Advanced Issues in Private Finance (Mooney)
T 4:30PM - 6:30PM
Golkin Hall 238
Seminar: Advanced Issues in Private Financing, Corporate Reorganization, and Sovereign Debt Restructuring. Tuesdays, 4:30pm - 6:30pm.
This seminar will address topics in private financing, corporate reorganization under Chapter 11 of the Bankruptcy Code, and sovereign debt restructuring. The principal emphasis will be on student research; a written research paper (which may satisfy the senior writing requirement) will be required. Students will be required to select a paper topic and submit a brief outline before December 20, 2019.
This is a yearlong seminar. Students must enroll for both the fall 2019 and spring 2020 terms. However with permission of the instructor students may add the seminar at any time until November 1, 2019.
Other than a few organizational meetings, the Fall 2019 term will be devoted to one-on-one meetings with students to discuss selection of paper topics and to support student research. I will be available beginning in September to consult with students privately about the selection of a topic. Substantive meetings will be held most weeks in the Spring 2020 term to discuss issues relevant to the topics selected by students. The final meetings of the seminar will be devoted to student presentations of research and papers.
I am very flexible as to topic selections and my main goal is to ensure that students select research areas that they find interesting and fun to explore. Topics addressed by students in my recent seminars included (i) dividend recapitalizations in leveraged buyout transactions as fraudulent transfers, (ii) insider trading by hedge funds based on information obtained in syndicated loan transactions, (iii) E.U. regulation of bail-in for troubled financial institutions, (iv) E.U. Insolvency Regulation, (v) custody of cryptocurrencies and digital assets, (vi) intellectual property licenses under the Bankruptcy Code, (vii) pre-plan structured settlement distributions in Chapter 11 cases, (viii) restructuring of sub-national debt in Mexico, (ix) role of U.S. law and courts in cross-border insolvencies, (x) scope of Bankruptcy Code safe-harbors for financial contracts, and several other topics.
Students wishing credit for the senior writing requirement must submit an initial draft for my review and comment by the week following spring break. All final papers will be due no less than five days before grades are due in the Registrar’s office for graduating students and no later than June 1, 2020 for other students. Grades will be based primarily on the research paper. However, class participation (which includes regular attendance) also will be considered.
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.