No CLE

To make meaningful progress, legal professionals and the organizational cultures they inhabit must adopt a learning goal orientation and be willing to change. Join this keynote panel of legal professionals from across the nation for an active discussion on the business impacts of racial and gender diversity, equity, and inclusion within the legal industry. The panel will begin with a plenary session followed by breakout rooms.

The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed.

Hosted by the Real Estate and Secured Credit Committees This session will explore current trends in distressed real estate, along with strategies for secured creditors, borrowers and investors as they continue to weather the pandemic, the legal implications of recent legislation and case law, and more.

Since March 2002, the U.S. economy has been in a recession brought about by the COVID-19 pandemic. While the Great Recession of 2008 caused a jump in business and consumer bankruptcy filings, the COVID Recession has not yet resulted in any such increase. Indeed, consumer bankruptcy filings since March 2020 have seen a historic decline. This panel will explore the economic differences between the Great Recession and the COVID Recession, and attempt to explain their inconsistent effects on bankruptcy filings. It will also consider why a bankruptcy wave has been slow to form under the COVID Recession, what events will eventually trigger a wave, and what the impact of the Great Recession suggests about the size, shape and timing of the coming wave of bankruptcy filings.

Retail was in the midst of a fundamental shift before the pandemic.  COVID-19 forced retailers to innovate or closes their doors forever.  This panel will discuss bankruptcy case and code developments during the pandemic, but we will also discuss the extent to which we believe the pandemic accelerated retail trends that were already underway or whether the changes reflect true evolution in the retail space.  This panel will ask the audience to share what they are seeing in retail near home, with a hope of gathering a current perspective on retail innovation and survival. 

States across the country have enacted so-called “reviver” statutes, allowing otherwise time-barred claims for childhood sexual abuse to proceed. History has shown that bankruptcy filings by targeted institutions are a natural byproduct of reviver statutes and laws tolling the applicable statutes of limitations for sexual abuse claims. Indeed, an increasing number of bankruptcies have been filed in the wake of reviver statutes and new waves of sexual abuse claims. This panel will discuss issues that arise at the crossroads of sexual abuse claims and chapter 11, including the tension caused by using a financial reorganization tool to resolve highly emotional personal-injury claims, the stresses that cases of this ilk place on the Bankruptcy Code (including the uniqueness of claims bar dates in cases of this sort, nonprofit debtors and the absolute priority rule, and the propriety of third-party releases), and the use of mediation to globally resolve these cases.

Divorces are messy enough without introducing bankruptcy into the equation — but when there is a bankruptcy aspect, there are a ton of issues to sort through. What happens in divorce court doesn’t always fly in bankruptcy proceedings, and vice versa. Learn tips for navigating through these often-contradictory laws.

To ease the financial fallout from the pandemic, there could be increased congressional interest in consumer bankruptcy reform. Sen. Elizabeth Warren and Rep. Jerrold Nadler already have proposed a complete overhaul of the consumer bankruptcy system and a new chapter 10 for all individual debtors. Several pending legislative proposals would make it easier to discharge student loans in bankruptcy. Profs. Robert Lawless and Adam Levitin will explain these proposals, the motivating factors behind them, and what else might be coming in the consumer bankruptcy world.

This panel will explore the 20-year ongoing opioid crisis in the pharmaceutical industry. The discussion will feature such opioid bankruptcy cases as Purdue and Mallinckrodt, and other recent rulings.

This session will survey U.S. government health care policy regarding the pandemic from inside the government as the pandemic unfolded. A former deputy secretary and acting secretary of the U.S. Department of Health and Human Services will discuss the Provider Relief Fund, Operation Warp Speed and the Centers for Medicare & Medicaid Services rule changes, and reflect on the health care industry changes to come.