Business

This panel will discuss the features that make chapter 11 world-renowned, and will analyze the similar features that have been incorporated into the (often newly enacted) restructuring regimes of foreign countries. The panelists will then examine certain of these regimes to explain why some regimes have used these similar features more successfully than others. Will chapter 11 continue to be the leading restructuring format in the world? Join us and find out!

The Supreme Court’s decision in Purdue Pharma has significant implications for cross-border insolvency practice under chapter 15. This panel will examine how the ruling is reshaping the legal landscape for foreign main proceedings, recognition standards, and especially the use of nonconsensual third-party releases. The panelists also will explore emerging questions around comity, enforcement of foreign judgments, and the limits of U.S. bankruptcy courts’ authority in cross-border cases. 

This panel will delve into the legal and practical issues surrounding subsequent-transfer claims under § 550(a)(2) of the Bankruptcy Code, and examine such key issues as the scope of liability for immediate and mediate transferees, the standards courts use to determine who qualifies as a subsequent transferee, and the statutory defenses available to those parties. The discussion will include recent case law developments, practical considerations in pleading and proving such claims, and common pitfalls in litigation.

This panel focuses on the perspectives of large retail landlords and office building spaces, including issues stemming from natural disasters and insurance coverage.

This panel will examine the key differences among chapter 11 in the U.S., U.K. schemes of arrangement, the Spanish Restructuring Plan and Latin American insolvency regimes. The panelists will highlight how these frameworks address cross-border challenges, creditor protections and restructuring strategies.

This panel will provide an update on mass torts and will discuss insurer issues and equitable mootness (Serta), including the exculpation and unequal treatment of creditors under § 1123(a)(4).

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.