Ethics (2023 Views from the Bench)
This session will focus on conflict issues, getting retained and paid, and § 327/disclosure issues.
Cross-Border Practice
This panel will discuss eligibility issues and strategies related to chapters 11 and 15, filing in other jurisdictions, and cases such as Modern Land, Global Cord Blood and Comair Ltd.
Supreme Court Roundup
This panel of leading Supreme Court practitioners will discuss leading cases and different ways of viewing specific problems in bankruptcy vs. appellate courts.
Great Debates
This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11.
➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction.
➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly.
➤ Typically, it should be the role of an official committee, rather than an examiner, to investigate estate causes of action in circumstances that implicate the debtor’s insiders such that the debtor is conflicted.
Sales: § 363 Developments
This session will cover recent approaches to sales, recent trends in sale cases, the roles of the various constituents in sale cases, biopharmaceutical sales, lease issues and much more.
Getting to Confirmation: Update on Developments
This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.