Business

This panel will discuss current topics and challenges facing boards and other fiduciaries of distressed companies. The panelists will explore risks, pitfalls and best practices for directors, boards and their counsel/advisors in a variety of contexts with unique challenges, including liability management exercises (LMEs) and other distressed corporate transactions, wholly owned insolvent subsidiaries, and dual fiduciary issues in private-equity sponsor companies. The panelists also will discuss key post-Quandrant trends and legal developments, as well as the potential impact of recent Delaware General Corporation Law (DGCL) amendments.

As the retail and real estate markets continue to evolve post-pandemic, is the long-anticipated recovery taking shape, or are new challenges on the horizon? This panel of seasoned experts explores the latest trends, risks and opportunities in distressed retail and commercial real estate. From shifting consumer behaviors to the ongoing transformation of office space demand, the panelists provide practical guidance and strategic insights for investors, landlords and debtor tenants navigating today’s complex market.

The chapter 11 landscape is evolving. This panel will cover current economic headwinds facing debtors, and structuring bankruptcy strategies and feasible chapter 11 plans in this environment.

Corporate restructuring has recently experienced a significant transformation. Traditional business “rehabilitations” (sweeping and lengthy chapter 11 proceedings) have become truncated, and “pre-arranged” cases often follow a strategic liability-management exercise (LME). Jurisprudence that had long constrained debtor-in-possession (DIP) financing (e.g., the sub rosa plan doctrine) has seemingly lost its importance. In many cases, the creditors' committee — as well as the bankruptcy court — are boxed into restructuring support agreement (RSA) terms that are, in turn, embedded into DIP covenants, and those covenants often compel a particular (rightful or wrongful) case outcome. This panel will evaluate whether chapter 11 still reliably delivers on its legislative purpose.

This session will go beyond the black-letter law of § 365 with a "landlord mafia boss" to discuss practical and timely topics concerning how to best serve your client in post-petition lease negotiations during a post-petition § 363(b) sale process. This panelists will discuss cutting-edge issues and real-life experiences associated with real property and personal property leases from some of the most significant cases over the past several years, including Yellow, Red Lobster, GNC and Big Lots. Attendees can expect to be able to implement these lease strategies in cases of all sizes on behalf of debtors, landlords and other interested third parties.

This panel will delve into the legal and strategic complexities surrounding the RMS Titanic chapter 11 case, exploring how different approaches might have altered its course. The panelists will unpack the jurisdictional tensions between the district court overseeing recovered artifacts and the bankruptcy court managing estate assets, and discuss pathways for resolving these conflicts. The conversation also will examine the role of foreign investors and buyers, highlighting the dynamic they introduce into the sale process and the competing interests at play.

Domestic and foreign economic policies (and potentially laws and regulations) are undergoing a seismic shift, leading to increased uncertainties and greater market volatility. This panel considers the business impacts of tariffs, trade policies, tax reform, changes in the regulatory environment, and disruptions in both the public and private sectors. Given the rapid pace of proposed and actual changes, this discussion focuses on current events — with a healthy amount of prognostication — to explore areas of increased or potential financial distress.

This lively discussion will dive into the current economic environment in Utah and the U.S. generally, with a focus on such trending issues as employment, wages, interest rates and population growth. Learn how to prepare for success in these uncertain times.

This panel discusses ethical concerns relating to employing professionals in bankruptcy matters, including disclosure obligations under ethics rules, the Bankruptcy Code and U.S. Trustee guidelines.