California State Approved Sessions

What privileges and confidentiality can be asserted in bankruptcy litigation (e.g., attorney/client, common interest, mediation, etc.), and how do you invoke and preserve these various privileges/confidentialities? This session will identify these issues and address the ethical and legal implications if they they aren’t properly preserved.

David Wasserman is the U.S. House editor and senior election analyst for the nonpartisan newsletter The Cook Political Report with Amy Walter and a contributor to NBC News. The New York Times called The Cook Political Report with Amy Walter “a newsletter that both parties regard as authoritative.” In this mid-term election year, he will provide his predictions and analysis of the current political environment. Mr. Wasserman analyzes the current political environment in lively and entertaining presentations. His data-driven forecasting looks at both national and local trends, the relationship between consumer brand loyalty and voting, and what the future holds for American elections.

This panel will take a look at the current state of the law related to equitable mootness, equitable subordination and other equitable doctrines.

Sponsored by the Commercial and Regulatory Law Committees Our panel of experts will discuss strategies for effectively working with State Attorney General Offices to resolve hot-button commercial bankruptcy issues.

This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed.

Sponsored by Squire Patton Boggs From the pandemic to Europe’s largest military conflict since World War II, it seems the world is moving from one extraordinary period to another. The conflict in Europe has generated a maze of rapid legal, political and economic responses from authorities around the globe. Those actions are rippling through capital, markets and boardrooms as businesses grapple with how to respond. Join ABI and a panel of experts to discuss where we are headed and what businesses should consider.

Hosted by the ABI's Asset Sales Committee The panel will discuss potential pitfalls to avoid when navigating the bidding process, the auction and the sale. The panelists will provide practical, real-world advice based on sales they have been involved in, and will discuss § 363 sales and other distressed sales.

Kirkland & Ellis LLP's Josh Sussberg will join Jessica Steinhagen and Ian Howland of Reorg's First Day team to provide an overview of 2021 chapter 11 filings data and trends, moderated by ABI Public Affairs Officer John Hartgen. They will also provide industry-level insights across various sectors and highlight key takeaways. Following 2020, the busiest year for chapter 11s on First Day record, 2021 was the slowest and is the first in at least six years to record fewer than 300 cases, with 275. All sectors recorded a drop in filings except for real estate and utilities. Real estate matched 2020’s total exactly, and utilities were up 57% because of Winter Storm Uri’s impact on power-producers in Texas. 2021 included five real estate chapter 11s with more than $1 billion in debt; the sector led all others with respect to filings.

Sponsored by ABI's Real Estate Committee The hospitality sector is unique as even before the fundamentals of bankruptcy restructuring come into play, practitioners must first focus on the basic blocking and tackling of the legal of issues that are unique to the hotel business. Examples include brand flag licensing agreements, hotel management agreements, Property Improvement Plans (PIP), and more. This program will focus on these issues to prepare attorneys, financial advisors, and other professionals for future restructuring assignments.

This panel will discuss the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies.