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“Too Many Hats”: The Peculiar Problems and Challenges that Arise When an Equity Sponsor/Secured Lender is a DIP Lender/Stalking-Horse Buyer in a Chapter 11 Case
This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.
Peace Bridge, or Bridge of Sighs: Cross-Border Mediation of Insolvency-Related Disputes
Presented by the Mediation and International Committees
Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.
Witness Preparation: A Roundtable Discussion
Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.
Anatomy of a Pharmaceutical Bankruptcy Case
Presented by the Commercial and Regulatory Law & Financial Advisors and Investment Bankers Committees
This panel will present a primer on the U.S. pharmaceutical industry, focusing on the typical capital structures of pharmaceutical/development companies versus in-pipeline companies. The panelists will examine the factors leading to the recent surge in pharmaceutical bankruptcy cases and their outcomes/resolutions, as well as § 363 sales of pharmaceutical companies’ assets and restructurings. Opiate bankruptcy cases such as Purdue and Mallinckrodt will be highlighted, as will ancillary issues that arise in pharmaceutical bankruptcy cases, such as product recalls, regulatory issues (such as with the FDA) and IP licensing issues.
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