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This panel takes a look at PPP forgiveness issues, the PPP’s effects on M&A transactions and bankruptcy cases, and what comes next.

States across the country have enacted so-called “reviver” statutes, allowing otherwise time-barred claims for childhood sexual abuse to proceed. History has shown that bankruptcy filings by targeted institutions are a natural byproduct of reviver statutes and laws tolling the applicable statutes of limitations for sexual abuse claims. Indeed, an increasing number of bankruptcies have been filed in the wake of reviver statutes and new waves of sexual abuse claims. This panel will discuss issues that arise at the crossroads of sexual abuse claims and chapter 11, including the tension caused by using a financial reorganization tool to resolve highly emotional personal-injury claims, the stresses that cases of this ilk place on the Bankruptcy Code (including the uniqueness of claims bar dates in cases of this sort, nonprofit debtors and the absolute priority rule, and the propriety of third-party releases), and the use of mediation to globally resolve these cases.

Since the enactment of the Small Business Reorganization Act of 2019 (H.R. 3311, “SBRA”), which took effect on Feb. 19, 2020, bankruptcy courts and practitioners have had opportunities to address a number of novel issues, interpreting and applying what are essentially brand-new Bankruptcy Code statutes. In this panel, we will discuss some of the key SBRA areas that bankruptcy courts across the U.S. are addressing, as well as the novel issues that practitioners are navigating.

The panelists will discuss the recent reemergence of SPACs and will elaborate on the public policy and restructuring implications associated with them. This discussion of creative financing structures will focus on financing in a distressed environment, including three mini-case studies and emerging issues in litigation financing.

This panel will discuss the various standing doctrines that apply in federal and bankruptcy courts, including constitutional (Article III) standing, prudential standing, statutory standing (“party-in-interest” status) and derivative standing, and will cover issues that arise both in chapter 11 cases and the consumer arena.

Retail was in the midst of a fundamental shift before the pandemic.  COVID-19 forced retailers to innovate or closes their doors forever.  This panel will discuss bankruptcy case and code developments during the pandemic, but we will also discuss the extent to which we believe the pandemic accelerated retail trends that were already underway or whether the changes reflect true evolution in the retail space.  This panel will ask the audience to share what they are seeing in retail near home, with a hope of gathering a current perspective on retail innovation and survival. 

Hosted by ABI's Commercial Fraud and Young and New Member Committee Hear tips and real-life stories from industry experts on how best to pursue a career path in commercial fraud and fraud litigation. *CLE isn’t available in VA.

First Day by Reorg Midyear Review: 2020 Bankruptcy Boom Subsides; 2021 Real Estate, Hotel Chapter 11s Peak In a presentation moderated by ABI Editor-at-Large Bill Rochelle, the First Day by Reorg Research, Inc. team will provide an overview of its midyear review, detailing chapter 11 filings data and trends during the first half 2021. They will provide industry-level insights across various sectors and highlight key takeaways. Background to the First Day by Reorg Midyear Review 2021 Coming off a record-setting year of chapter 11 filings in 2020 as the COVID-19 pandemic swept the globe and impacted multiple industries, the first half of 2021 trended well below historical averages, with a low point in May. Compared to the busiest second and third quarters of 2020, when consumer discretionary sector cases and, in particular, brick-and-mortar-heavy companies were filing with unprecedented frequency, 2021’s H1’s consumer discretionary chapter 11 cases dropped by almost half. Real estate was the only industry to see an increase in chapter 11 filings, as compared with both H1 2020 and H2 2020, as hotels and commercial real estate struggled.

Every business has an obligation to protect and secure confidential information that it may receive from employees, customers, or clients. For lawyers and law firms, this duty is heightened to an ethical obligation to clients. Remote work environments, which are likely to continue post COVID-19, place additional strains on businesses to ensure that appropriate technology and practices are in place to reasonably protect data. This panel will discuss these ethical obligations generally and will provide practical best practices advice on how to continue to adapt and comply while working in a remote environment. The “new norm” extends the boundaries of the work environment which lawyers and law firms will need to continue to assess, invest in and harden appropriately to protect data accordingly. Sponsored by Freeborn & Peters LLP

This panel discussion will delve into a plethora of ethical issues pulled from today’s headlines, including litigation funding, professional compensation, protection and use of material nonpublic information, “connections,” Alix v. McKinsey litigation, and issues created by the pandemic and our remote-work environment.