Business

"As the U.S. Trustee guidelines for large chapter 11 cases are nearing their six-month anniversary, this panel will discuss how the guidelines have been implemented, what reception they have received from the courts and whether they have changed the way large chapter 11 cases are administered."

Section 363 transactions have a dominating presence in today’s chapter 11 practice. This panel will focus on the nuts and bolts of the asset-purchase agreement and related ancillary documents, including sale procedures orders, sale orders and other sale-related pleadings.

Organized labor has been at the forefront of many significant chapter 11 cases over the past several years. This panel will address a variety of topics (CBAs, WARN Act, Legacy Costs) that are critical to restructuring cases involving labor unions.

Individual chapter 11 cases continue to present practitioners with a variety of complex and perplexing issues. This panel will discuss navigating through an individual chapter 11 case from the perspective of both the debtor and its creditors.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

This panel will discuss commonly negotiated clauses found in DIP loan facilities, including roll-up provisions, cross-collateral clauses, waivers of defenses and carve-out clauses. Priming might also be discussed, with an analysis of existing case law involving adequate protection, as well as suggested best practices from both the debtor’s and lender’s perspective.

Nortel (involving two courts simultaneously trying allocation issues); Kelmsley (U.S./U.K. courts regarding anti-suit injunction); ABC Learning/Fairfield Sentry (circuit court cases involving chapter 15 recognition); troubled foreign banks’ use of chapter 15 (Anglo Irish, Banco Pontual S.A.); In re Barnet (Octaviar)

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.