Business

This panel provides an in-depth, dynamic discussion on (1) forensic analyses employed to identify and untangle fraud and maximize recoveries; (2) standing to bring certain claims in fraud cases; (3) claims often pursued in Ponzi and other fraud cases, including aiding and abetting fraud, aiding and abetting breach of fiduciary duty, and conspiracy; (4) the Ponzi scheme presumption, clawback and defenses; and (5) in pari delicto and its applicability, along with other potential defenses. The panelists highlight and address recent case law developments in fraud cases and their impact on the various constituencies involved.

In this session, former and active hospital and senior-living CEOs/CFOs will speak on hot topics in health care, and how they affect the successes of day-to-day operations.

This panel explores the ethical implications of AI in legal practice, focusing on fee issues and providing tips for crafting effective prompts. The panelists discuss how AI tools are reshaping billing practices and the standards for reasonable compensation, as well as practical strategies for integrating AI while maintaining ethical standards. Discover how to create powerful prompts that maximize AI's potential and ensure transparency with clients and courts. Don't miss this insightful conversation!

This panel will discuss post-Purdue case developments, including what constitutes “consent” and the role of opt-out releases (Spirit and other recent cases), third-party stays and injunctions, solicitations (Red River Talc), and the role of financial distress in chapter 11 and whether it is too restrictive (LTL). The panelists also will provide an update on where we stand regarding prepacks, nonvoting classes when confirming subchapter V plans (SushiZushi), out-of-court solutions and liability-management exercises.

Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.

This panel, presented from the perspectives of a lender, attorney and investor, discusses how guarantees have changed over time, including their value, regulatory needs and more.

Mentorship is a cornerstone of professional development and plays a critical role in shaping the future of the bankruptcy bar. This conversational panel will explore how intentional, well-structured mentorships can foster talent, promote inclusion, and build a strong foundation for the next generation of bankruptcy professionals. The panelists will share practical strategies for cultivating meaningful mentor/mentee relationships in both formal and informal settings, including within law firms and financial institutions. Special attention will be paid to the unique opportunities judicial clerkships provide in mentoring early-career attorneys, and how experienced professionals can actively guide aspiring lawyers toward careers in bankruptcy law. The discussion also will highlight the benefits of reverse mentorship, wherein junior professionals offer fresh perspectives and insights that help senior professionals and leaders adapt to emerging trends, technologies and cultural shifts. Attendees can expect an engaging, experience-driven conversation with actionable takeaways.

As financial pressures continue to mount in the health care industry, long-term-care facilities are facing unique operational and legal challenges that can quickly lead to distress or insolvency. This panel will explore the complexities of health care bankruptcies, including regulatory hurdles, patient care obligations, and strategies for restructuring or conducting orderly wind-downs. The panelists will discuss key considerations for debtors, creditors and trustees — such as Medicare and Medicaid reimbursement issues, facility licensing and resident transition plans — while offering practical insights on navigating these sensitive cases with both compliance and compassion in mind.

The health care industry is facing growing financial stress, driving a surge in both chapter 11 filings and out-of-court restructurings. This panel will explore the evolving landscape of health care distress, highlighting the creative solutions being used outside of traditional bankruptcy, such as receiverships, distressed M&A and liability-management transactions. The panelists will examine the influx of private capital into the sector, regulatory and compliance pressures, and how declining reimbursement rates and litigation are accelerating financial challenges. The discussion will also provide practical insights into navigating fiduciary duties, valuation standards, and the broader implications of restructuring in both for-profit and nonprofit health care environments.