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Hot Off the Blockchain: Current Crypto Case Law
This panel will analyze evolving approaches to the characterization of digital assets, focusing on the treatment of crypto in the GENIUS Act and the implications for priority, setoff, and customer vs. estate property rights. The panelists will discuss key recent decisions, including In re Prime Core and Celsius, addressing what constitutes property of the estate, the contours of constructive trusts and tracing, and the allocation of rights among customers, lenders and estate fiduciaries. The panel also will examine the legal status of stablecoins, including whether any super-priority liens can prime lawyers’ retaining or charging liens, and will assess the latest FTX decisions on sanctions, OFAC, and the permissibility of transfers to creditors in restricted jurisdictions such as China and Russia. Collectively, the panelists will present a practical framework for advising clients and litigating crypto-related insolvency issues across jurisdictions.
Continuation Funds to Zombie Funds: Insights on Distressed Alternative Assets
This session will focus on the unique challenges presented by distressed private investment funds, with an emphasis on identifying fraud risk and managing funds approaching the end of their lifecycle. The panelists will discuss common fraud red flags encountered in distressed fund scenarios and the practical steps professionals can take to investigate, mitigate and respond to those risks. The panel also will explore strategies for handling “end of life” funds, including wind-down considerations, stakeholder communications and regulatory issues. Particular attention will be paid to Cayman Islands’ segregated portfolio company (SPC) structures, highlighting structural complexities and best practices for insolvency, restructuring and recovery efforts.
Choice-of-Law Issues
This panel will examine conflicts of laws in cross‑border insolvency, focusing on U.S. standing rules versus foreign recovery statutes, offshore jurisdictional reach, and choice‑of‑law challenges. It will also provide practical strategies for planning around these issues to mitigate risk and achieve enforceable outcomes.
Valuation in Insolvency and Litigation
Valuation plays a critical role in cross-border insolvency and litigation matters, yet it often arises late in proceedings, creating challenges for practitioners. This panel will provide a practical overview of common valuation and regulatory issues that arise across jurisdictions, highlight key valuation approaches, and share real-world examples to illustrate best practices for addressing valuation challenges in complex cross-border cases.
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