No CLE

The attributes of the limited liability company form that are considered favorable by clients and advisers alike can present distinctive challenges in chapter 11. This panel will delve into those challenges and relevant case law developments in the context of a hypothetical transaction. The panelists will provide their valuable insights on relevant current topics and issues, such as the LLC’s authority to file a chapter 11 case, fiduciary duties and duty waivers, derivative standing, and tax implications for LLC stakeholders. Attendees can anticipate receiving actionable analyses to apply in future cases, whether preparing for a chapter 11 case, advising a committee or structuring a transaction.

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code. 

This panel explores various topics including litigation issues and obligations specific to creditors committees, the role of financial experts in litigation, and evidentiary issues that practitioners are likely to encounter. The panel also provides practical tips on preparation and best practices.

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect "backdoor" estate releases through sale transactions whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted when a debtor is using cash collateral to maintain operations as a going concern where the alternative is a potentially value-destructive chapter 7. The panelists also plan to address the jurisdictional split regarding whether the confirmation requirement of an impaired accepting class requires a "per plan" or a "per debtor" approach for multi-debtor plans.

This panel will explore the ways in which companies are increasingly using creative liability-management transactions — such as drop-downs, uptiers and double-dip structures — to restructure debt, often to the detriment of certain creditors. The panelists will outline legal and structural mechanics behind these transactions, illustrate real-world case studies (e.g., J. Crew, Serta, STG), and discuss the evolving litigation landscape and protective covenant strategies.

Roben Farzad is an acclaimed journalist, broadcaster and author known for his sharp insights into the intersection of business and culture. As the host of the popular public radio program "Full Disclosure," he dives into the forces shaping industries, innovation and society.

This presentation will explore how generative AI is transforming the legal profession, including its ability to draft legal documents and marketing materials, and will address the professional, legal and ethical risks it presents. Attendees will gain practical insights on AI’s impact and limitations, as well as how to navigate this evolving technology effectively and responsibly.

This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."