, the Rooker-Feldman doctrine.

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