Business

This panel examines key issues related to the treatment of merchant cash advance loans in bankruptcy proceedings.Learning Objectives:Attendees will understand the structure of merchant cash advance (MCA) agreements and the circumstances inwhich they may be treated as loans in bankruptcy proceedings.Attendees will examine potential claims and defenses involving MCA finance companies, includingrecharacterization and avoidance theories.Attendees will analyze the treatment of MCA claims in bankruptcy cases, including issues of priority, enforceability, and evolving case law.

This panel provides an overview of the history of monetization of creative libraries, recent transactions, impact of AI, streaming, and other factors regarding copyright and valuation methodology. Additionally, the panelists provide an introduction into music licensing, specifically who owns each type of copyright and when each type of license is needed; a brief history of selling copyrights, from securitizing (Bowie Bonds) more recent catalog sales, including the recent $1 billion partnership between The Weeknd and Lyric Capital; and a general discussion of how catalog sales are valued.Learning Objectives:Attendees will understand the evolution of music and performance rights monetization, including key historical developments from early copyright structures to securitization and modern catalog sales.Attendees will identify the different types of music copyrights and licenses, including ownership distinctions and when specific licenses are required in practice.Attendees will analyze current valuation methodologies for music catalogs, including the impact of streaming, artificial intelligence, and recent high-profile transactions on pricing and deal structure.

This session provides an in-depth discussion on discovery in bankruptcy proceedings, including strategies and best practices for creating an admissible Rule 2004 record.Learning Objectives:Attendees will evaluate key litigation strategies and procedural considerations that arise throughout the lifecycle of a civil dispute, from case assessment through resolution.Attendees will identify effective techniques for developing factual records, managing discovery, and presenting persuasive legal arguments in both written and oral advocacy.Attendees will apply practical lessons from litigation scenarios to improve case management, client counseling, negotiation, and courtroom decision-making.

Third-party releases remain one of the most heavily litigated and closely scrutinized issues in bankruptcy practice. This panel examines recent developments shaping the scope and availability of releases for direct and derivative claims against nondebtors, including the evolving legal landscape following recent court decisions. The panelists discuss practical strategies for obtaining approval of third-party releases, alternative deal structures when releases may not be available, and approaches to minimizing liability exposure while maximizing value and recoveries for creditors across a variety of restructuring and liquidation scenarios.Learning Objectives:Attendees will identify the current legal standards governing the scope and availability of third-party releases for direct and derivative claims against non-debtors, including recent court decisions reshaping this area.Attendees will evaluate alternative deal structures and practical strategies for obtaining approval of third-party releases in restructuring and liquidation matters.Attendees will assess approaches for minimizing liability exposure for non-debtor parties while maximizing value and recoveries for creditors.

Subchapter V was supposed to make reorganization simpler, but plan confirmation often remains a complex part of these small chapter 11 cases. This panel addresses some of the key pressure points: plan feasibility, balloting, acceptance and consensuality, post-confirmation stay issues, post-confirmation true-ups, and post-confirmation trustee roles (including payment of trustee fees). These issues can make or break a small business debtor's path to emergence.Learning Objectives:Attendees will identify the key pressure points in Subchapter V plan confirmation, including plan feasibility, balloting, and acceptance and consensuality requirements.Attendees will evaluate strategies for navigating post-confirmation issues, including stay considerations, post-confirmation true-ups, and the role of the Subchapter V trustee (including payment of trustee fees).Attendees will apply practical approaches to guiding small business debtors through the plan confirmation process toward successful emergence.

The private credit market has grown past $2.1 trillion and continues to expand rapidly, but early signs of stress are emerging. With defaults expected to rise and underwriting potentially loosening, this panel examines key risks, sector trends, and the likelihood of increased restructuring activity over the next 12–24 months.Learning Objectives:Attendees will understand current trends and developments within the rapidly growing private credit market.Attendees will identify indicators of financial stress, increased defaults and potential underwriting concerns affecting private credit portfolios.Attendees will evaluate how emerging market conditions may influence restructuring activity and bankruptcy practice over the next several years.

Over the last few years, private equity has made substantial investments in the healthcare industry, and many of those investments have experienced liquidity and operational challenges — with resulting restructuring and bankruptcy activity. This panel considers how the structure, timeline and credit arrangements accompanying private-equity investment in this sector have affected the initiation and resolution of these restructurings and bankruptcies.Learning Objectives:Attendees will identify how private equity investment structures, timelines, and credit arrangements have contributed to liquidity and operational challenges in the healthcare sector.Attendees will analyze how these private equity-driven structures have influenced the initiation and trajectory of restructurings and bankruptcies in healthcare.Attendees will evaluate strategies for addressing the unique challenges of restructuring or resolving distressed, PE-backed healthcare investments.

With more than half of civil cases in many courts involving at least one self-represented party, pro se appearances are now the norm rather than the exception. This panel examines how to navigate these cases effectively — balancing efficiency with fairness, preserving due process, and avoiding the pitfalls of lay practice while ensuring that all parties are heard.Learning Objectives:Attendees will identify the unique procedural and practical challenges presented by self-represented litigants in bankruptcy and other civil proceedings.Attendees will analyze strategies for balancing judicial efficiency, fairness and due process when managing cases involving pro se parties.Attendees will apply best practices for communicating with self-represented litigants, addressing lay-practice issues and maintaining the integrity of the judicial process while ensuring all parties are heard.

This session will cover adequate protection, non-pro rata roll-ups, equitizing DIPs and more. The panelists will discuss the latest and most crucial DIP-financing issues, the matters most frequently litigated, and their effects on mega-chapter 11 bankruptcy cases.Learning ObjectivesAttendees will understand recent developments in DIP financing, including adequate protection, non-pro rata roll-ups, and equitizing DIP structures.Attendees will examine key issues most frequently litigated in large Chapter 11 cases, including contested DIP terms and structuring disputes.Attendees will analyze emerging trends in DIP financing and their impact on case strategy in mega Chapter 11 proceedings.

This panel will discuss the benefits and risks of using AI for valuation, the applicability of certain AI tools to class action lawsuits, and the legal aspects of using AI in the context of bankruptcy and valuation.Learning Objectives:Attendees will analyze the benefits and limitations of using artificial intelligence tools in the valuation of companies, including impacts on accuracy, efficiency, and transparency.Attendees will evaluate the legal and evidentiary considerations associated with the use of AI-generated outputs in bankruptcy proceedings and class action litigation contexts.Attendees will assess emerging risks, including bias, reliability, and defensibility concerns, in the application of AI-driven valuation methodologies.