Business

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.

This panel discusses workout strategies for distressed real estate cases from lender and borrower perspectives, including what works, what doesn’t, tradeoffs, pitfalls and more.

This panel will focus on state court receiverships, federal court receiverships, involuntary bankruptcies, assignments for the benefit of creditors and other alternatives to traditional workouts, all from a creditor’s perspective.

This panel, featuring a former U.S. Attorney, bankruptcy trustee and examiner, will cover such key topics as mail/wire fraud, concealment of assets, false statements, perjury and the Fifth Amendment as they relate to crimes in bankruptcy to help keep bankruptcy practitioners and their respective clients out of trouble.

Director liability in restructuring continues to grow in importance across borders, with shifting legal regimes and case law creating uncertainty for boards and restructuring professionals alike. This panel will compare filing laws and requirements in key jurisdictions, including Ireland and Germany, and examine the evolving roles of independent directors and restructuring practitioners.