Business

This session will walk attendees through various cybersecurity issues, focusing on the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data-privacy event occurs.

This interactive discussion will identify and discuss the issues that attorneys who practice in the insolvency area should comprehend and consider in the complicated interactions between director and officer liability insurance and bankruptcy law. The discussion will also include a review of recent decisions that have an impact in this developing area. The panelists will address the pitfalls and challenges in realizing value on D&O policies; effective approaches for challenging them, including how to interpret policies, what to look for in the policies, and strategies and solutions that address policy exclusions; unique bankruptcy issues; and differences among cases involving trustees and debtors in possession. Audience questions will be solicited in advance.

This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.

This panel explores the realities, misconceptions and interpretations of the “business case” vs. the “values case” for diversity, equity and inclusion (DEI) in this interactive session. The panelists highlight the gaps created when the business case for DEI is prioritized over values and organizational culture, and examine metrics that can measure and evaluate the progress of values around DEI.

The experts on this panel will show you how to get the best valuation evidence before the courts, and will discuss how volatile COVID-19 conditions have impacted their valuation opinions.

Domestic asset-protection trusts are now available in 20 states. This panel will introduce the concept of domestic asset-protection trusts and discuss their treatment in and out of bankruptcy.

This panel will take a look at the current state of the law related to equitable mootness, equitable subordination and other equitable doctrines.