Business

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.

Join us as we demystify bankruptcy in this primer for new lawyers and lawyers new to bankruptcy.

This panel will discuss challenges faced by bankruptcy practitioners in subchapter V cases, including unique eligibility issues, effects of conversions, subchapter V trustee powers and obligations, among other developing topics and recent case law updates. The panelists also will discuss the strategic differences and approaches to be considered by parties in interest in a subchapter V case.

This session is designed to help new and experienced attorneys develop and refine their contract and order drafting skills by examining common drafting conventions and best practices, discussing drafting issues that arise in bankruptcy practice, and sharing tips and strategies for correcting drafting mistakes.

This session will discuss issues with debtors who own or have fractional interests in LLCs, corporations or partnerships, or who are self-employed. The panelists will cover how to determine what constitutes property of the estate; valuing a debtor’s interest in an LLC, corporation or partnership; and administering a debtor's fractional interests.