Business

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach. Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

This roundtable of experts will explore the unique aspects of health care and nonprofit bankruptcy cases, including, but not limited to, the reasons for the significant increase in health care bankruptcy filings, jurisdictional issues, regulatory approval requirements, and patient care ombudsman and HIPAA considerations, as well as criminal forfeiture and false-claim litigation while in bankruptcy.

This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.

Join leading bankruptcy scholars Professor Ronald J. Mann (Columbia), Professor Margaret Howard (Washington & Lee) and Professor Ralph Brubaker (University of Illinois) as they discuss Professor Mann's recent book, Bankruptcy and the U.S. Supreme Court. The presentation will not only focus on the most important bankruptcy decisions by the Supreme Court but also on the decision-making process that the Justices undertake to reach their conclusions. This session should not be missed!

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

Learn how to enhance your client and committee pitches, hone your panel presentations, and “wow” your court or your audience from this group of skilled advocates and public speakers. This workshop, suitable for attorneys of all levels, will provide you with tips, lessons and examples to help you improve your presentation skills.

Secured lenders work with debtors and committees in large chapter 11 cases to modify the environment in which the chapter 11 estate proceeds. This panel will examine the contemporary attributes of negotiated modifications and accommodations in connection with cash-collateral stipulations, DIP financing agreements, bidding procedure orders and chapter 11 plans. The panel will also consider whether any of the typical compromises are questionable in light of decisions, such as Jevic, that challenge the ability of courts and constituents to modify the structure of the chapter 11 playing field.

Impact of Insolvency on Cryptocurrency, Smart Contracts and Initial Coin Offerings by IWIRC

During this session, the panelists will discuss the role and responsibility of boards of directors in monitoring for insolvency and taking action, along with a retrospective view of how this has unfolded in certain industries and what indicators were present. Finally, we will consider where valuations fall short at being predictive.