Propel your Bankruptcy e-Learning

This session will cover adequate protection, non-pro rata roll-ups, equitizing DIPs and more. The panelists will discuss the latest and most crucial DIP-financing issues, the matters most frequently litigated, and their effects on mega-chapter 11 bankruptcy cases.Learning ObjectivesAttendees will understand recent developments in DIP financing, including adequate protection, non-pro rata roll-ups, and equitizing DIP structures.Attendees will examine key issues most frequently litigated in large Chapter 11 cases, including contested DIP terms and structuring disputes.Attendees will analyze emerging trends in DIP financing and their impact on case strategy in mega Chapter 11 proceedings.

This panel will explore recent developments affecting chapter 11 plan confirmation issues, including the evolving standards for consensual releases, gatekeeper provisions, and insights from the ConvergeOne decision. The panelists will also examine the impact of market uncertainty on business projections and analyze chapter 11 plan implications arising from pre-petition liability-management exercises (LMEs).Learning ObjectivesAttendees will understand recent developments in Chapter 11 plan confirmation, including evolving standards for consensual releases, gatekeeper provisions, and key rulings such as ConvergeOne.Attendees will examine the impact of prepetition liability management exercises (LMEs) and market uncertainty on plan structure and business projections.Attendees will analyze practical implications of confirmation-related issues for structuring and negotiating Chapter 11 plans.

This panel will discuss recent trends and issues in cross-border cases, including the impact of the Supreme Court’s ruling in Purdue Pharma, the continuing trend of foreign airlines reorganizing in the U.S., how updates to foreign insolvency systems have made restructuring outside the U.S. a more regular occurrence for multinational companies, and creative uses for chapter 15 when a plenary chapter 11 proceeding is not available or advisable.Learning ObjectivesAttendees will understand current developments in cross-border restructuring, including Chapter 11 and Chapter 15 filings involving foreign entities and U.S. companies restructuring abroad.Attendees will examine emerging and novel uses of Chapter 15, including strategies addressing third-party releases, cannabis-related restructurings, and involuntary proceedings against foreign debtors.Attendees will analyze practical and strategic issues in international insolvency proceedings, including jurisdictional challenges and coordination across legal systems.

This session will address common factors that can lead to testimony from damages and valuation experts being excluded, along with recent trends and notable court opinions. The panelists will start by covering the legal standards for the admission of expert testimony, including substantive expertise, relevance, reliability and adequate foundation. Next, we will describe common technical mistakes that have led to exclusion or other problems, such as applying a premise or standard of value not appropriate to the situation at hand (e.g., liquidation value when going-concern value is more appropriate, synergistic value when fair value is the legally required standard, current value when solvency must be evaluated as of a specific prior date), double-counting damages for lost profits and lost business value over the same period of time, offering a valuation based on information that would not have been known or knowable as of the effective date of the valuation, failing to track documents reviewed in accordance with applicable rules, and reliance on privileged materials not available to the opposing party. After covering legal and technical issues, the panelists will use case studies and panel discussion to summarize current trends in the admission or exclusion of expert testimony, including recent opinions in which a federal or state court excluded a financial expert or limited the scope of his or her testimony. Finally, alternative approaches will be presented that might have allowed the experts from our case studies to have offered testimony similar to what was excluded.Learning Objectives:Attendees will analyze the legal standards governing the admissibility of valuation and damages expert testimony, including relevance, reliability, and methodological rigor.Attendees will evaluate common pitfalls that lead to exclusion of expert testimony, including improper assumptions, double-counting of damages, reliance on hindsight, and use of privileged or inadmissible information.Attendees will assess best practices for strengthening expert valuation reports, including documentation, support for assumptions, and alignment with accepted valuation methodologies.