Library

Rules, norms, and tips for arguing a motion before a judge; and tips for preparing for an oral argument.

A high-level overview of private equity and venture capital firms, including the major types of firms, their investors, how they make money, competition and the largest firms in the industry.

Management incentives used in private equity mergers and acquisitions, covering both equity and non-equity incentives, and looking at how the various incentives motivate key personnel in portfolio companies after the acquisition. The course discusses incentive units, RSUs, rollover equity, deferred compensation, SARs, phantom units, and change of control bonuses.

An advanced discussion on how to prepare your witness for cross examination. Teaches how to educate your witness on the tactics the other lawyer will use, and how they can defuse those tactics. Also covers how to approach mock cross, what to look for in your witness’s mock answers, and how to give effective feedback.

A look at how loss is defined in acquisition agreements, including a discussion of buyer and seller perspectives and negotiating positions. Features insights from ABA M&A Committee members Leigh Walton from Bass, Berry & Sims and Scott Whittaker from Stone Pigman Walther Wittmann.

An overview of the various components that make up indemnification in a private M&A deal, including caps and baskets, survival periods, escrows, sandbagging provisions, and rep and warranty insurance.

This track explores how private equity deals are financed, how management incentives are structured, and the strategies funds use to create value.

The basics of due diligence and closings in M&A deals. Includes an overview of the diligence process, tips for conducting due diligence, the closing process, the differences between simultaneous and delayed closings, and guidance on drafting key closing documents.

An introduction to the corporate form, the four stages of a corporation’s life cycle—startup, growth, maturity, and decline—and key stages of corporation formation, including incorporation, organization, and capitalization, as well as the biggest governance issues faced by corporations at each stage and an overview of the role lawyers typically play at each stage.

Key strategies and procedures for defending a corporate deposition. This track covers responding to a corporate deposition notice, selecting and preparing the corporate witness, deposition objections, protective orders, confidentiality designations, and more.

Tips and strategies for working effectively with experts on your case. Covers how to prepare for direct of your expert, prepare your expert for cross, and conduct cross examination of the other side’s expert. Gives tips for maximizing your expert’s performance and steering clear of mistakes. Also discusses tricky ethical areas like privilege over communications and draft reports, as well as how to choose the right expert in the first place.

The different types of Chapter 11 cases, the process of a Chapter 11 case (including the “first days” and 363 asset sales), and the major documents in Chapter 11 (including Chapter 11 plans, disclosure statements and orders, and restructuring support agreements).