Business

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

Our distinguished panel will feature former Speaker of the U.S. House of Representatives John Boehner, former Congressman and Chairman of the Democratic Caucus Joseph Crowley, former Congressman Bill Shuster and former Secretary of Transportation Rodney Slater. Topics to discuss will include the election, the U.S. Supreme Court, the political impact of a Trump or Biden administration, the possible change of control in the Senate, and what all of this means for unemployment and future stimulus programs, interest rates, taxes, infrastructure and the U.S. economy in 2021. And of course, how does the pandemic impact the analysis – now and for the foreseeable future? There will also be ample time for Q&A.

With many legal observers predicting an unprecedented tsunami of commercial bankruptcy filings, many companies will face challenges regarding the best strategies for liquidating their assets. This session will offer a range of options to consider, including § 363 sales, receiverships, Article 9 and other means of selling assets.

Global markets continue to shift as the world confronts today’s unprecedented challenges. But in this uncertain time, there are also opportunities that savvy investors can capitalize on if they know where to look. Join this interactive panel as leading experts representing renowned capital-raising gurus, global private-equity firms and one of the world's largest independent financial advisory groups discuss the leading trends taking place in the M&A space today. Understand trends and considerations private-equity firms are currently facing, analyze the landscape for alternative lending and learn how traditional capital fundraising has shifted, and assess strategies for success in the long term as we continue to battle COVID-19 in the global marketplace.

This panel will work through real-life scenarios that demonstrate challenges faced by litigants in qualifying valuation witnesses. The panel will also cover strategies and techniques that are crucial to winning the valuation battle. Finally, the panel will discuss the latest developments and trends in valuing assets in bankruptcy.

A presentation on wellness, performance enhancement and mindfulness in your practice.

Presented by the Young and New Members & Ethics and Professional Compensation Committees You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals. What did the appeals court do in Tribune II, and what impact does the court’s decision have on fraudulent transfer litigation by private litigants under nonbankruptcy law?

Presented by the Emerging Industries and Technology & Secured Credit Committees This panel explores and navigates distressed-investing issues relating to sales of technology and IP under § 363, and buyer identification in a virtual landscape.