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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.
Understanding and calculating income can be challenging when it isn't consistent. This panel will explore strategies for assessing income for individuals with variable earnings, including seasonal employees, gig workers, self-employed individuals, and those receiving overtime or bonuses. The panelists also will discuss best practices, tools and policy considerations to ensure accurate and fair income determination in complex financial situations.
Health care bankruptcies present unique legal, operational and regulatory challenges that require specialized strategies and coordination. This session examines recent high-profile health care bankruptcy cases and will analyze the factors driving financial distress in hospitals, senior care facilities and other medical providers. The panelists explore such issues as patient care continuity, treatment of Medicare and Medicaid claims, the role of governmental regulators, and the impact of health care-specific rules on restructuring efforts. Whether representing debtors, creditors or other stakeholders, practitioners will gain insights into navigating the complexities of insolvency in the health care sector.
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
As generative AI becomes part of the bankruptcy and restructuring toolbox, professionals face exciting opportunities — and serious obligations. This interactive panel will dive into real-world uses of AI tools, best practices for effective prompting, and the ethical rules you really don’t want to break. The panelists will include live demonstrations and audience Q&A, and discuss how courts and clients are responding to this fast-changing landscape.
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Pre-Bankruptcy Planning in the Consumer Case
Knowing the Bankruptcy Code, following the latest case law, and effectively advocating for your client in court are just some of the skills that make a consumer practitioner successful. But much of hard work in making a case successful happens before it is filed. This panel will examine the art of pre-bankruptcy planning in the consumer case, including strategies for marshaling the most accurate information from your client, selecting the chapter that is most appropriate for your client’s situation, and developing a strategy for prosecuting the case.
Do Corporate Duties Still Exist? A Refresher (and Reminder)
The panel will discuss the fiduciary duties of officers and directors under Delaware and other applicable state law, including the duty of care and the duty of loyalty, when the business-judgment rule applies to the conduct of officers and directors, and when a higher standard (such as enhanced review or entire fairness) applies their conduct.
What Does the Future Hold?
Hear what our seers think about the economy and specific industries. Will the economy burst? What sectors are likely to be the most challenged? Hear from the panelists on opioid issues, indenture, credit risk, the general economy and more.
Breaking the Log Jam: The Trend Toward Pre-Plan Mediation of Case-Dispositive Disputes in Chapter 11
Mediating disputes is not new to bankruptcy litigation, but recent years have seen a trend toward pre-plan mediation of key issues in chapter 11 cases that pave the way for asset sales, plan confirmation and an efficient emergence from bankruptcy. Some examples of this include “bet the farm” litigation necessary to fund plan distributions, lien challenges/avoidance claims, claim objections, plan treatment, sale objections, third-party releases and insider claims, and structured dismissals. This panel discusses the role of UCCs, confidentiality of mediation discussions (especially important on case-dispositive issues if the matter is not resolved), impact of the changing composition of senior lenders from institutions to private-equity and hedge funds, and judicial acceptance and/or encouragement of mediation of key disputes, including the authority to order mediation.
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