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Corporate Governance in Distressed Situations

This panel will focus on different strategies sponsors are using to retain control (or at least put a stake through) the bankruptcy process. What are the risks to sponsors/litigation issues? The panelists will also discuss fiduciary duties, managing conflicts and retaining separate counsel, the interplay between corporate governance and aggressive sponsor action (e.g., selling or spinning/stripping-off assets), sponsor affiliates purchasing debt in the portfolio company’s capital structure, and 10b-5 compliance, as well as negotiating/litigating with a difficult board. This session also includes a discussion of issues that arise when dealing with a challenging board of directors, especially those where some or all directors have been appointed by a controlling shareholder.
1 hour 16 minutes 25 seconds

Counseling the Client During the Post-COVID Period

The panel will focus on counseling clients once we enter a post-COVID period, including when you should counsel your client to file, issues related to medical debts and tax refunds, and timing considerations.

COVID-19: Infecting Employment Issues in Bankruptcy

This panel will discuss the WARN Act, KERPs and KEIPs, vacation/sick time and the § 507(a)(4) cap, varying state laws on severance claims that are driving the locations of filings, and more.
1 hour 14 minutes 37 seconds

COVID’s Disruption of the Insolvency World

This panel will discuss the effects that the pandemic has had on both business and consumer bankruptcy filings, as well insolvency case work in general. The panelists will provide their insights on whether there will be permanent changes to bankruptcy and insolvency practice spurred by COVID-19. Sponsored by AlixPartners, LLP

Cross-Border Bankruptcy Issues

Presented in two parts, this panel will discuss European loan structure developments, including but not limited to a shift in European loan structures to U.S. debt instruments, how these credits will be restructured, whether the existing tools in Europe will work for bond-issuers, and more. Brexit’s impact on recognition proceedings, as well as COMI-shifting and jurisdiction issues, will also be covered.
1 hour 13 minutes 51 seconds

Cross-Border Rescue and Failure: Temas Candentes (Hot Topics)

This panel will discuss recent developments and decisions in international insolvency, including chapter 11 for non-U.S. companies, U.S. chapter 15 and offshore “soft touch” assistance.

Crossfire (2021 Bankruptcy Battleground West)

Back by popular demand! This panel is in the format of the classic current-events TV program “Crossfire” and will address “hot” and “interesting” bankruptcy issues that are not being addressed in the other sessions. Each topic discussed will have parties taking opposing positions (pro/con).
1 hour 22 minutes 55 seconds

Cryptocurrency and Blockchain: What Is It? How Does It Apply to Restructurings and Bankruptcy?

This panel of experts will discuss the basic terminology of blockchain and cryptocurrency; how various agencies of the U.S. government treat cryptocurrency, in particular the Internal Revenue Service, the Commodity Futures Trading Commission and the Securities and Exchange Commission; and bankruptcy/restructuring issues related to blockchain and cryptocurrency.
58 minutes 17 seconds

Curbside Restructurings: Distress in Restaurants and Retail

This panel will focus on the current crisis in the restaurant and retail sectors, looking at the financial, operational and regulatory impacts of the pandemic, landlord-tenant disputes and other restructuring challenges.

Current Issues Facing Creditors’ Committees

Creditors’ committees are integral to the success of chapter 11 cases. This panel will discuss what it takes to maximize results for unsecured creditors in today’s chapter 11 cases, including how to deal with the different interests of the creditors who sit on creditors’ committees.