Doing Business in Canada

 General Information

Cost: Members: $95
Non-Members: $195

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Time

US: 10:00am ET

About the Webinar

In this webinar, attorney Rafael X. Zahralddin-Aravena will discuss:

• The academic theory that has influenced and developed the different types of insolvency legal regimes.
• The law of receiverships and reorganizations with a focus on the influence of the U.S. Chapter 11 on other jurisdictions, including Canada.
• The practical differences between receiverships and reorganization.
• Canada’s legal system including the different Canadian insolvency statutes under both provincial and federal law, such as the Bankruptcy and Insolvency Act (the "BIA"), Companies' Creditors Arrangement Act (the "CCAA"), various provincial property and civil rights.
• The academic and legal theory behind the approach to cross border bankruptcies, including territoriality and universalism.
• Cross border cases, including the importance of the recognition of a case as the main proceeding; the role of the foreign representative, stay relief, notice and preferences; and what happens if there is no formal recognition or enabling statute to facilitate a cross border bankruptcy where assets are in multiple jurisdictions.

About the Speakers

Rafael X. Zahralddin-Aravena
Director, Shareholder, Chair of the National Commercial Bankruptcy and Restructuring Practice

Rafael X. Zahralddin-Aravena is a business lawyer with 25-plus years of experience advising businesses in corporate and commercial litigation, insolvency, distressed mergers and acquisitions, compliance, corporate formation, corporate governance, commercial transactions, cyber law, regulatory actions, and cross-border issues. In 2007, he founded Elliott Greenleaf, P.C.’s Wilmington, Delaware office, which specializes in business law and litigation in all federal and state courts, as its first managing shareholder. 

He is an extensive writer and lecturer. He co-edited the American Bar Association’s Reorganizing Failing Businesses (third edition, August 2017) and co-authored the chapters on “Creditor and Equity Committees,” “Prepackaged Chapter 11 Case Considerations and Techniques,” “Fiduciary Duties of Directors of Financially Troubled Corporations,” and “Collective Bargaining Agreements, Employee Benefits, and Executive Compensation.”

Rafael represents clients in all aspects of bankruptcy and restructuring and has deep experience in international commercial law issues, including cross-border insolvency.  He has represented dozens of creditors committees and individual creditors, particularly trade creditors, in some of the largest bankruptcies filed in the United States, including key jurisdictions such as the Southern District of New York and the District of Delaware. 

He has also worked for two decades with early stage companies and venture capitalists and private venture funds as both a transactional lawyer and a corporate litigator.  He is also a business lawyer that works with companies on all aspects of commercial transactions and on compliance.  He is a Six Sigma Greenbelt and has lectured and trained in-house and outside law firms in legal project management, lean practices, and Six Sigma application to value-added provision of legal services.

Rafael holds an LL.M. in international and comparative law from the Georgetown University law center.  He was a founding faculty member and associate professor for five years at Chapman University School of Law in Orange, California, where he taught international commercial and trade law.  Prior to becoming a tenure track professor, Rafael was a senior writing fellow at Georgetown University Law Center.  He clerked for the Hon. Samuel L. Bufford of the U.S. Bankruptcy Court for the Central District of California.

He has been recognized as a Top 50 Latino Lawyer by Latino Leaders Magazine, in December 2016, 2017, 2018; by Martindale-Hubbel as an AV Preeminent lawyer (the highest ethical and legal rating); as a fellow of the American Bar Foundation (limited to one percent of lawyers licensed to practice in each jurisdiction—Delaware); and as a Super Lawyer® for Pennsylvania for debtor and creditor rights (business) (only 5% of the lawyers in each state receive this distinction)

Webinar Access

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