California State Approved Sessions

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel will discuss the disposition of restructured equity, including § 1145 and other limitations and exemptions; selecting and managing post-restructured boards, and how to assemble a new board with a view toward maximizing value; issues attendant to the recruitment of pertinent and qualified directors; departures from rent-a-director; use of independent directors on a new board; granting of observer rights; perspectives of being a member of a well-run post-restructured board; shareholder voting and control considerations, including minority rights; incentivizing management through MIPs, KEIPs/KERPs and employment agreement considerations (e.g., CoC/severance); fostering long-term shareholder value; antitrust issues; and public vs. private emergence.

This panel will compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

Sponsored by American Bankruptcy Institute and INSOL International A distinguished panel of legal and business professionals from the U.S., Canada, U.K. and E.U. will explore the current state of the commercial and office markets, where the markets are headed, and creative strategies for both landlords and tenants to address the hardships posed by the pandemic. The relevant issues will be addressed across the panelists' varied jurisdictions.

Our Host will challenge the “deans” of bankruptcy and our esteemed contestants with riveting bankruptcy trivia.

This panel will discuss several key and unique issues that have arisen in a national sampling of retail chapter 11 cases, including the effects of the COVID-19 pandemic. The panelists will explore the cases’ varied results, the processes employed to reach each conclusion, and the issues that arose along the way. Specifically, topics include “GOB” sale processes, consignments, sales of intellectual property, § 503(b)(9) claims, cash collateral and DIP lending, landlord/tenant disputes, and certain case-specific nuances.

This panel will discuss the impact of the Consolidated Appropriations Act of 2021 on bankruptcy cases, the latest automatic stay cases, employment of professionals and fee applications, and § 363 sales in the Zoom era.

This panel will provide a consumer bankruptcy legal update on significant cases from 2020, and explore what's happened so far in 2021.

James Fama, former vice president of energy delivery for the Edison Electric Institute (EEI), will provide an overview of current issues in cybersecurity from a national perspective, as well as planning opportunities for businesses.

This panel features seasoned professionals discussing and demonstrating how to address and negotiate appropriate bid procedures and run an effective sales process. The panelists will discuss these issues in the presence of a judge through the presentation of a hypothetical sale that has more than its share of complicating factors. Sponsored by Perkins Coie LLP