Business

A “board flip” — reconstituting a company’s board to install creditor-nominated or independent directors — can be a decisive tool in financial distress. This panel explores the legal, strategic and practical considerations behind executing a successful board flip, including governance mechanics, fiduciary duties and key contractual levers. Using real-world examples, the panelists highlight lessons learned, stakeholder dynamics, and actionable strategies to mitigate risk, manage conflicts and preserve value in high-stakes restructuring situations.Learning Objectives:Attendees will understand the legal and governance mechanisms involved in implementing a board flip in a distressed company.Attendees will analyze fiduciary duties, stakeholder interests and conflict-management considerations that arise during board reconstitution efforts.Attendees will evaluate practical strategies for executing board flips while mitigating risk and preserving enterprise value.

This panel provides a fast-paced and interactive review of significant recent business bankruptcy decisions and developments shaping today’s restructuring landscape. Through a curated discussion of key cases, the panelists examine the facts, holdings and broader implications of notable rulings affecting chapter 11 practice, litigation strategy and restructuring trends. Moderated discussion and panel commentary offer attendees practical insight into how these developments may impact future cases and advocacy approaches.Learning Objectives:Attendees will identify and interpret recent business bankruptcy decisions impacting chapter 11 practice and restructuring strategy.Attendees will evaluate the legal and practical implications of emerging case law affecting debtors, creditors, lenders, and other stakeholders.Attendees will formulate strategic approaches for addressing evolving business bankruptcy issues in litigation, negotiations, and plan administration.

You are in the late stages of trial preparation — just 60 days before trial. You are past the summary-judgment stage, mediation has been unsuccessful, and discovery is complete. Absent a Hail Mary or surprise settlement, you are going to trial. This session will talk you through, and offer tips and advice for, your final trial preparations.

This panel will provide an overview of recent developments and trends in chapter 15 cross-border insolvency practice. The panelists will discuss notable recent cases, emerging issues in recognition, comity and cooperation, and evolving approaches taken by U.S. courts when coordinating with foreign proceedings. The session will highlight practical considerations for foreign representatives and parties in interest navigating chapter 15 proceedings and related cross-border disputes.

As cross-border restructurings continue to grow in complexity, courts are increasingly confronted with questions surrounding a debtor’s center of main interests (COMI) and the appropriate jurisdiction for insolvency proceedings. This panel explores recent chapter 15 decisions and trends affecting COMI determinations, the limits of international forum-shopping, and the practical implications for debtors, creditors and other stakeholders. The panelists also discuss emerging issues and developing case law shaping the future of cross-border insolvency practice.Learning Objectives:Attendees will identify recent Chapter 15 decisions and trends affecting the determination of a debtor's center of main interests (COMI).Attendees will analyze the limits of international forum shopping and their practical implications for debtors, creditors, and other stakeholders in cross-border insolvency proceedings.Attendees will recognize emerging issues and developing case law shaping the future of cross-border insolvency practice.

This panel examines the unique challenges that Merchant Cash Advances (MCAs) present in subchapter V bankruptcy cases, including disputes over characterization as true sales versus disguised loans. The panelists discuss how courts have analyzed MCA agreements, the implications of recharacterization, and the impact on creditor rights and debtor restructuring efforts. Attendees will gain insight into emerging case law, confirmation issues, and strategies for addressing MCA claims pre-filing and within the subchapter V framework.Learning Objectives:Attendees will analyze how merchant cash advance (MCA) transactions are characterized in Subchapter V bankruptcy cases and evaluate the legal factors courts use to distinguish true sales from disguised loans.Attendees will identify and assess recent case law developments involving MCA agreements, including the implications of recharacterization determinations on creditors’ rights and debtors’ restructuring efforts.Attendees will apply practical strategies for addressing MCA-related claims, confirmation issues, and litigation considerations both before filing and throughout the Subchapter V bankruptcy process.

This panel will examine conflicts of laws in cross‑border insolvency, focusing on U.S. standing rules versus foreign recovery statutes, offshore jurisdictional reach, and choice‑of‑law challenges. It will also provide practical strategies for planning around these issues to mitigate risk and achieve enforceable outcomes.

This panel provides an overview of the procedures of obtaining and challenging a corporate debtor’s authority to file. The panelists explore the strategies associated with navigating filing decisions for businesses with complex business structures and provide practical insights into make such decisions. This panel also examines case law trends and developments associated with corporate filing authority and challenges thereto.Learning Objectives:Attendees will understand the legal requirements for establishing bankruptcy filing authority within complex ownership and governance structures.Attendees will analyze common disputes involving corporate authority, organizational documents and stakeholder consent rights.Attendees will evaluate best practices for identifying and resolving filing-authority issues before and during bankruptcy proceedings.

This panel will explore recent developments affecting chapter 11 plan confirmation issues, including the evolving standards for consensual releases, gatekeeper provisions, and insights from the ConvergeOne decision. The panelists will also examine the impact of market uncertainty on business projections and analyze chapter 11 plan implications arising from pre-petition liability-management exercises (LMEs).Learning ObjectivesAttendees will understand recent developments in Chapter 11 plan confirmation, including evolving standards for consensual releases, gatekeeper provisions, and key rulings such as ConvergeOne.Attendees will examine the impact of prepetition liability management exercises (LMEs) and market uncertainty on plan structure and business projections.Attendees will analyze practical implications of confirmation-related issues for structuring and negotiating Chapter 11 plans.

This panel explores how theft by contractor claims intersects with nondischargeability actions, including fiduciary defalcation and fraud theories.Learning Objectives:Attendees will analyze theft by contractor claims in the construction context and assess how such claims give rise to nondischargeability litigation under the Bankruptcy Code.Attendees will evaluate the legal standards applicable to fiduciary defalcation, fraud, and related causes of action in contractor-debtor disputes.Attendees will examine litigation strategies, evidentiary considerations, and practical advocacy techniques used in prosecuting and defending theft by contractor nondischargeability actions.