Business

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.

Forever Chemicals: PFAS chemicals have been dubbed “forever chemcials” because they are extrermely presistent, lasting thousands of years. Many have been linked to long-term health problems, thus generating trillions of dollars in potential liabilities — and bankruptcy filings. Chapter 7 Clawbacks in Fraud Cases: Hear the latest on chapter 7 trustees’ ability to use clawbacks in fraud cases. Distressed Investing Update: Learn about the latest trends in distressed investing — what the latest opportunities are, and what factors should you be paying attention to. The Changing Landscape of Chapter 11: Find out about the newest trends in restructuring and chapter 11 filings, and what new tools parties-in-interest and the courts are turning to in in-court and out-of-court restructurings.

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.

This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.

This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.

This panel will address recent trends in private credit restructuring.

This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.

This panel will analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.

This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.

This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.