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Private Equity in Healthcare: How Sick Is the Patient?
Over the last few years, private equity has made substantial investments in the healthcare industry, and many of those investments have experienced liquidity and operational challenges — with resulting restructuring and bankruptcy activity. This panel considers how the structure, timeline and credit arrangements accompanying private-equity investment in this sector have affected the initiation and resolution of these restructurings and bankruptcies.Learning Objectives:Attendees will identify how private equity investment structures, timelines, and credit arrangements have contributed to liquidity and operational challenges in the healthcare sector.Attendees will analyze how these private equity-driven structures have influenced the initiation and trajectory of restructurings and bankruptcies in healthcare.Attendees will evaluate strategies for addressing the unique challenges of restructuring or resolving distressed, PE-backed healthcare investments.
The Unsupreme: Cases Denied Cert
Each year, the U.S. Supreme Court declines to hear dozens of bankruptcy cases, leaving important legal questions unanswered and lower court rulings in place. This panel examines significant bankruptcy decisions for which certiorari was denied, exploring the unresolved issues they leave behind and the practical impact on bankruptcy practitioners and stakeholders. The panelists discuss how the Supreme Court evaluates petitions for certiorari, the factors that influence whether review is granted, and emerging bankruptcy issues that may be poised for future Supreme Court consideration. Attendees gain insight into developing areas of bankruptcy law and the implications of a Court that often chooses not to weigh in.Learning Objectives:Attendees will understand the criteria and considerations the U.S. Supreme Court uses when deciding whether to grant or deny certiorari in bankruptcy cases.Attendees will examine significant bankruptcy cases in which certiorari was denied and assess the practical implications of those decisions on bankruptcy law and practice.Attendees will identify unresolved bankruptcy law issues and emerging legal questions that may be candidates for future Supreme Court review.
Distress in Higher Education
Higher education institutions face distinct challenges when financial trouble hits — from governance structures to accreditation concerns to the impact on students and faculty. This panel covers the early warning signs of distress, key restructuring alternatives, and the fiduciary duties a governing body faces once an institution is in trouble.Learning Objectives:Attendees will identify the unique legal, regulatory, and accreditation-related challenges facing distressed higher education institutions.Attendees will evaluate restructuring and wind-down strategies tailored to colleges and universities, including considerations specific to students, faculty, and other stakeholders.Attendees will recognize recent trends and case studies shaping the treatment of distress in the higher education sector.
Chapter 15: What's Happening with COMI
As cross-border restructurings continue to grow in complexity, courts are increasingly confronted with questions surrounding a debtor’s center of main interests (COMI) and the appropriate jurisdiction for insolvency proceedings. This panel explores recent chapter 15 decisions and trends affecting COMI determinations, the limits of international forum-shopping, and the practical implications for debtors, creditors and other stakeholders. The panelists also discuss emerging issues and developing case law shaping the future of cross-border insolvency practice.Learning Objectives:Attendees will identify recent Chapter 15 decisions and trends affecting the determination of a debtor's center of main interests (COMI).Attendees will analyze the limits of international forum shopping and their practical implications for debtors, creditors, and other stakeholders in cross-border insolvency proceedings.Attendees will recognize emerging issues and developing case law shaping the future of cross-border insolvency practice.
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