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ACIC PRIVATE NOTES
Happy New Year and welcome to the first edition of the ACIC Private Notes Newsletter for 2023!
This edition brings you:
A recap of the 2022 Fall Annual Meeting and Education Conference, prepared by Andy Christianson (Reinhart Boerner Van Deuren);
An article introducing the College’s new officers and trustees, courtesy of Benjamin Cordiano (Morgan Lewis);
Recent case law summary from the Southwest, prepared by Clint Culpepper (Baker Botts);
An article addressing green and sustainability-linked private placements by European and UK issuers, authored by Amy Kennedy, Chris Lawrence, Inderveer Hothi, Maggie Parker Yavuz, Mike Gustafson, Tom O’Connor, Bruce E. Simonetti, and Michael Roebuck (all of Akin Gump); and
An in-depth article comparing the English restructuring plan regime under the Corporate Insolvency and Governance Act 2020 and Chapter 11 of the U.S. Bankruptcy Code, authored by Tom Bannister, Lauren Pflueger, Barry Russell and Emma Simmonds (all of Akin Gump).
SAVE THE DATE: ACIC Spring Investement Forum
The College will be hosting the 2023 Spring Investment Forum in Chicago on April 27 & 28, featuring timely topics and networking opportunities! Stay tuned for details regarding specific panel topics and speakers, as well as additional registration information. In the meantime, SAVE THE DATE!
Recap of the 2022 Fall Annual Meeting & Education Conference
In November 2022, the ACIC’s Fall Annual Meeting and Education Conference was held in Boston. Thanks to wicked smaht co-chairs, presenters, and ACIC staff, the ACIC’s Fall Annual Meeting and Education Conference was a resounding success. Jennifer Fitzpatrick (Pacific Life Insurance Company) and David Simonds (Hogan Lovells) co-chaired the conference, themed “Art Imitates (ACIC) Life”. Each session of the varied and informative program was tied to a movie set in or around the Boston area. Click here for an exciting recap of some highlights of the conference.
Meet the New Officers and Trustees
The ACIC is thrilled to welcome a new slate of officers and three additional trustees. Please click here to learn more about them:
Vice President 1: Luke Weedon (Baker Botts L.L.P.)
Vice President 2: Melody R. Cross (The Prudential Insurance Company of America)
Secretary: Patti Boss (Voya Investment Management LLC)
Treasurer: Bryan S. Cho (MetLife Investment Management)
Class of 2025 Trustees
Jenna Jenson (Thrivent Financial)
Kevin Knohl (ArentFox Schiff LLP)
Kate Lindsay (MetLife Investment Management)
Recent Case Law Summary from the Southwest
In U.S. Bank Nat’l Ass’n v. Lamell, 2022 U.S. App. LEXIS 15251, 2022 WL 1800860 (5th Cir. June 2, 2022) (opinion not yet released for publication), a debtor challenged a notice of intent to accelerate by asserting a statute of limitations defense. The case was determined based on the sufficiency of notice to the debtor of the intent to abandon a previous acceleration notice. Click here to find out the outcome and learn more.
Green and Sustainability-Linked Private Placements by European and UK Issuers
Two principal debt products that have developed as a result of an increasing industry focus on ESG are “green” loans and bonds and “sustainability-linked” loans and bonds. To learn more about the development, characteristics, and certain U.S. investor considerations for each, click here.
Comparison of the English Restructuring Plan Regime and Chapter 11 Bankruptcy
The Corporate Insolvency and Governance Act 2020 introduced the restructuring plan in England, prompting inevitable comparisons with plans of reorganization under chapter 11 of the U.S. Bankruptcy Code. This article provides an in-depth analysis of the similarities and differences between chapter 11 reorganizations and English restructuring plans in practice, based on a number of English plans proposed in the past two and a half years. Click here for the full article.