Lawrence A. Hamermesh is Executive Director of the Institute for Law and Economics at the University of Pennsylvania Law School; Theodore N. Mirvis is partner at Wachtell, Lipton, Rosen & Katz; Leo E. Strine, Jr., the former Chief Justice of the Delaware Supreme Court, is Of Counsel at Wachtell, Lipton, Rosen & Katz; a Senior Fellow at the Harvard Law School Program on Corporate Governance; Ira M. Millstein Distinguished Senior Fellow at the Ira M. Millstein Center for Global Markets and Corporate Governance at Columbia Law School; and Michael L. Wachter Distinguished Fellow in Law and Policy at the University of Pennsylvania Carey Law School. And from his constant warmth and sense of humor at every turn. Their website also boasts that they have a low associate-to-partner ratio. A productive scholar, Wachter edited a number of books and authored and co-authored well over 100 papers, earning multiple citations on best-of-the-year lists. We will then allow you to unmute yourself to ask the question. Wachter taught Corporate Law and Corporate Finance at the Law School. Wachtell Lipton is dedicated to providing advice and expertise at the highest levels and achieving extraordinary results for our clients. Wilmington, DE, Executive Partner Skadden, Arps, Slate, Meagher & Flom LLP New York, NY, Chair, 2001-2007Senior Advisor The Blackstone Group L.P. New York, NY, Co-Chair, 2008- Sullivan & Cromwell LLP New York, NY. We are using cookies to give you the best experience on our website. In order to receive the appropriate amount of credit, passcodes provided throughout the program must be noted in your evaluation form. By ALM Staff | April 26, 2022 at 10:03 AM. Ill remember him forever. 79 (2018). Whole Foods Market in responding to shareholder activism and its $14 billion merger with Amazon.com, Inc. Sears Holdings in the separation of its real estate assets into Seritage Growth Properties, a real estate investment trust, Kellogg Company in its $4.6 billion acquisition of Keebler Foods Company and its $2.7 billion acquisition of Procter & Gambles Pringles business, Penn National Gaming in the separation of its real estate assets into Gaming and Leisure Properties, a REIT, and its $2.8 billion acquisition of Pinnacle Entertainment, Gaming and Leisure Properties in its $5.1 billion acquisition of Pinnacle Entertainments real estate assets, Mirage Resorts Incorporated in its merger with MGM Grand Inc, Wynn Resorts Limited in successful proxy contests with former directors of the company, Marsh & McLennan Companies in its $6.4 billion acquisition of Jardine Lloyd Thompson Group, Newmont Mining Corporation in its acquisitions of Franco-Nevada Mining Corporation Limited, Normandy Mining Limited and Santa Fe Pacific Gold Corporation, Knight-Ridder, Inc in its merger with The McClatchy Company. Wachtell is notoriously private and tight-lipped about the stuff usually found in Chambers Associatetalking about hours and culture is gauche. 215.898.7483, Copyright 2023 University of Pennsylvania Carey Law School. They also raise the broad question about the gradual shift from bonds to loans in riskier debt markets. His parents were the children of Jewish immigrants from present-day Poland and Hungary . Susan and Jessica are tenured members of the Wharton School faculty. Please register for a virtual ticket on EventBrite and we will send you a link to the livestream. We are using cookies to give you the best experience on our website. Wachter was a prodigious, award-winning scholar, an influential teacher who nurtured numerous high-profile careers, and a visionary builder of the University of Pennsylvania Carey Law Schools renowned Institute for Law & Economics (ILE). While it's questionable whether taking such a risk was necessary or if the opinions Penn hears in the trenches differ significantly from those he would have heard from Ukrainian troops elsewhere, the scene is undoubtedly an impressive one. 51 West 52nd Street, New York, NY 10019 Professor of Law; Co-Director, Institute for Law and Economics Executive Director Lawrence Hamermesh Executive Director, Institute for Law & Economics; Professor Emeritus, Widener University Delaware Law School Board of Advisors Richard B. Aldridge Morgan, Lewis & Bockius LLP Philadelphia, PA William D. Anderson, Jr. Senior Managing Director We seek individuals who are talented, motivated and committed in order to maintain our record of excellence. Ukraine has united the world," Zelensky said. He instinctively knew the power of bringing different perspectives together in understanding and solving problems. Wachter was a prodigious, award-winning scholar, an influential teacher who nurtured numerous high-profile careers, and a visionary builder of the University of Pennsylvania Carey Law School's renowned Institute for Law & Economics (ILE). Control rights vary across loan types. Morgan, Lewis & Bockius LLP Philadelphia, PA, Senior Managing Director Evercore New York, NY, Chairman & CEO MacKenzie Partners, Inc. New York, NY, Co-Chair, 2008-2019Former Partner Simpson Thacher & Bartlett LLP New York, NY, Founding Member, Blue Raven LLP New York, NY, Richards, Layton & Finger, P.A. From his foundational role shaping the nationally influential Institute for Law & Economics, to his incredible management advice to Penn presidents and deans, to his innovative and thought-provoking scholarship, Michael was a role model for us all. 877 (2016). Mr. Neff lectures frequently on topics relating to his professional interests, was featured in American Lawyers Dealmaker of the Year article in 2001, 2012 and 2015 and is listed in Chambers Global Guide, Chambers USA Guide, The Best Lawyers in America and Lawdragons 500 Leading Lawyers of America. Professor Wachters passing is quite a loss for the Penn community in addition to, of course, his family and friends. He has represented companies in divestitures, cross-border transactions and proxy contests, and has counseled managements and boards of directors concerning acquisition matters, responses to shareholder activism,conflict transactions, corporate governance and other significant issues. Wilmington, DE, Morris Nichols Arsht & Tunnell LLP Wilmington, DE, Senior Managing Director and Chief Legal Officer The Blackstone Group L.P. New York, NY, Friedlander & Gorris, P.A. Shifts in creditor and lender composition have exacerbated the complexity and opacity of the leveraged loan and distressed debt markets rendering these markets more susceptible to downturns and amplifying contagion risks for global economies. For the Am Law 100 as a whole, average PEP . Still, every now and again, Penn manages to get it just right. In honor of Wachters surpassing achievements, the Law School established the Michael L. Wachter Distinguished Fellowship in Law and Policy in July 2020, naming the Honorable Leo E. Strine, Jr. L88 to the position. 335 (2015). [19], Along with Skadden, Arps, it was also cited in Malcolm Gladwell's Outliers. B.A., Oxford University. Prior to attending law school, Jill was an analyst at Goldman Sachs. And without his support, I would not have been awarded the John M. Olin Prize in Law and Economics. The visit to frontline positions in Kharkiv marked Zelensky's first trip outside the capital. In the legal profession, information is the key to success. Years ago, Professor Wachter was able to envision how vigorous discussion could spark lively debate and lead to reconsideration of law and policy, said Larry Hamermesh, ILE Executive Director. Professor Emeritus Michael WachterMichael L. Wachter, William B. and Mary Barb Johnson Professor of Law and Economics, Emeritus, passed away on September 3. During his remarkable 50-year career at Penn, Wachter taught at the Law School, the School of Arts and Sciences (Professor of Economics), and the Wharton School (Professor of Management) and served as the Universitys Deputy Provost. 215.898.7483, Copyright 2023 University of Pennsylvania Carey Law School. In the 2022 Global 200 survey, Wachtell Lipton Rosen Katz was ranked as the 55th highest-grossing law firm in the world. He was very practical and thoughtful in his approach to teaching and I felt that he sincerely cared about the learning aspect of each students education and preparing us to be successful lawyers. PENN was advised by a Wachtell, Lipton, Rosen & Katz team including. Wachtell's practice and case studies. Derailed by Ukraine suddenly being at war, Superpower is forced to become a very different film, and while it boasts some extraordinary footage of Kyiv in the first days of the invasion and several compelling one-on-one conversations with Zelensky, what follows is a jumbled sequence of events with a confusing timeline that lacks focus or direction. He was simply a fantastic teacher and person who will be missed. This panel will address these questions while laying the empirical groundwork for distressed debt markets that will inform the panels that follow. These market features raise questions about whether leveraged loans are more susceptible to fire sales and potentially lead to differences in the bargaining process during distressed work-outs and restructurings. Agilent Technologies in its spinoff of Keysight Technologies, its electronic measurement business, FMC in its simultaneous acquisition of portions of DuPonts agricultural chemical business and sale to DuPont of its health and nutrition segment. Jill received her J.D., magna cum laude, from the University of Pennsylvania Law School, where she was elected to the Order of the Coif and served as a Senior Editor for the University of Pennsylvania Law Review. This program has been approved for 8.5 total CLE credits (7.0 substantive credit and 1.5 ethics credit) for Pennsylvania lawyers. Founder and Managing Partner Orient PointPartners New York, NY, Chief Executive Officer PPC Enterprises LLC New York, NY, Cravath, Swaine & Moore LLP New York, NY, Co-Founder and President Ashe Capital Management, LP Old Tappan, NJ, Senior Vice President and General Counsel DuPont Wilmington, DE, Managing Principal Analysis Group New York, NY, Special Assistant to theSecretary of State Delaware Department of State Wilmington, DE, Chairman Saddle Point Group, LLC New York, NY, Freshfields Bruckhaus Deringer US LLP New York, NY, Bernstein Litowitz Berger & Grossmann LLP New York, NY, Managing DirectorMoelis & Company Los Angeles, CA, Young Conaway Stargatt & Taylor, LLP Wilmington, DE, Partner Global Head Restructurings and Turnarounds GoldenTree Asset Management, LP New York, NY, Fried, Frank, Harris, Shriver and Jacobson, LLP New York, NY. But sponsors have successfully negotiated for loose debt contracts that preserve the optionality that is often necessary in the precarious post-LBO world. We have a few channels by which to ask questions. And who can blame him? But, of course, Professor Burbank went on to become one of the most prolific legal scholars of the late twentieth and early twenty-first centuries. Plus, they probably can't find enough associates in the small class to get to their minimum sample size. Familiar judicial norms and practices calibrated to an environment with influential senior lenders may not be optimal for an environment in which sponsors set the agenda. Arguably too smitten with Zelensky the myth to attempt painting an objective portrait of Zelensky the man, Penn overlooks the actual superpower the actor-turned-politician has his genius for media relations. Dorothy E. Roberts Public Interest Essay Competition, https://www.eventbrite.com/e/debt-market-complexity-shadowed-practices-and-financial-injustice-tickets-414384183247, https://pennlaw.zoom.us/webinar/register/WN_t-N7uC-BShm1oufopSg1rw, https://pennlaw.zoom.us/webinar/register/WN_f6AAaLSrRnaAmWbFONw9iw, Professor Tobias Wolff, University of Pennsylvania Carey Law School, Professor Andrew Bradt, University of California, Berkeley School of Law, Moderator: Edward Cooper, University of Michigan Law School, Andrew Bradt, University of California, Berkeley School of Law, Richard Marcus, UC Hastings College of the Law, Catherine Struve, University of Pennsylvania Carey Law School, Tobias Barrington Wolff, University of Pennsylvania Carey Law School, Charles Gardner Geyh, Indiana University Maurer School of Law, Judge William Fletcher, U.S. Court of Appeals for the Ninth Circuit, Judge Robert Katzmann, U.S. Court of Appeals for the Second Circuit, Judge Lee Hyman Rosenthal, U.S. District Court for the Southern District of Texas, Judge Anthony Scirica, U.S. Court of Appeals for the Third Circuit, Judge Diane Wood, U.S. Court of Appeals for the Seventh Circuit, Moderator: Robert Bone, University of Texas at Austin School of Law, Sean Farhang, University of California, Berkeley School of Law, Jonah Gelbach, University of California, Berkeley School of Law, Moderator: James Pfander, Northwestern Pritzker School of Law, Zachary Clopton, Northwestern Pritzker School of Law, David Freeman Engstrom, Stanford Law School, Yanbai Andrea Wang, University of Pennsylvania Carey Law School, Tobias Wolff, University of Pennsylvania Carey Law School. He initiated me into the then still somewhat novel subject of law and economics when I was a Penn Law student and took his classes in that area. Chief Legal OfficerRobinhood Washington, D.C. Academics. This website uses cookies so that we can provide you with the best user experience possible. The Utility of Rational Basis Review, in 63 Vill. This unique leadership of ILE fostered incredible insights into the inner workings of corporate law, solidifying its status as the preeminent corporate law center in the United States.. Fox Distinguished Professor of Business Law; Co-Director, Institute for Law and Economics, Professor of Law; Co-Director, Institute for Law and Economics, Executive Director, Institute for Law & Economics; Professor Emeritus, Widener University Delaware Law School, Professor of Law, Business Economics, and Public Policy, Edward B. Shils Professor of Law and Professor of Political Science; Director, Penn Program on Regulation, Associate Professor of Finance, The Wharton School, Jacob Safra Professor of International Banking, Professor of Finance, The Wharton School; Co-Director, Wharton Financial Institutions Center, William A. Schnader Professor of Law; Deputy Dean, The Nomura Securities Company Professor and Ernst and Young Professor, Professor of Accounting and Finance, and Chairman, Accounting Department, The Wharton School, Charles A. Heimbold, Jr. Contracting Complexity and the Rise of Shadowed Practices: How Private Equity Dictates Outcomes. Attendees seeking CLE credit must register for CLE credit and make a payment via theonline CLE registration linkin the amount of $340.00 ($170.00 public interest/non-profit attorneys). All Rights Reserved. I became his fan immediately after the first class, and his articles continuously inspired me to study and learn more in this field of learning. Control rights vary across loan types. This interdisciplinary symposium seeks to bring together diverse scholars to address the new dynamics that are reshaping the field. He was always about making Penn a better place. "Ukraine has inspired the world. t. 212.403.1000 or 800.848.0301 / Attorney Advertising and Other Notices. Alex Lebow Co-Founder & CEO, Say Technologies C11 L14, Professor Wachter was a friend and mentor while I was at Penn Law and one of my favorite professors. Try our Advanced Search for more refined results. Bondholders could demand the inclusion of provisions to better protect their positions and reduce the risk of equity sponsor gamesmanship. The resolution void has emboldened equity sponsors to exploit their considerable relationship and financial leverage, pursuing unprecedented hostile acts against creditors to preserve equity stakes. It's a journalistic coup that even Penn's breathy remarks about how inspired he is by Zelensky's leadership can't totally undermine. He is the author or co-author of four books and over one hundred law review articles and book chapters that span a remarkable breadth of study and methodology. Concluding Remarks, The University of Pennsylvania Law Review is partnering with Professor Jasmine Harris and Professor Karen Tani to present a symposium entitled The Disability Frame: Opportunities, Costs, and Constraints in the Broad Struggle for Inclusion.. Our deep experience means we regularly handle many of the largest, most complex and demanding transactions in the United States and around the world. Sean Penns Zelensky Doc Substitutes Bromance for Storytelling. Although banks still hold a majority of leveraged loans, NBFIs are significant market participants, particularly in the non-investment grade loan sector. The Festschrift is an honored tradition in American academic life. Twitter J.D., Yale Law School We are using cookies to give you the best experience on our website. Invariably, he brought to bear his intellectual curiosity. In order to receive the appropriate amount of credit, passcodes provided throughout the program must be noted in your evaluation form. Last week, the University of Pennsylvania Carey Law School, and its Institute for Law and Economics, unveiled a new affiliated website, The Lipton Archive. The Lipton Archive is a living corporate law and governance history site focusing on the thought leadership of Martin Lipton of Wachtell, Lipton, Rosen & Katz. Please see our Privacy Policy. He was certainly one of the most influential professors I had and I always looked up to him. This post is based on their Wachtell memorandum. Wachter elevated the ILE from the moment he took over in 1984, turning it into a preeminent center for the advancement of cross-disciplinary research employing the collective wisdom of academics, lawyers, business leaders, judges, policymakers, and regulators during roundtables and conferences. (2008), University of Pennsylvania Carey Law School 3501 Sansom Street Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). That number is (215) 898-7060. Ex ante measures to avoid collateral skirmishes have proven elusive. At the heart of this symposium is the legal concept of disability. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Brief Description:Equity sponsors have adopted unprecedented levels of aggression towards creditors, exploiting debt contracts to transfer value from creditors to equity holders. Peter N. Flocos (Penn affiliations: BA (College), BS (Wharton), JD (Law School); Adjunct Professor, Law School; Lecturer, Wharton), It was a privilege to have gotten to know and work with Professor Wachter as his student and then teaching assistant in fall 2013. He had the youngest mind of anybody I knew because he wasnt stuck about thinking of things one way.. Likewise, the site links to the rich materials on Penn Laws Delaware Corporate Law Resource Center, https://www.law.upenn.edu/delawarecorporatehistory/, so that scholars, teachers, students, and practitioners may use them to conduct research, design interesting classroom and executive and legal education sessions, and deepen their understanding of the history and traditions of corporate governance. The effect of this credit-on-creditor violence is difficult to assess because the facets are not fully understood. This panel will unpack all of the traditional and evolutionary tactics creditors are employing to protect their positions. [1], Wachtell, Lipton, Rosen & Katz is considered to be the top firm in the United States for major mergers and acquisitions, antitrust and shareholder litigation and corporate restructurings. Brief Description: The U.S. leveraged loan market, which stood at just over $100 billion two decades ago, caught up to the size of the U.S. high-yield bond market roughly $1.6 trillion in amounts outstanding in 2021. Wachtell Lipton enjoys a global reputation as one of the world's leading business law firms. ILE drew faculty from across the university to engage with prominent practitioners from the bar and judiciary. Law360 provides the intelligence you need to remain an expert and beat the competition. He is the co-founder of the law firm Wachtell, Lipton, Rosen & Katz . He is a corporate and securities lawyer, and has focused on mergers and acquisitions and advice to boards of directors and board committees. We encourage participants to use plain language whenever possible and define (or avoid) acronyms. Carey Foundations generous commitment to Lifelong Learning. Nicholas Walter is an associate in the Litigation Department of Wachtell, Lipton, Rosen & Katz. LEARN MORE Recent Matters - Selected Highlights View More "[22], The firm is known for its work in mergers and acquisitions and been ranked #1 in Vault's M&A rankings for more than a decade. For more information, please reach out to Matthew Seelig at mseelig@pennlaw.upenn.edu. 8:00 to 8:30 a.m. He went above and beyond the call of duty by spending additional time further educating me as I was writing my L & E seminar paper. This website uses cookies so that we can provide you with the best user experience possible. Strine, former Delaware Supreme Court Chief Justice and Chancellor on the Delaware Court of Chancery, taught an advanced seminar on Corporate Law with Wachter for a generation and has been an active participant in the ILE as a member of the board of advisors. Above all, Superpower never quite manages to shake off the weight of having Penn at its helm, whose brooding presence dominates throughout but contributes little aside from the access to power his celebrity profile affords. We mourn his loss but celebrate a consequential life.. Attendees seeking CLE credit must register for CLE credit and make a payment via the online CLE registration link in the amount of $300.00 ($150.00 public interest/non-profit attorneys). Although banks still hold a majority of leveraged loans, NBFIs are significant market participants, particularly in the non-investment grade loan sector. Creditors are being pitted against other creditors in an ever-radicalizing model. The memos are coded by key SSRN topics, can be searched by key words, and by date. Their selectivity, compensation and impact on the mergers and acquisitions sphere are . This concept has now been enlisted to address a surprising array of problems: not only disability-based discrimination and exclusion, but also the risk of COVID-19 transmission in schools, the subordination of transgender individuals, the casualties of modern capitalism, and the remediation of poverty and environmental harms, to name just a handful of examples. Principal Cornerstone Reseach Washington, D.C. Cadwalader Wickersham & Taft LLP New York, NY, Potter Anderson & Corroon LLP Wilmington, DE, Managing DirectorHoulihan Lokey San Francisco, CA, Managing Partner The S Consulting Group Philadelphia, PA, Senior Advisor BarkerGilmore Philadelphia, PA, Retired Senior Vice President and Chief Investment Officer Allstate Insurance Company Northbrook, IL, Managing Director, General Counsel and Corporate Secretary Vanguard Wayne, PA, Founding Managing Director Innisfree M&A Incorporated New York, NY, Wachtell, Lipton, Rosen & Katz New York, NY, Wilson, Sonsini, Goodrich & Rosati Wilmington, DE, Managing Director; M&A AdvisoryGeneral Counsel Goldman, Sachs & Co. New York, NY, Former Chief Justice DelawareSupreme CourtMichael L. Wachter Distinguished Fellow in Law and Policy; University of Pennsylvania Carey Law School Wachtell, Lipton, Rosen & Katz Wilmington, DE, Chief Legal and Compliance Officer Apollo Global Management, LLC New York, NY, Simpson Thacher & Bartlett LLP New York, NY, Chief Justice, Supreme Court of Delaware, 1992-2004 Gordon, Fournaris& Mammarella, P.A. Already a subscriber? Jill Barton is an associate in Wachtell Lipton's Corporate Department. Mr. Neff has represented clients in a broad range of industries including: Mr. Neff graduated magna cum laude from Brown University and from the Columbia University School of Law, where he was notes and comments editor of the Columbia Law Review. Report Accessibility Issues and Get Help | The Fine Print, Wachter was a prodigious, award-winning scholar, an influential teacher who nurtured numerous high-profile careers, and a visionary builder of the University of Pennsylvania Carey Law Schools renowned. The Delaware Supreme Court Speaks to Market Evidence in Appraisal: DFC, in Harvard Law School Forum on Corporate Governance and Financial Regulation, August 3, 2017. Throughout his career, Mr. Neff has been extensively involved in negotiated as well as hostile acquisitions, and has represented bidders and targets, public and private companies, private equity firms, leveraged acquirers and special committees of directors. Jonathan Schulman L03, I was thinking about Professor Wachter a couple of days ago. YouTube University of Pennsylvania Carey Law School. Corporate borrowers have enjoyed unique leverage and have been able to draft debt instruments with fewer creditor safeguards and various trap doors. Wachtell, Lipton, Rosen & Katz is an American law firm in New York City. Password (at least 8 characters required). Craig Goldblatt,U.S. Bankruptcy Court, District of Delaware, Robert Rasmussen,University of Southern California, 5:15p.m.to5:30 p.m. Our distinctive structure defines our approach. In order to receive the appropriate amount of credit, passcodes provided throughout the program must be noted in your evaluation form. Frances EMEMBOLU OKOCHA, LLM17, My deep condolences and sympathies to Michaels family and loved ones. And they probably (rightly) figure that they don't need to sell themselves to anyone. These new tactics initially left creditors paralyzed, butcreditors have started fighting back. I would say that was one of the most exciting moments of my five-year study at Penn Law. There, he and his crew meet Ukrainian fighters in the trenches, with Russian forces just a couple of hundred meters away and the constant rumble of artillery in the background. [23] By the early 1990s, Wachtell was regarded as the "hardest firm in the U.S. to get a job in. He has been involved in numerous major corporate merger, acquisition and buyout transactions, strategic defense assignments, hostile bids and proxy contests. Who will be missed successfully negotiated for loose debt contracts that preserve the optionality that often! It 's a journalistic coup that even Penn 's breathy remarks about How inspired is... Mseelig @ pennlaw.upenn.edu interdisciplinary symposium seeks to bring together diverse scholars to address the dynamics! About professor wachter a couple of days ago and achieving extraordinary results our... The power of bringing different perspectives together in understanding and solving problems the capital or avoid acronyms... Amount of credit, passcodes provided throughout the program must be noted in your evaluation form panel! At Penn Law Chambers Associatetalking about hours and culture is gauche L03, was... Thinking about professor wachter a couple of days ago diverse scholars to address the new that! 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