Fenwick: Operating & Financing in a Down Market

Operating and Financing a Venture-Backed Company in a Down Market

Hosted by Fenwick & West

Today's current market conditions present a host of added challenges for many businesses. Businesses that are nimble and respond strategically to the realities of a down market will be best positioned to take advantage of opportunities in the current environment and when economic conditions improve. To learn more about many of the business and legal issues facing private companies in a down market, please join Fenwick & West for a panel discussion on:

"Cash is King" – Management of Corporate Cash Flow

• Analysis of corporate opportunities and access to capital
• Determining correct spending levels
• Restructuring debt
• Employment issue
• Reductions in force (RIFs)
• RIF alternatives: salary and schedule cuts; temporary shutdowns
• Down-round/Inside-led Financings

Managing the disparate interests of your investors

• Fiduciary duties and proper process
• Alternative structures
• Rights offerings
• Pay to play provisions
• Contingency Planning
• The so-called "zone of insolvency"
• What fiduciary duties, if any, are owed to creditors? Categories of personal liability for Ds and Os
• Value of insurance policies in shut-down scenarios; wind-down insurance
• Foreclosures and asset transfers

Program Faculty:
Fenwick Silicon Valley Center on March 10, 2009:
Richard Dickson, Cindy Hess, Dan McCoy and Jay Pomerantz
Fenwick Seattle Office on March 12, 2009:
William Bromfield, Dan McCoy, Michael Piraino and
Jay Pomerantz
Registration/Breakfast:

Dates/Location:

Fenwick & West LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Phone: 650.988.8500
Thursday, March 26, 2009

Fenwick & West LLP
Seattle Office
1191 Second Avenue 10th Floor
Seattle, WA 98101
Phone: 206.389.4510
MCLE Credit: 1.5 hours
Registration: To register for this event, please go to Registration

For additional program details, please contact Randall Johnson at rjohnson@fenwick.com. Substantive questions regarding this program may be directed to the program chair, Jay Pomerantz at jpomerantz@fenwick.com

Location

Fenwick and West LLP | Silicon Valley Center | 801 California Street | Mountain View, CA 9404

Contact Information

Phone: 650.988.8500

More Information

Please contact Randall Johnson at rjohnson@fenwick.com. Substantive questions regarding this program may be directed to the program chair, Jay Pomerantz at jpomerantz@fenwick.com