Strategic Use of Independent Directors in Multi-Jurisdictional Insolvency Proceedings

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will explore the roles, responsibilities, benefits and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments. The session would also overlay the jurisdictional distinctions among various administrative proceedings, including offshore liquidations, U.S. bankruptcy, U.S. receiverships and common law receiverships. The panelists will offer real world examples to show the differences and how the role of the director is utilized, as well as what is at stake for them, the company, the creditors and the investors. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Katherine R. Catanese, Moderator
Foley & Lardner; New York
Joel E. Cohen
Stout Risius Ross, LLC; New York
Casey McDonald
Calderwood, Grand Cayman, Cayman Islands
Michael Pearson
FFP (Cayman) Limited, Grand Cayman, Cayman Islands
Rachael Reynolds
Ogier; Grand Cayman, Cayman Islands

Conference
2019 Caribbean Insolvency Symposium
Date