No CLE

The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel will explore the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends.

This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.

This panel will explore the ins and out of blockchain, related cryptocurrency marketing concepts including mining, Ethereum, DeFi, DAOs and stablecoins, current regulatory issues involving cryptocurrency, how cryptocurrency has made its way into the bankruptcy arena so far, and how bankruptcy practitioners can prepare for crypto-related bankruptcy issues in the future.

This panel will provide an update on cryptocurrency’s adoption and integration into the global financial system. The panelists will share practical approaches for bankruptcy practitioners to identify, take possession of and manage cryptocurrency in bankruptcy cases. The panelists will also discuss strategies for debtors in possession and bankruptcy trustees to preserve the value of crypto-estate property.

This panel will discuss litigation funding, conflicts and disqualifications, client complaints, mediation and dealing with pro se litigants.

No CLE hour available Delaware Bankruptcy Judges and panel members discuss the case law developments in Subchapter V cases including, but not limited to, designation revocation, official committees appointments and insiders.

This session will walk attendees through various cybersecurity issues, focusing on the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data-privacy event occurs.

This interactive discussion will identify and discuss the issues that attorneys who practice in the insolvency area should comprehend and consider in the complicated interactions between director and officer liability insurance and bankruptcy law. The discussion will also include a review of recent decisions that have an impact in this developing area. The panelists will address the pitfalls and challenges in realizing value on D&O policies; effective approaches for challenging them, including how to interpret policies, what to look for in the policies, and strategies and solutions that address policy exclusions; unique bankruptcy issues; and differences among cases involving trustees and debtors in possession. Audience questions will be solicited in advance.

This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.