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LAW International Debt Workouts

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LAW 379

International Debt Workouts

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Recommended for route(s):

[ Transactional ] Business Law: International

Why it is relevant for ...

[ Transactional ] as a Key Elective : Businesses are becoming increasingly global. This course will familiarize students with the basic legal framework on cross-border insolvency and the legal issues affecting cross-border debt restructurings.

General course Description:

This course is a simulation with role-play and extensive class interaction: students are members of the restructuring and insolvency practice of an international law firm. Our client is a multilateral organization with a troubled loan to a private sector company in developing country "X". Our job is to provide legal advice and services to our client throughout the restructuring of its loan to the troubled company - this includes conducting legal due diligence, recommending a legal strategy and establishing negotiation strategies (and leverage) for our client, structuring the transaction documents, and closing the deal. The objectives of this simulation are, primarily, to familiarize students with the basic legal framework on cross-border insolvency, debate several legal issues affecting cross-border debt restructurings, understand and learn the principles and best practices of international debt restructurings and insolvency from a practical perspective, understand and develop legal risk analysis and problem-solving skills in the context of an international business transaction in distress and, secondarily, to practice contract structuring and client communication, practice re-structuring a secured debt instrument, and learn elements of cross-border negotiation strategies and techniques. Issues to be discussed in the course include: choice of law and jurisdiction, enforcement of creditors' rights in foreign courts, corporate governance, holdout creditors, moral hazard, signs of distress in a company, cultural sensitivities, and cross-border negotiations.

Course Style: An Experiential course is one in which students undertake tasks derived from or akin to those done by practicing lawyers.

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