Business

Sponsored by ABI's Commercial and Regulatory Law Committee This panel of experts will discuss the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data privacy event happens.

Sponsored by ABI's Financial Advisors and Investment Banking Committee Although the COVID-19 emergency has battered many industries, it did not mark the beginning of what is currently besieging colleges and universities; issues have been brewing beneath the surface of these proud institutions for a long time. The headwinds of shrinking enrollment, increased competiton and downward pressures on tuition are causing many institutions in higher education to address their economic viability. Increasing costs and decreasing revenues are a reciepe for disaster in any business, and colleges and universities are not immune to such challenges, which are further exacerbated by regulatory obligations and academic culture, especally when it involves restructuting smaller institutions. Learn first-hand from experts in the field how colleges and universities can best be restructured.

Hosted by the Financial Advisors and Investment Banking Committee Subchapter V cases often involve troubled small businesses with limited financial means to hire a financial advisor. One unique feature about subchapter V cases is that a case trustee is appointed in every case, and some of these trustees are experienced bankruptcy professionals with backgrounds in accounting and finance. This panel is comprised of nonlawyer subchapter V trustees who regularly serve as financial advisors and accountants in chapter 11 matters. The panelists will share their perspectives on how they have used their financial and accounting experience to help subchapter V debtors successfully negotiate and confirm plans where feasibility and valuation issues have been raised.

ABI and Reid Collins & Tsai LLP have joined together to present a three-part webinar series focusing on recurring issues that arise in post-bankruptcy litigation involving trustees, and how to set up trustees for success in pursuing litigation claims. This session, the second in the series, is being presented in partnership with ABI's Commercial Fraud Committee.

Which contract counterparty rights survive rejection, and what can be done when negotiating a contract at the front end to plan for or defend against the rule of Tempnology? This panel will discuss these issues and more.

The panel will address developing law on exemption planning.

We all deal with fraudulent transfers, but sometimes issues that don’t come up in routine fraudulent-transfer cases might get overlooked. Do insurance policies cover fraudulent-transfer claims? Can a group of fraudulent-transfer plaintiffs assert a class action against a defendant? In terms of an actual fraud fraudulent transfer, what if a defendant has a mixed intent, part of which is impermissible and part of which is permissible? When can a fraudulent-transfer defendant use the “identity of interest” and “common enterprise” defenses? How can unjust enrichment be used as an alternative to a fraudulent transfer? How do the events of the past three years impact valuations, solvency opinions and fairness opinions prepared during that time and today? This panel will provide answers to and perspectives on these questions and more.

This panel will present a series of short TED talks and debates on issues arising with respect to attorneys’ fees.

The panelists will discuss the collapse of the Surfside condominium in Miami, and the resulting receivership and other disasters that have forced insolvency professionals to allocate resources, sometimes importing tort concepts.

A panel of seasoned professionals will discuss recent developments and trends in U.S. bankruptcy and restructuring.