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A Deep Dive into Cross-Border Real Estate Insolvencies: Evergrande and Beyond
This panel provides an overview of some key issues, sectors and trends in real estate from a global and cross-border perspective by examining the status of asset class and related global/regional market conditions, issues confronting stakeholders and the legal tools they are using to manage and reposition assets, and predictions for the balance of 2025. Considerations for U.S. investors in non-U.S.-based real estate projects, as well as the perspectives of certain foreign investors or lenders to U.S. real estate-based projects, also is discussed.
The Importance of Direct vs. Derivative Claims in Bankruptcy
This panel explores ways in which practitioners are avoiding the direct impact of Purdue by seeking to release only derivative claims. The panelists analyze the direct/derivative distinction more broadly by discussing its impact on what constitutes property of the estate, whether pursuit of a derivative claim violates the stay, and what claims an estate fiduciary has the power to bring under § 544, and discusses the Whittaker, Clark & Daniels decision.
AI and Bankruptcy: Navigating the Unknown
This panel covers the intersection of artificial intelligence (AI) with bankruptcy, intellectual property law and secured transactions law. The panelists explore several questions that current law does not address or insufficiently addresses, such as: Who owns inventions created by AI? Do inventions created by the AI owned by a debtor company become property of a debtor company’s bankruptcy estate? Can a creditor obtain a security interest and perfect a security interest in the things AI creates? Should the UCC, intellectual property law and bankruptcy law be amended to address the new world of AI? How are the new White House administration and Congress addressing these issues?
Mediation in Subchapter V Cases
This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."
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