No CLE

This panel will explore the emerging cannabis industry in the U.S., with a particular focus on California and nearby states. The panelists will discuss the impact of the legalization of recreational use, as well as the opportunities and challenges that have been created for investors, attorneys and financial advisors.

This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.

This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.

In recent history, nuclear and coal power have been under attack while gas and renewables have been thriving. Has that now changed? Disruptions to this industry, and the related bankruptcies, seem to be one of the few certainties. Join our experts as they discuss the future power-industry issues that you are likely to encounter.

This session will discuss both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session will concentrate on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.

The panelists will lead a discussion about the relationship between race and bankruptcy, including decisions on whether to file, under what chapter to file, and the impact of race on professionals and other actors in the bankruptcy system. This session will also address the research about biases and perceptions regarding race and bankruptcy and what can be done about them.

Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.

"Hosted by the Ethics & Professional Development and Real Estate Committees The panel discussion will focus on scenarios grounded in real estate and ethics, including ethical issues surrounding initial interviews and conflict checks, ethically pursuing cases posing potential good-/bad-faith issues due to cannabis-related uses of real property, whether “zealous representation” is still a guiding principle, whether one may ethically use internet “information” as a litigant and judge, and how to appropriately raise potential judicial misconduct."

In recent months, allegedAsexual harassment and assault claims against politicians, news anchors and Hollywood celebrities have been heavily publicized. Of course, such behavior is not limited to those industries and it is important that we remain focused on eliminating discrimination in our workplaces and in society as a whole. This panel will discuss the current climate, what we can try to do to prevent sexual harassment from occurring and how to effectively respond to claims when they arise.

The mock valuation trial will be a battle to remember pitting the public shareholders against the Debtor, its hedge fund DIP lenders and plan sponsors, and even the Creditors' Committee in order to preserve their equity value. The trial will be based on the case of Horsehead Holding Corp., Case No. 16-10287 (Bankr. D. Del.), and the hotly contested valuation dispute over plan confirmation. Everything you wanted to know about valuation methodologies, risk premiums, beta, debt/equity ratios, direct and cross examination strategies, expert testimony practice tips, and even commodity forecastinga"it's all here.