Business

This panel will discuss what happens when an estate is administratively insolvent, when principals/owners can be liable, reclamation claims and permit-blocking issues, when you can abandon, why secured creditors won’t foreclose, nonprofits’/foundations’ role in clean-ups, and brownfield development. The panelists will then focus on the impact of the Trump administration on these issues, as well as various regulators’ roles (such as the EPA and state regulators).

Bankruptcy lawyers are often times called upon to provide third-party opinion letters in financing and real estate transactions. This session covers opinion letters that are commonly requested of bankruptcy lawyers including non-consolidation and “authority to file” opinions. This session also covers best practices and potential pitfalls and liabilities when providing such opinions.

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery? The discussion includes commonly faced issues in obtaining discovery when locating and seizing assets, how to obtain records to determine the financial condition of the parties, and how foreign law may work to limit discovery.

Technology is being used with increasing frequency to enhance the practice of law in complex chapter 11 cases. This panel discusses the use of cutting-edge technology in chapter 11 cases, including technology to collect and present data, prepare preference analyses, e-discovery, e-balloting and technology in the courtroom. The panel also discusses some of the challenges caused by technology, and how to avoid “death by data.”

The panel will discuss the fiduciary duties of officers and directors under Delaware and other applicable state law, including the duty of care and the duty of loyalty, when the business-judgment rule applies to the conduct of officers and directors, and when a higher standard (such as enhanced review or entire fairness) applies their conduct.

Hear what our seers think about the economy and specific industries. Will the economy burst? What sectors are likely to be the most challenged? Hear from the panelists on opioid issues, indenture, credit risk, the general economy and more.

Mediating disputes is not new to bankruptcy litigation, but recent years have seen a trend toward pre-plan mediation of key issues in chapter 11 cases that pave the way for asset sales, plan confirmation and an efficient emergence from bankruptcy. Some examples of this include “bet the farm” litigation necessary to fund plan distributions, lien challenges/avoidance claims, claim objections, plan treatment, sale objections, third-party releases and insider claims, and structured dismissals. This panel discusses the role of UCCs, confidentiality of mediation discussions (especially important on case-dispositive issues if the matter is not resolved), impact of the changing composition of senior lenders from institutions to private-equity and hedge funds, and judicial acceptance and/or encouragement of mediation of key disputes, including the authority to order mediation.

This panel, comprised of investment bankers, lawyers and principals of hedge funds, explores whether, when and how the goals and strategies of hedge funds and private-equity funds in chapter 11 cases differ from those of other creditors, including banks, insurance companies, trade creditors, unions and governmental agencies.

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.