No CLE

On direct appeal, the Third Circuit on Jan. 30 reversed the bankruptcy court and directed the dismissal of the petition that had been filed by LTL Management LLC, the subsidiary of Johnson & Johnson created to file in chapter 11 to deal with talc and asbestos claims arising from the sale of Johnson’s Baby Powder. Although Circuit Judge Thomas Ambro pointedly declined to rule on whether LTL improperly used chapter 11 as a “litigation tactic,” what are the legal steps J&J can take to settle roughly 40,000 cancer lawsuits concerning its talc-based products? A panel of top academics will examine the decision and the issues surrounding J&J's case, and will discuss what could happen with the case moving forward.

The first half of 2022 set a First Day record for fewest chapter 11 filings over any calendar six-month period, but chapter 11s picked up in the second half of the year, with Q4 concluding as the year’s busiest quarter and December closing out as the year's busiest month. Ignoring real estate cases, which peaked in 2021, the frequency of chapter 11 cases fell by only 1% in 2022. Despite the waning of COVID-19, companies continue to cite the pandemic as at least part of the reason for their bankruptcy filings. However, during 2022 the cause of many chapter 11 filings moved away from pandemic factors, such as work stoppages and lower demand, to supply-side macroeconomic factors, including supply chain issues, labor costs and inflation. Rising interest rates and the collapse of crypto are also becoming prominent reasons for bankruptcy filings.

Many bankrupt businesses need financial assistance to pay their administrative expenses and creditors and to help them survive bankruptcy. The employee retention credit (ERC) is one way to solve this problem. This session will cover the basics of the ERC program, how your clients can qualify for and benefit from the ERC, and some common ERC pitfalls to avoid. The presentation will include a Q&A period.

Hosted by the American Bankruptcy Institute Silicon Valley Bank (SVB) failed on March 10 following a run on its deposits, representing the second-largest bank failure in U.S. history behind the 2008 failure of Washington Mutual. Prior to its collapse, the Santa Clara, Calif.-based SVB was the 16th-largest bank in the U.S. and was the largest bank by deposits in Silicon Valley. While federal and state authorities worked quickly to stem the financial fallout from the bank's failure, Signature Bank also failed on March 10 after a similar run on its deposits with investors spooked by SVB's collapse. Questions continue to swirl about the financial standing of regional banks and the banking system. What factors led to SVB's collapse? Has the financial fallout from its failure been contained? What is the path going forward for the banks and their creditors? Don't miss this panel of experts discussing these topics and more during a special abiLIVE webinar!

ABI's Financial Advisors and Investment Banking and International Committees. International and cross-border disputes often involve collections issues and venue considerations. This panel of experts in cross-border and international litigation will share their professional experiences and insights on how best to approach these types of claims, and ways to collect on them.

Hosted by ABI's Asset Sales Committee To kick off the nomination period for the ABI Asset Sales Committee’s 2022 Asset Sale of the Year Award, the recipients of last year’s award will discuss the sale of Lighthouse Resources’ real property assets in Wyoming. Hear how the Lighthouse management team and professionals structured the sale process to navigate a number of obstacles to sell the real property necessary to confirm a chapter 11 plan that provided for the reclamation of coal mines, as well as recoveries for secured and unsecured creditors.

Hosted by ABI's Bankruptcy Litigation Committee The panelists will discuss the pros and cons of seeking the appointment of a Chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.

Hosted by ABI's Consumer Bankruptcy Committee One of the fundamental objectives to consumer bankruptcy is the idea of a fresh start – but when should that fresh start begin? In this webinar, we will ask the simple question: who gets the benefits when a property appreciates during the course of a reorganization? The answer to this question may surprise you. Join a distinguished panel from the bar, academia, and the bench in this webinar to unpack the complex debate surrounding this seemingly simple but multifaceted question.

Hosted by ABI's Health Care Committee Are you eager to delve into how analysts use data to understand opportunities and risks in the health care sector, and why some players might be winning or losing in this dynamic environment? Look no further! This webinar will educate you on the essential key indicators, metrics and information required to comprehensively evaluate risk and uncover opportunities across the health care sector. You will learn how data-driven insights empower decision-making, and how this can help you when advising clients. The panelists also will explore the outlooks for key health care subsectors over the next approximately 18 months, providing you with the latest trends and predictions to help you stay ahead in this rapidly evolving landscape. Lastly, this webinar will provide valuable insights into which players or categories of players are poised to succeed or face challenges in this environment. Understand the "why" behind their successes or distresses with real-life examples and case studies.

The Supreme Court on Aug. 10 granted an emergency application for a stay and granted certiorari in the case of Harrington v. Purdue Pharma L.P. The Court will consider whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent. The case is scheduled to be argued in the December 2023 argument session. Hear experts on both sides of the issue as they prognosticate on how the use of third-party releases may unfold before the Supreme Court.