Business

Calling all up-and-comers in the bankruptcy industry! Join us for this new, half-day program exclusively for emerging leaders attending the ABI Northeast Conference or Consumer Forum. We invite lawyers, financial advisors, bankers, etc. with less than 10 years of insolvency expertise, either consumer or business focus, to participate in an interactive program involving common insolvency issues facing junior insolvency professionals. Participants will break into small working groups led by emerging leader facilitators and bankruptcy judges to consider issues of substantive law as well as practical procedures for both the courtroom and boardroom. A reception for Emerging Leaders will immediately follow this program.

Technology has brought about radical changes in the energy industry, including the creation of new E&P companies, new cost structures and “just-in-time” revenue opportunities, and challenges to all companies in the production-to-consumer stream, including servicing and mid-stream. These changes, and the uncertainty regarding pricing and the evolution of new, unconventional competition, have led to a number of restructurings during the last cycle, as well as uncertainty on the appropriate capital structure and status for the industry going forward. As we transition from the last energy restructuring cycle of 2015-17, what is our takeaway from the key valuation and other issues that were faced? Does the industry require different thinking regarding the relative amounts of debt versus equity? What is the state of energy dealmaking and capital markets? Can we expect further industry restructuring and consolidation? What is the future of unconventional energy sources and traditional offshore sources? Our energy experts will examine these and other issues from a variety of different perspectives, including deal-making, judicial, legal, operations and financial.

As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs. third party, Gawker), who should control settlement as contingency counsel’s stake grows, and when payment of contingency counsel can be contested.

Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?

This panel will discuss the scope of mediation privilege, including waiving privilege with co-clients, privilege in regards to small firms, the "at issue" waiver doctrine, and ethics and privilege issues related to technology.

In this session, a panel of experts examines the potential pitfalls and divergent case law regarding compensation and ethical issues in bankruptcy.

Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles? What resources are available to attorneys who find themselves subjected to inappropriate or actionable conduct? How may explicit or implicit bias and harassment play out in the adversary system and in negotiations, litigation and the courtroom? Finally, what is the role of the judiciary in addressing these critical issues? The panel will tackle these questions head-on in a plenary ripped from today's headlines.

This panel will discuss the challenges facing colleges and universities, and the financial advisor’s role in assisting stakeholders in addressing these challenges. The panelists will discuss the dynamics associated with turning around a college or university and how that process differs from the kinds of turnarounds that most professionals are familiar with.

Do unfair trading practices (UTP) in Europe represent a new Gold Rush, and how will they impact the restructuring and turnaround market? In this panel, TMA professionals will discuss potential solutions for and the future of these practices.

This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.