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The Morning After OPEC Goes Broke

Various factors have combined to result in low crude oil prices that are not expected to rebound significantly and not to a point where OPEC countries will be able to cover their operating deficits. This panel will explore the issues facing the OPEC countries and discuss how these issues will impact the global economy and insolvency practice in the coming years.
48 minutes 36 seconds

The Most Important Bankruptcy Cases in the 40 Years of the U.S. Bankruptcy Code

Join experts from the Sixth Circuit and across the country as they debate which bankruptcy decision has been the most important since the U.S. Bankruptcy Code was adopted.
1 hour 29 minutes 38 seconds

The Next Big Wave in Health Care Restructurings

This panel of experts leave conference attendees with key takeaways that will help them know where to find their next opportunities. These experts highlight the financial and legal issues facing the distressed sectors of the industry that you need to know as you work through the restructuring issues facing these sectors.

The Party’s Over; Now, Who’s Cleaning Up?: The Post-Apocalyptic Landscape Following a § 363 Sale

The purchaser has bought all the assets, and management has a new boss. Who is left to clean up, and what are the tax, governance, potential claims against management and D&O implications that need to be addressed should the case convert? This session will address these issues and more.
55 minutes 16 seconds

The Ramifications of Covenant-Lite Structures

Borrowers have been using relaxed credit agreement and bond covenants to “strip” assets from the collateral/asset pools that lenders think secure them. Neiman Marcus, J.Crew, PetSmart and BC Partners are recent examples. By focusing on these examples, this panel will discuss the covenant-lite structure of today, what the documents really say, who benefits and who gets hurt, and who influences the structure and outcome.
55 minutes 24 seconds

The Role of a Patient Care Ombudsman in a Business Bankruptcy

This session will focus on the views of patient care ombudsmen (PCOs) on the quality-of-care issues they routinely confront in chapter 11 cases; how debtor, secured lender and committee professionals react to either support or suppress the findings made by health care experts; in-depth analysis of what constitutes the proper protocol to evaluate quality of care; the differences in the approaches made to the PCO role by a doctor, nurse and/or health care administrator; whether PCOs universally should be doctors, nurses or health care administrators and not lawyers posing as health care professionals; the obligations of PCOs to tell quality-of-care stories without concern for the potential economic impact on an exit strategy in the bankruptcy (i.e., sale, potential loss of license, etc.); the impact of transfer trauma on a change of control arising from a potential sale of the health care business; how the PCO is differentiated from a state long-term-care ombudsman, Medicare and Medicaid surveyors; and the PCO’s role as patient advocate in bankruptcy cases.
57 minutes 35 seconds

Third-Party Litigation Financing

This panel will discuss the use of third-party litigation financing in bankruptcy and in litigation and liquidation trust matters, and will address such issues as the different causes of actions and general characteristics of litigation considered, uses for funds and the general structure of financing, ethical issues concerning the funder relationship, and examples of successful uses of litigation financing — as well as things that can go wrong and how to avoid them.
1 hour 14 minutes 40 seconds

UNCITRAL Model Law

This session will examine the UNCITRAL Model Law recognition and enforcement of foreign insolvency-related judgments, and will update attendees on the current drafts related to enterprise groups and medium, small and micro-insolvencies.