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Health Care Panel
The health care industry is facing growing financial stress, driving a surge in both chapter 11 filings and out-of-court restructurings. This panel will explore the evolving landscape of health care distress, highlighting the creative solutions being used outside of traditional bankruptcy, such as receiverships, distressed M&A and liability-management transactions. The panelists will examine the influx of private capital into the sector, regulatory and compliance pressures, and how declining reimbursement rates and litigation are accelerating financial challenges. The discussion will also provide practical insights into navigating fiduciary duties, valuation standards, and the broader implications of restructuring in both for-profit and nonprofit health care environments.
What Courts and Practitioners Have Done in the Wake of Purdue
In the aftermath of the Supreme Court’s Purdue Pharma decision, courts and practitioners are navigating new uncertainties around third-party releases in bankruptcy. This panel will examine how courts are distinguishing estate property from third-party claims, the impact on stay provisions and litigation strategy, and the evolving standards for voting mechanisms and plan confirmation in both chapter 11 and chapter 15 cases.
Merchant Cash Advances: A Lifeline, or a Boat Anchor?
This panel will explore the evolving world of Merchant Cash Advances (MCAs), offering attendees a clear understanding of how MCA transactions work and their role in business financing. Experts will discuss the current legal and regulatory environment shaping the industry, as well as the practical costs and benefits for both funders and merchants. Whether you're new to MCAs or looking to deepen your insight, this session will provide valuable perspectives from legal, financial, and operational standpoints.
Coverage Under Fire: D&O Insurance and Self-Insured Retention Policies (SIRs)
This session will provide a foundational overview of directors and officers (D&O) insurance, with a focus on issues that commonly arise in bankruptcy and distressed scenarios. Attendees will explore the importance of Side A coverage and strategies for supplementing existing policies to protect chief restructuring officers and board members. The panelists also will cover key legal principles and practical litigation strategies related to D&O breach-of-fiduciary-duty claims, providing insights from both plaintiff and defense perspectives.
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