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Business

Views from the Bench: Great Debates

Listen in on 2 Debates argued by bankruptcy judges and experts in the industry on the following topics: Debate 1: Resolved - Trustees can claw back transfers by and between foreign transferees. Debate 2: Resolved that the current Code provisions regarding Committees preclude true parties in interest and largest constituents from participating
1 hour 18 minutes 49 seconds

Views from the Bench: Mass Torts

This panel will focus on the removal and consolidation of tort claims, including those against nondebtors (e.g., Imerys); the aggressive estimation of tort claims for voting purposes (e.g., PG&E and the one-dollar estimation effort); third-party releases (e.g., the effort we are likely to see in BSA to get releases for local councils); channeling injunctions outside of the asbestos context (being used increasingly, but will the bench eventually push back?); the impact of criminal proceedings on a mass tort debtor’s ability to reorganize (e.g., PG&E and some of the pharma cases); the need for multiple committees (e.g., creditors + victims in BSA; the UCC and TCC in PG&E; and the failed effort to appoint a public entities committee in cases); notice and due process issues (e.g., notice to fire victims in PG&E); proposed trust structures; class actions in chapter 11; and Garlock.
1 hour 16 minutes 26 seconds

Views from the Bench: Sales - Chapter 11 or § 363?

Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).
1 hour 13 minutes 42 seconds

Virtually Effective: Conducting Professional and Persuasive Hearings on Remote Platforms

As Bankruptcy Courts hold hearings across a variety of remote platforms, how can attorneys and other bankruptcy professionals ensure they are most effectively representing their clients? This expert panel will discuss best practices for appearing remotely, offering tips on preparing witnesses for testimony, presenting an effective “virtual” courtroom presence, and maintaining proper courtroom etiquette in the new normal, and will also address several ethics considerations in our new "Virtual" reality. These include: Coaching the witness (or not!) Maintaining privilege/confidentiality when dealing with co-counsel and clients over a remote platform in real time

Vote Yourself a Farm: Agriculture Bankruptcy in Chapters 7, 11 and 12

Join this session for a discussion of all things agriculture, including tariffs and recent legislation changes, and a primer on how farms actually work.
1 hour 21 minutes 28 seconds

What Are the Deal-Makers Looking For?

This session will provide insight into the healthcare dealmakers’ perspective across the health services spectrum. We’ll hear from strategic buyers, private equity and institutional capital regarding current deal metrics, capitalization requirements, various industry multiples and the impact the elections may have on deal making.

Witness Preparation: A Roundtable Discussion

Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.
1 hour 13 minutes 25 seconds
NO CLE

“40 Under 40” Luncheon

Featuring Keynote by Dr. Jen Welter, the First Female NFL Coach
38 minutes 45 seconds

§ 363 Sale Issues

Dive into § 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between §§ 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.
1 hour 17 minutes 13 seconds

§ 363 Sale Issues

Dive into § 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between §§ 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.
1 hour 15 minutes 11 seconds