Business

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.

This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.

This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.