Business

Challenges posed by lack of precedent on cramdown, good faith, etc.; recent developments/precedents arising out of Vallejo, Stockton, Central Falls, Jefferson County, etc.; labor, pension and OPEB issues (who owns pension plans and assets?); general obligations vs. dedicated revenues vs. secured interests; federal and state constitutional issues (contract modification, pension impairment, imposition of taxation, limitations on spending, etc); state alternatives to chapter 9; selling/privatizing municipal assets; post-confirmation enforceability of taxing and paying agreements (Jefferson County); Oppenheimer AMT-Free Municipals decision; possible updates on Puerto Rico, Detroit; possible discussion of consequences of recent developments to the future of the municipal finance market

Primary focus on voluntary hospitals (including health care issues); secondary focus on NYC Opera, CCRCs, schools, etc.; duties and liabilities of directors; avoidance issues; impact of philanthropic base; avoidance, solvency and deepening insolvency issues; possible focus on benefit corporations, low-profit limited liability companies (LC3s)

Extension of controlled group liability to fund investors (Sun Capital), foreign affiliates; U.K. pension claims asserted against U.S. debtors (Nortel, Reader’s Digest); allocation of liability among controlled groups; pre-petition vs. post-petition benefits and claim accrual (including withdrawal liability); standards for termination; multi-employer plan withdrawal liability/“last man standing”; Kodak

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.

This panel will discuss a variety of issues arising due to the explosion of social media communications. Topics will include property rights, evidence, spoliation, ethics and trustee investigation duties.

A panel of younger lawyers/financial professionals will talk about the issues and challenges of working for senior lawyers and suggest ways to improve the working relationship between senior and junior lawyers.

After you have found your valuation expert, how do you know that the expert’s report is accurate? This panel will discuss some of the red flags that should cause you to raise some questions with your own expert (or consider asking the other side’s expert in cross-examination), and will discuss how organization might make it easier or harder to catch red flags.

The strategic use of Examiners in some of the largest and most complex Chapter 11 cases has become more frequent in recent years. This panel explores the use of an Examiner to investigate, analyze and value potential causes of action and other contentious issues in ResCap and other significant Chapter 11 cases.

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

Discussion about unanticipated and anticipated problems in chapter 11 cases in which all or substantially all of the assets are being sold in a § 363 sale; “pay to play” arguments by unsecured creditors; should bankruptcies be run exclusively for the benefit of secured creditors?; presale orders regarding the use of sale proceeds; funding of wind-down costs and payment of administrative claims; post-sale chapter 7 conversions