Business

This session will cover a number of confirmation hot topics, including the allowance of unmatured interest (Hertz), makewhole provisions, private sponsor liability risk (In re ASHINC Corp.) and D&Os (Toys “R” Us litigation).

This session will provide a checklist of the topics to address with the management of a failing business in that first meeting with the client.

In modern practice, attorneys can hope for the best, but need to plan for the worst. Accidents and unforeseen circumstances can happen in the blink of an eye. Can your office still function if something does occur? This panel will discuss the various issues that attorneys may encounter, including cybersecurity, privacy protection, power outages, physical security compromises, mobile device loss, natural disasters, cloud-computing recovery, the continued management of remote workers and office tech.

In modern practice, attorneys can hope for the best, but need to plan for the worst. Accidents and unforeseen circumstances can happen in the blink of an eye. Can your office still function if something does occur? This panel will discuss the various issues that attorneys may encounter, including cybersecurity, privacy protection, power outages, physical security compromises, mobile device loss, natural disasters, cloud-computing recovery, the continued management of remote workers and office tech.

In modern practice, attorneys can hope for the best, but need to plan for the worst. Accidents and unforeseen circumstances can happen in the blink of an eye. Can your office still function if something does occur? This panel will discuss the various issues that attorneys may encounter, including cybersecurity, privacy protection, power outages, physical security compromises, mobile device loss, natural disasters, cloud-computing recovery, the continued management of remote workers and office tech.

This panel will address issues related to corporate governance in distressed situations. The discussion will include the interplay between corporate governance and sponsor action, considerations regarding independent directors, and the ongoing debate on the role of employee compensation plans in bankruptcy.

This session will cover the use of independent special committees/directors and will include a discussion on what independence entails, including extended family relationships/financial referral relationships, even if they are not formalized.

This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.

The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel will explore the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends.