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Crypto Is Coming; Is Bankruptcy Ready?

This panel will explore the ins and out of blockchain, related cryptocurrency marketing concepts including mining, Ethereum, DeFi, DAOs and stablecoins, current regulatory issues involving cryptocurrency, how cryptocurrency has made its way into the bankruptcy arena so far, and how bankruptcy practitioners can prepare for crypto-related bankruptcy issues in the future.
1 hour 36 minutes 43 seconds

Ethics

ABI will team up with IWIRC for an exciting and interactive discussion of real-world ethical dilemmas arising in bankruptcy practice, including while working from home. Play along with our panel of lawyers and judges as they discuss the “3 Cs” — confidentiality, communication and competence — along with information hygiene, duty to supervise, remote depositions and trials, judicial ethics, and much, much more!

So, You Think You’re an Expert on Evidentiary Issues?

Think you can cross-examine the opposing expert on her/his opinions that have been rejected or criticized in the past? Not so fast. What’s the appropriate premise of value? How many feet from the deathbed does the debtor have to be to adopt a liquidation premise? Does satisfaction of a contractual obligation conclusively establish reasonably equivalent value? Must you also avoid the obligation? What are the ways to establish compliance with industry standards under § 547(c)(2)? Will a fact witness suffice? What do you do when the opposing expert (or your own!) offers an opinion that’s not disclosed in the expert’s report? This panel of experts, litigators and a retiring judge will tackle these common-but-complex evidentiary issues.

ABI-Live: Bankruptcy Filing Trends for the First Half of 2022, and What Lies Ahead

Survey the landscape of filing trends through the first half of 2022 (Jan. 1-June 30), and gain an informed statistical perspective of what could happen next in bankruptcy, with this panel of key experts, who will be utilizing data provided by Epiq Bankruptcy Analytics.
1 hour 1 minutes 57 seconds

Revisiting Bad-Faith Filings: Exiting Chapter 11

This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.
1 hour 17 minutes 12 seconds

Corporate Governance in Distressed Situations, Including the Role of Sponsors and Senior Management

This panel will address issues related to corporate governance in distressed situations. The discussion will include the interplay between corporate governance and sponsor action, considerations regarding independent directors, and the ongoing debate on the role of employee compensation plans in bankruptcy.
1 hour 13 minutes 13 seconds

Impacts of the Global Pandemic on Valuation: “An Invitation for a Fight”

As bankruptcy became a reality for many companies during the pandemic, valuation became a key question. In September 2020, Bloomberg commented, “Pinning a dollar value on a bankrupt enterprise is hard in the best of times. During a pandemic, it’s an invitation for a fight.” This session will discuss approaches to valuation in periods of volatility and business disruption, and how courts have dealt with the ensuing disputes.
1 hour 16 minutes 2 seconds