California State Approved Sessions

This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs).

This panel will discuss the current and post-pandemic view of the impact of mandatory vaccinations on post-acute care, including the relaxation of the three-day rule on quality of staffing, bracing for changes in the future of infection control, the effects of cost structures from PPE expenditures, the movement toward home health care, visitation limitations and their psychological effects on patients, patient care ombudsmen and their usefulness, the impact of COVID-19 on private equity and varying facets of post-acute care, and insolvency and exit strategies for health care providers.

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.

The goal of diversity, equity and inclusion (DEI) has been a frequent point of discussion over the last few years, including at last year’s conference. This panel will focus on how DEI is now being implemented in the legal world generally and in the insolvency space specifically. The panelists also will discuss how they have integrated DEI talking points into their daily practice.

This interactive discussion will identify and discuss the issues that attorneys who practice in the insolvency area should comprehend and consider in the complicated interactions between director and officer liability insurance and bankruptcy law. The discussion will also include a review of recent decisions that have an impact in this developing area. The panelists will address the pitfalls and challenges in realizing value on D&O policies; effective approaches for challenging them, including how to interpret policies, what to look for in the policies, and strategies and solutions that address policy exclusions; unique bankruptcy issues; and differences among cases involving trustees and debtors in possession. Audience questions will be solicited in advance.

The senior living sector, already stressed prior to the pandemic, has been upended by COVID-19. This panel will discuss the effects that COVID-19 has had on operational and financial performance, business models past and future, and the real estate valuations of senior living facilities. The panel will also identify what in-court and out-of-court alternatives exist, and will highlight adaptive reuse opportunities for owners and operators of these facilities. Participants will learn about the operational and financial ramifications that COVID-19 has wrought on senior living facilities, the various in-court and out-of-court alternatives available to restructure these facilities, and trends in senior living business models. The panelists also will explore various alternative financing options available for distressed businesses, including sale-leaseback and bridge financing, as well as potential adaptive reuse issues and alternatives for facilities that close.

This session will walk attendees through various cybersecurity issues, focusing on the implications for and obligations of attorneys representing companies in chapter 11 when a security incident/data-privacy event occurs.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits and hot topics on important bankruptcy issues. Back again from the Winter Leadership Conference, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the Supreme Court.

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors? Apart from collateral battles, this panel will explore the types of securities or other considerations that some plans have distributed to the class junior to the fulcrum security in acknowledgment of the potential asset appreciation not fully realized at the time of plan negotiation, as well as the ABI Commission’s recommendation to implement a “Redemption Option Value” — and the challenges that such structures pose.

This panel of board-certified judges will break down some of the most interesting, shocking and sometimes amusing ethical missteps taken by members of the federal bar.