No CLE

This program will present expert practitioner and judicial ABI Views on current developments in chapter 15 practice, including new decisions and legislative proposals. It will also introduce the new UNCITRAL model law as to enterprise group insolvency, and discuss developments in cross-border practice with Mexico.

Presented by the Commercial and Regulatory Law & Financial Advisors and Investment Bankers Committees This panel will present a primer on the U.S. pharmaceutical industry, focusing on the typical capital structures of pharmaceutical/development companies versus in-pipeline companies. The panelists will examine the factors leading to the recent surge in pharmaceutical bankruptcy cases and their outcomes/resolutions, as well as § 363 sales of pharmaceutical companies’ assets and restructurings. Opiate bankruptcy cases such as Purdue and Mallinckrodt will be highlighted, as will ancillary issues that arise in pharmaceutical bankruptcy cases, such as product recalls, regulatory issues (such as with the FDA) and IP licensing issues.

Panel presented by the International Committee of the American College of Bankruptcy The panel will consider whether, if so, to what extent arbitration agreements could be used to resolve problems arising in the course of cross border insolvency proceedings. Hon Paul Heath QC and Dr. Stephan Madaus will discuss questions of arbitrability, use, and enforcement of awards in such cases; particularly under the New York Convention. Prof Troy McKenzie and Corrine Ball will focus more specifically on the use of arbitration in Chapter 15 proceedings.

Survey the landscape of current filing trends and gain an informed statistical perspective of what may happen next in bankruptcy. Join experts as they examine data provided by Epiq, statistical partner to ABI and a Premier Sponsor of the Insolvency 2020 Virtual Summit.

Consumer cases require quick, effective and efficient answers to complex legal issues. Bankruptcy cases are expected to surge as a result of the economic consequences wrought by COVID-19, creating a logjam in the bankruptcy courts that is expected to continue. Mediation is the relief valve, providing opportunities for consumer practitioners to minimize delay and resolve intractable problems. The panelists will discuss the phases of mediation, applicable rules and statutes, cases most suitable for mediation, how to select a mediator, confidentiality and privilege issues, how to prepare both your client and your case, remote mediation, and best practices for achieving a favorable result.

This session features a panel discussion covering new legislation (Small Business Reorganization Act, HAVEN Act, Family Farmer Reorganization Act, new Rules, new Procedures and new Administrative Orders), as well as proposed changes to PACER and operating programs for electronic filing.

Presented by the Business Reorganization and Bankruptcy Litigation Committees This panel will focus on two important issues that have arisen during the COVID-19 pandemic: The availability of nunc pro tunc orders in the wake of Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, __ S. Ct. __, No. 18-921, 2020 WL 878715 (Feb. 24, 2020), and the battle between landlords and debtors across the country regarding the deferral of rent pending the pandemic and beyond the period authorized by the Bankruptcy Code.

This panel will discuss recent bankruptcy court decisions addressing the Delaware Court of Chancery’s decision in CML V LLC v. Bax, and how these decisions impact a creditors’ committee’s or any other creditor’s ability to bring derivative claims against third parties. The panelists will also provide examples of how committees and judges are solving this issue through financing orders and other methods.

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference This session will provide a judge’s perspective on preferences for virtual hearings and trials, trustee and debtor attorney discussions on § 341 meetings, and best practices from U.S. Trustee and debtor’s attorney points of view.

This webinar will discuss recent developments related to distress in the agribusiness industry and agribusiness bankruptcies and provide insight on the unique legal, operational and public policy challenges facing large agriculture operations and their stakeholders as they restructure in the current environment from practitioners in the space, creditors and lenders.