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Saving Equity: Using Non-U.S. Regimes and Chapter 15 to Restructure
In this panel you will explore how companies can leverage cross-border insolvency frameworks and Chapter 15 recognition to preserve equity value and achieve successful restructurings.Learning ObjectivesIdentify the key non-U.S. insolvency and restructuring regimes commonly used alongside Chapter 15, and analyze how they can be structured to preserve equity value for stakeholders.Analyze the requirements and strategic considerations for recognition of foreign proceedings under Chapter 15, including how cross-border coordination affects the treatment of equity and control.Evaluate practical approaches to structuring cross-border restructurings that maximize the likelihood of preserving equity, while managing the risks and limitations inherent in ancillary Chapter 15 proceedings.
ABI-Live: Let’s Settle This: Settlement Strategies in Bankruptcy Litigation
Most bankruptcy litigation ends at the negotiating table, not in the courtroom. This panel will explore the strategies and practical considerations that drive successful settlements in bankruptcy disputes. Experienced bankruptcy litigators will discuss how to evaluate litigation risk, determine when and how to initiate settlement discussions, and explore how to use mediation effectively and navigate difficult negotiations. The panelists also will address Rule 408 considerations, documenting settlements, obtaining necessary bankruptcy court approval, and avoiding common pitfalls that can derail a deal. Attendees will leave with practical strategies for resolving bankruptcy disputes efficiently while protecting their clients’ interests.
Ethics: The Many Faces of Inadvertent Disclosure
This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.Learning Objectives:Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.
Fraud and Bankruptcy Cases
This panel explores recent trends in high profile fraud-driven bankruptcies and the impact on the various constituencies involved; provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context, including the types of claims and potential defenses commonly at issue in fraud cases; and provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.Learning Objectives:Attendees will identify recent trends in high-profile fraud-driven bankruptcies and their impact on various constituencies involved in the case.Attendees will recognize common types of fraud claims and potential defenses that arise in the bankruptcy context.Attendees will apply practical strategies for identifying, addressing, and litigating fraud-related issues in bankruptcy proceedings.
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