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AI and Bankruptcy: Navigating the Unknown

This panel covers the intersection of artificial intelligence (AI) with bankruptcy, intellectual property law and secured transactions law. The panelists explore several questions that current law does not address or insufficiently addresses, such as: Who owns inventions created by AI? Do inventions created by the AI owned by a debtor company become property of a debtor company’s bankruptcy estate? Can a creditor obtain a security interest and perfect a security interest in the things AI creates? Should the UCC, intellectual property law and bankruptcy law be amended to address the new world of AI? How are the new White House administration and Congress addressing these issues?
1 hour 4 minutes 52 seconds

Alternatives to Bankruptcy, Cannabis Issues and Cross-Border Insolvency

Do you know your ABCs? Who’s that receiver? What do you do if there is THC involved? When bankruptcy isn’t the answer (or even when it is), this panel will discuss some alternatives to employ in unique situations.
1 hour 16 minutes 27 seconds

Appellate Practice for the Rest of Us

In our adversarial system, about half of us will disagree with the judge’s ruling. Yet statistically speaking, only a couple of bankruptcy-related cases reach the Supreme Court in any given term. This panel focuses on the first level of appeals to district courts or bankruptcy appellate panels, including whether the party has standing, whether the appeal is ripe and/or interlocutory, and the hot-button issue of mootness. The panelists take a practical approach to addressing the many traps for the unwary so that all of us will feel more confident in filing — or receiving a notice of — an appeal in one of our cases.
1 hour 1 minutes 2 seconds

Attorney/Client Privilege: Ethics Has No Borders

This panel discusses idiosyncrasies and potential ethical traps of the attorney/client privilege laws in the Caymans and the U.S., and when those laws apply, even in recognition and other cross-border matters.

Auction Theory

This session is designed to equip bankruptcy professionals with a foundational understanding of auction theory, enabling them to navigate asset sales more strategically and effectively. By exploring different auction formats, bidder behavior and key economic principles, participants gain insights into how auction structures impact outcomes in bankruptcy cases. The ultimate goal is to empower professionals to make informed decisions when advising clients, structuring auctions, and maximizing value for creditors. Through real-world applications and interactive discussions, the panelists aim to bridge the gap between legal practice and auction strategy, ensuring more transparent, competitive and efficient asset sales in bankruptcy proceedings.
1 hour 3 minutes 43 seconds

Avoidance Actions Update

This panel will present an overview of the statutory groundwork for, methodology for pursuing, and latest case law on avoidance action claims, including the impact of Purdue Pharma on the sale of these claims.

BAPCPA Turns 20

In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh).  Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions.  But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.
1 hour 1 minutes 53 seconds