Business

This panel keeps bankruptcy practitioners current on the substantive and procedural aspects of litigation in both contested matters and adversary proceedings.Learning Objectives:Attendees will identify key substantive and procedural distinctions between contested matters and adversary proceedings in bankruptcy court.Attendees will apply current procedural rules and best practices to effectively litigate claims and disputes within bankruptcy proceedings.Attendees will recognize recent developments in bankruptcy litigation that may impact case strategy and outcomes.

Think you know how to play nice in the sandbox of Utah's legal profession? Put your knowledge of the Utah Standards of Professionalism and Civility, along with those from around the country, to the test in this fast-paced, laugh-out-loud CLE experience modeled after the classic television game show Password. Contestants from the audience will face off in a battle of clues and quick thinking, where the winning "passwords" aren't just game show gold — they're the very principles of dignity, respect, and professionalism that separate the great lawyers from the merely licensed ones. Whether you're a seasoned practitioner or a fresh-faced associate, this session delivers serious ethical guidance wrapped in a whole lot of fun. CLE ethics credit available — dignity is its own reward.Learning Objectives:Attendees will analyze key provisions of the Utah Standards of Professionalism and Civility and identify conduct required to maintain good standing as a licensed attorney.Attendees will evaluate real-world case law and fact patterns to distinguish between compliant and non-compliant professional behavior under the Utah Standards.Attendees will examine ethical obligations specific to bankruptcy practitioners, including conflicts of interest, unauthorized practice of law, interactions with pro se parties, and duties of candor to the court.Attendees will assess the application of the Utah Standards of Professionalism and Civility to out-of-state attorneys, including relevant local rules and cross-jurisdictional practice considerations.Attendees will apply principles of professionalism, civility, and ethical responsibility to practical scenarios in an interactive setting designed to reinforce best practices."

As with many bankruptcy strategies, § 363 sales do not always proceed as smooth as initially planned. Your stalking horse may be outbid by a higher OR better offer, insider sales can be challenged and denied by the court, and sensitive information or IP rights might not be easily transferrable. This panel will discuss how creative bankruptcy strategies resulted in overcoming substantial challenges and ultimately led to successful outcomes in such cases as 23andMe, Genesis Healthcare, The Nicklaus Companies and Hawthorne Race Course.Learning ObjectivesAttendees will analyze common challenges that arise in Section 363 bankruptcy sales, including bidding disputes, insider transactions, and court scrutiny of sale processes.Attendees will evaluate how courts address issues involving stalking horse bids, competing higher or better offers, and objections to proposed sales.Attendees will assess how creative deal structures and strategic problem-solving can overcome obstacles involving intellectual property, sensitive information, and complex asset transfers in bankruptcy cases.

This panel discusses issues related to preparing for the bankruptcy filing and “first-day” issues, including creditor-on-creditor issues, operational issues, liability management issues (LMEs), Restructuring Support Agreements (RSAs), DIP-financing disputes and other recent developments related to first-day filings.Learning ObjectivesAttendees will recognize key pre-filing considerations, including creditor-on-creditor dynamics and operational issues that shape a debtor's strategy going into bankruptcy.Attendees will assess the use of liability management exercises and restructuring support agreements in structuring a case before and at filing.Attendees will examine recent developments in DIP financing disputes and other first-day issues affecting the early stages of a bankruptcy case.

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.