Business

The panelists will discuss COVID-related business bankruptcy issues, including rent issues in commercial leases, § 365(d)(3) issues, force majeure clauses, and lease assumption and rejection issues after COVID.

Up-tier exchanges, covenant-stripping and removal of collateral from secured lenders' reach have been in vogue for some time, going back to the Marblegate district court opinion and its reversal on appeal. The immense number of capital-chasing deals that have occurred since have continued this trend, and that obviously affects valuation, especially in litigated cases. This panel will explore the key issues involved, and how valuation plays a role in how disputes are resolved.

This panel will compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

What do attorneys and other professionals need to know when preparing chapter 11 liquidation plans? This panel will discuss selecting a trust, LLC, plan administrator or other vehicle; ensuring that affirmative claims are preserved post-confirmation; searching for unencumbered assets; negotiating carve-outs; establishing a value/tax basis in litigation claims and other assets transferred to a trust or LLC; key plan provisions such as preserving 2004 discovery rights, creditor oversight, continuing court oversight, required reporting and retention/transfer of attorney/client privilege; trading of interests; provisions for closing the case; and structured dismissals following asset sales as an alternative to a liquidating plan.

Before the DIP-financing or cash-collateral negotiation begins, there are a number of ways you can help your cash-strapped debtor raise cash. This session will share valuable tips for what you can do before reaching out to your client's lender, and how you can help fund a debtor from the first call until a sale or plan confirmation.

Covering a wide array of bankruptcy litigation matters, this session will focus on issues relating to stay relief, discharge litigation, and post-discharge injunction matters. Evidentiary considerations and standards for relief will be highlighted, along with case law developments and practice tips from the experienced panelists.

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

This panel will focus on current M&A activity in the health care industry and where the opportunities lie, including in startups and other technology.

Opioid, sexual abuse and asbestos cases have been all over the news in the last few years. This panel of experts will discuss and analyze the complex issues involved in mass tort chapter 11 cases today, including current issues involving future claims, nonconsensual releases and plan-confirmation issues.

Do you know the answers to the hottest ethics issues of the day? Do the experts? Are there actually answers? Audience members will match wits with a panel of ethics experts to see who knows up-to-the-minute ethical issues best! In this fun interactive session, the audience and the experts will try to determine the best answers to cutting-edge ethics questions from the bankruptcy world and beyond. The hot topics and questions will be known only to our Masters of Ceremonies, Tom Horan and Michael P. Richman (who will roam the audience with microphones), and will not be known to our audience or expert panelists Prof. Nancy Rapoport and Claire Wu until they play the game. Come enjoy, participate and learn!