No CLE

This panel will discuss (a) the strained relationship between the international parent and the subsidiary (including the fact that foreign operations were in different silos — i.e., there was no single C-suite per se); (b) the impact of the independent directors and the company's corporate governance best practices; (c) the international M&A process; (d) the unique (i.e., really unheard of) claims-trading activity that took place; and (e) the importance of timing (including a very difficult audit environment in the midst of an investigation).

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.

What Effect Will Trade Wars Have on Industries and Restructurings? by INSOL International

This panel will discuss issues that have arisen in recent cases regarding adequate protection, including the right and wisdom of current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets, including assets used in commodity businesses where value can be cyclical.

This panel will explore the reasons why the U.S. is so frequently selected by foreign debtors and will focus on jurisdictional issues, the extent of the automatic stay and the ability to bind non-U.S. creditors. The panelists will examine such recent cases as Abengoa, CHC Group and foreign shipping companies.

This panel will examine the factors considered by debtors and their advisors when determining where to file a large chapter 11 business case, and the occasional efforts to have the case transferred to a venue that is arguably more convenient to creditors, employees and/or shareholders. The panel will also discuss the pending legislation known as the Bankruptcy Venue Reform Act of 2018 (S. 2282) — as well as the arguments both supporting and opposing its passage.

This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.

This panel will examine splits among the circuits on bankruptcy and bankruptcy-related issues, and will discuss whether the U.S. Supreme Court has granted or will grant certiorari on applications seeking resolution of these circuit splits.

This session offers a valuable-yet-fun look at §523 through a mock adversary trial. Conducted by some of the most experienced bankruptcy litigators in the country, this event will most definitely help sharpen your trial skills.

This panel focuses on the duties professionals have to protect electronically stored client information, best practices, ethical obligations and business considerations.