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Approaches to Financial Distress in the Agriculture Sector
Agricultural businesses face unique challenges in today’s evolving economic and legal landscape. This panel will explore the key issues shaping agricultural bankruptcies, including the root causes of financial distress for farmers and agricultural enterprises, the role of chapter 12 as a vital restructuring tool, and the range of out-of-court alternatives available to distressed debtors. The panelists also will discuss emerging case law, legislative developments and practical strategies that influence the outcomes of agricultural bankruptcy proceedings, and will provide a comparative analysis of chapter 12, chapter 11 and subchapter V by examining their respective benefits, limitations and procedural considerations for agricultural cases.
The Art of Fraud Litigation: Navigating the Path from Discovery to the Courtroom
Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This interactive session will take a practical approach to exploring best practices in bankruptcy litigation, with a particular emphasis on fraud-related claims. Using hypothetical fact patterns, the panelists will guide attendees through key phases of contested litigation — from the initial investigation and assessment of potential claims to courtroom strategy and trial execution. Topics will include evaluating causes of action and defenses, drafting effective complaints, managing motion practice and employing persuasive techniques in the courtroom, including opening statements, witness examinations and evidence presentation. Whether dealing with traditional bankruptcy disputes or complex fraud allegations, attendees will gain valuable insights into prosecuting and defending litigation in the bankruptcy context.
Using LMEs in Asset Sales
Hosted by the Business Reorganization and Asset Sales Committees. This panel will examine the strategic use of LMEs in the context of asset sales within restructuring frameworks, such as the role of LMEs in facilitating sales, structuring them as conditions to closing, funding LMEs through sale proceeds, or utilizing asset sales as an exit strategy from LMEs or restructuring plans. The panelists will share their insights on the current trends and practical considerations that are shaping these increasingly sophisticated transactions.
Navigating Ethical Crossroads: Responsibility in Mediation and Negotiation
Hosted by the Mediation and Ethics & Professional Compensation Committees.This session will examine the complex ethical challenges that arise when mediation and negotiation processes intersect with distressed scenarios, including conflicts between confidentiality requirements and disclosure obligations, navigating fiduciary duties in collaborative settlement discussions (particularly out-of-court RSAs), and managing professional responsibility issues in multi-party bankruptcy mediations. The panelists will provide practical guidance for attorneys, trustees, advisors and mediators on how to balance the informal and confidential nature of mediation with the heightened ethical and fiduciary standards required in insolvency contexts. Attendees will gain valuable insights into best practices for maintaining ethical compliance while effectively utilizing mediation/negotiation as a tool for resolving disputes and facilitating insolvency issues.
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