Business

Many industries have incorporated artificial intelligence (AI) into their operations over the last several years, including the legal industry. This panel will discuss the current status of the use of AI in the legal industry, and will explore the ethical implications and obligations of practitioners when using (or not using) AI. Is AI the answer to increasing access to justice? What are lawyers’ ethical obligations when using (or not using) AI? How have lawyers gotten into trouble when using AI?

This panel will present views from the perspectives of management, debtor’s counsel and creditors' committee’s counsel on hot-button and common issues in public company bankruptcies. These large and interesting cases are not filed every day, but their frequency has been on the rise because of the role of special purpose acquisition companies (SPACs). The panelists will discuss the nuances of what makes public company bankruptcies different.

This panel will present a mock trial focusing on valuation, with the panelists serving as counsel arguing each side, and as a witness and a judge. The session will cover direct and cross-examination topics that come into play with valuations, including expert witness issues, applicable evidentiary rules and procedural aspects.

This panel will discuss the current status of nonconsensual third-party releases (Purdue, Aearo, Boy Scouts, LTL), good faith and financial distress, alternatives to nonconsensual releases, international comparisons, preservation and impact of insurance, and case administration issues that include obtaining consent, conflicts among claimants represented by a single firm, and preservation of a claimant’s “day in court.”

Determining the valuation of a startup poses unique challenges, as typical valuation methodologies, such as analyzing comparable companies, precedent transactions and discounted cash flow analyses, cannot be applied with the same degree of confidence to a company that is lacking an established track record. This panel will examine these challenges and provide insights into valuing a startup from financial, legal and judicial perspectives.

This panel will discuss situations in which valuation is particularly challenging based on the type of asset, the absence of market or comparable valuation data, limitations on available information for the valuation, and other constraints. We will cover the valuation of intellectual property assets, financial assets (including royalties and other revenue streams), digital and electronic assets (including virtual currency, software code, social media assets and platforms), and privately held equity interests, among other asset categories in different sectors, such as emerging restructuring sectors like life sciences. We will also discuss valuation contexts (transaction diligence and structuring, financing and M&A transaction consummation, and distressed situations and insolvency proceedings), focusing on both the practical challenges and evidentiary support for valuation determinations in those contexts. We also will provide examples of situations in which challenging valuations have served as keystones to transactional successes.

This session will provide an overview of recent cross-border and international decisions interpreting the UNCITRAL Model Law as incorporated in local bankruptcy and insolvency laws, as well as considerations of jurisdictional boundaries and comity principles applied to the recognition of foreign plans and claims processes.