California State Approved Sessions

Energy Megatrends create volatility in the energy market. In 2024, elections, various regional conflicts, concerns about climate change, and the feasibility and marketability of various forms of energy make the valuation of “energy” a potentially tenuous endeavor. This session provides a how-to guide for five-year business plans, capital-adequacy tests and cash-flow tests across the energy industry, and discusses how to meet the bar for stress-testing under Judge Shannon’s Kravitz v. Sampson Energy decision. Retail- Douglas E. Spelfogel Jonathan P. Goulding Surbhi Gupta Hon. Thomas M. Horan Commercial Real Estate- David Levy Navin Nagrani Specialty Health Care Providers/Pharma- Stuart Neiberg David Light Kelly E. Singer Sidney S. Welch Energy- Lorie R. Beers Kenneth J. Malek Matthew W. Moran

Heralded by many as the savior and Mr. Turnaround of public school systems in post-Katrina New Orleans, as well as in Chicago and Philadelphia, Paul Vallas achieved proven track records for boosting reading scores, STEM competency, grade-level proficiencies and graduation rates across a broad band of neighborhoods and demographics, not to mention balanced budgets, labor relations and unprecedented post-hurricane rebuilding challenges. Viewing our national education system as the Achilles heel of 21st century America, Vallas will preview his upcoming three papers being published by the Manhattan Institute that provide a national fix-it plan to build a foundation for literacy, job skills, community safety, economic mobility and American competitiveness. Come hear the architect of one of our country’s greatest turnaround stories as he discusses his work and what’s next.

This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.

This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.

This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.

This panel will discuss capital providers, sources of funds, life of structures, what happens with defaults (CLO, CMBS, Bank), and what makes for a successful recap without a par transaction/payoff.