Business

This session will explore key ethical issues facing bankruptcy practitioners and judges, including professional responsibility, conflicts of interest, confidentiality, and duties to clients, creditors and the court. The panelists will examine recent case law, evolving ethical standards, and practical guidance for navigating complex situations in bankruptcy practice.

This panel will provide a forward-looking exploration of European insolvency and restructuring law in the context of global cross-border practice. The panelists will examine the evolution of European insolvency frameworks, the work of UNCITRAL Working Group V, and current efforts at harmonization through choice-of-law initiatives and upcoming EU legislation. Special attention will be given to new national restructuring tools such as the Dutch WHOA, Germany’s StaRUG and Spain’s Restructuring Plan, with comparative analyses of how these procedures perform in practice and interact with U.S. chapter 15 recognition. Attendees will gain a practical understanding of how these reforms are shaping the future of cross-border insolvency and what they mean for practitioners navigating multi-jurisdictional restructurings.

This workshop builds on the success of a well-attended evidence 101 workshop format held during the 2024 Winter Leadership Conference, with this forum focused on judge/attorney participation. The panelists demonstrate a fun fact pattern through 3 vignettes — (1) argument on a motion in limine; (2) how to qualify an expert; and (3) voir dire/Daubert challenges — followed by small table breakouts.

This panel explores all things evidence (well, not all), including fundamentals like presumptions, privileges and burdens of proof; often overlooked and underappreciated methods of presentation, such as summaries; practical pointers, such as how to value assets on the cheap; and emerging issues involving spotting and defending against “fake” evidence. The panelists will present a variety of perspectives from academia, the bench and the bar, all focused on providing practical advice on how best to prove your case (and maybe just a little about how to disprove the opposition).

This panel discusses topics related to various fiduciary roles, such as state and federal equity receivers, independent directors, and trustees in real estate receivership and bankruptcy cases, and looks at different enforcement mechanisms and practices from the viewpoints of both fiduciary and lender.

This panel will examine the latest pressure points in bankruptcy financing at both conceptual and granular levels, including pre-petition bridge loans, stalking-horse financings, roll-ups, intercreditor and intralender disputes and protections, DIP sizing and budgeting issues, and the overall effect of DIP and cash-collateral orders on case trajectory.

This panel addresses the legal, operational and financial challenges facing the health care industry and how those factors impact health care restructurings and bankruptcies. The panelists discuss differing approaches to restructuring health care businesses, and issues that are unique to health care bankruptcies.

Join us for a special session honoring our retiring regional judges as they reflect on their careers, share insights into the evolution of bankruptcy law, and offer valuable perspectives gained from years on the bench. This candid conversation celebrates their service and provides attendees with a unique opportunity to learn from their experiences and legacy.

This panel provides an in-depth, dynamic discussion on (1) forensic analyses employed to identify and untangle fraud and maximize recoveries; (2) standing to bring certain claims in fraud cases; (3) claims often pursued in Ponzi and other fraud cases, including aiding and abetting fraud, aiding and abetting breach of fiduciary duty, and conspiracy; (4) the Ponzi scheme presumption, clawback and defenses; and (5) in pari delicto and its applicability, along with other potential defenses. The panelists highlight and address recent case law developments in fraud cases and their impact on the various constituencies involved.

In this session, former and active hospital and senior-living CEOs/CFOs will speak on hot topics in health care, and how they affect the successes of day-to-day operations.