Business

Intellectual Property assets present unique challenges in bankruptcy. Article 9 financing statements may or may not be enforceable, and, in some instances, may actually be to your client’s detriment. Can a debtor assume and assign IP rights? Revoke them by rejecting a license? How is a security interest in intellectual property perfected and enforced? How you define the intellectual property assets can greatly impact your client’s rights, and those rights are constantly changing. This panel will cover practical issues and problems, including how to document and value IP assets, to help you spot the issues and navigate your way out of the bankruptcy riptide, whether you represent a secured lender, debtor, or contract counterparty.

The healthcare industry in general, and hospitals in particular, have been severely impacted by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The restructuring of a healthcare entity, whether in or out of court, raises unique and significant issues, in large part because federal and state governments pay for the bulk of medical care in the United States and the industry is one of the most heavily regulated industries in the nation. This program will discuss several issues which, although not necessarily new, have been pushed to the forefront by recent decisions in bankruptcy cases in Delaware, New York and Los Angeles.

This panel will identify issues that could arise during discharge preparation and immediately post-discharge during your debtor client’s case, including judgment liens, comfort orders, nondischargeable debt, destruction of your client’s file, failure to comply with a Notice of Final Cure, credit report post-discharge and credit repair.

The US healthcare system is consolidating at an increasing pace. Healthcare systems tout the benefits of consolidation in the form of cost savings and other operational efficiencies. But consolidation also has its costs: independent providers are being disrupted by larger systems, the larger systems themselves face higher risks, and the consumer may not always benefit. This panel will explore the pros and cons of consolidation from the perspective of consolidated systems themselves, providers that choose to remain independent, and the healthcare consumer.

Presented by the Consumer Bankruptcy & Legislation Committees This panel will focus on the top 10 items that came out of the ABI Commission on Consumer Bankruptcy’s Final Report, released in 2019.

This panel will provide insights into effective communication practices for cross-border dealings.

Hear first-hand experience on who to survive a cyberattack, one of the many challenges facing healthcare providers today.

Consumers are utilizing retail clinics, urgent care centers, ambulatory surgery centers, concierge services and freestanding ERs to get medical care when and where they want it. The healthcare marketplace is forcing providers to rethink their business models beyond the four walls of traditional healthcare facilities. The new reality is that healthcare is taking on a consumer-centric, technology-enabled retail model, in the name of improving outcomes and lowering costs. This panel will explore how to create a Consumer Brand Experience in today's evolving healthcare marketplace. Every aspect of your organization from your stories, your online presence, mobile solutions, services and physical environment, should be an extension of your brand and what you do remarkably well. For healthcare providers, a well-defined Consumer Brand Experience means bringing your brand promise to life consistently, across every location where you market and provide services to your consumers.

Sponsored by Husch Blackwell LLP The Kirwan Institute for the Study of Race and Ethnicity defines implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” According to the Kirwan Institute, “[t]hese biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control.” Researchers have found that implicit biases can impact many aspects of an individual’s life. For the bankruptcy attorney, it is imperative to consider whether implicit bias affects her day-to-day interactions with clients. This session will highlight studies confirming the pervasiveness of implicit bias, as well as empirical research establishing its influence on bankruptcy proceedings. The session will also provide techniques for reducing and/or eliminating the impact of implicit bias.

Panel presented by the International Insolvency Institute (III) This panel will discuss a proposed solution for a response to the need for funding to recapitalize and provide liquidity to viable businesses seeking to emerge from the disruption.