California State Approved Sessions

Over the last few years, private equity has made substantial investments in the healthcare industry, and many of those investments have experienced liquidity and operational challenges — with resulting restructuring and bankruptcy activity. This panel considers how the structure, timeline and credit arrangements accompanying private-equity investment in this sector have affected the initiation and resolution of these restructurings and bankruptcies.Learning Objectives:Attendees will identify how private equity investment structures, timelines, and credit arrangements have contributed to liquidity and operational challenges in the healthcare sector.Attendees will analyze how these private equity-driven structures have influenced the initiation and trajectory of restructurings and bankruptcies in healthcare.Attendees will evaluate strategies for addressing the unique challenges of restructuring or resolving distressed, PE-backed healthcare investments.

Subchapter V was supposed to make reorganization simpler, but plan confirmation often remains a complex part of these small chapter 11 cases. This panel addresses some of the key pressure points: plan feasibility, balloting, acceptance and consensuality, post-confirmation stay issues, post-confirmation true-ups, and post-confirmation trustee roles (including payment of trustee fees). These issues can make or break a small business debtor's path to emergence.Learning Objectives:Attendees will identify the key pressure points in Subchapter V plan confirmation, including plan feasibility, balloting, and acceptance and consensuality requirements.Attendees will evaluate strategies for navigating post-confirmation issues, including stay considerations, post-confirmation true-ups, and the role of the Subchapter V trustee (including payment of trustee fees).Attendees will apply practical approaches to guiding small business debtors through the plan confirmation process toward successful emergence.

This panel explores recent trends in high profile fraud-driven bankruptcies and the impact on the various constituencies involved; provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context, including the types of claims and potential defenses commonly at issue in fraud cases; and provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.Learning Objectives:Attendees will identify recent trends in high-profile fraud-driven bankruptcies and their impact on various constituencies involved in the case.Attendees will recognize common types of fraud claims and potential defenses that arise in the bankruptcy context.Attendees will apply practical strategies for identifying, addressing, and litigating fraud-related issues in bankruptcy proceedings.

This panel discusses issues related to preparing for the bankruptcy filing and “first-day” issues, including creditor-on-creditor issues, operational issues, liability management issues (LMEs), Restructuring Support Agreements (RSAs), DIP-financing disputes and other recent developments related to first-day filings.Learning ObjectivesAttendees will recognize key pre-filing considerations, including creditor-on-creditor dynamics and operational issues that shape a debtor's strategy going into bankruptcy.Attendees will assess the use of liability management exercises and restructuring support agreements in structuring a case before and at filing.Attendees will examine recent developments in DIP financing disputes and other first-day issues affecting the early stages of a bankruptcy case.

This panel examines the status of the USMCA review process, its effect on trade and investment, and the implications for dispute resolutions under the USMCA and bankruptcy and restructuring risk across the Americas. The discussion explores the evolving U.S.-Mexico relationship from economic, political and restructuring perspectives, including trade policy, tariffs, regulatory uncertainty, supply-chain shifts and broader geopolitical considerations. The panelists discuss potential outcomes of the USMCA review and what they could mean for companies and investors operating across North America, including the potential impact on investment decisions, business strategy and restructuring risk.Learning ObjectivesSummarize the key trade policy and USMCA-related developments currently affecting restructuring risk for companies operating in the Americas.Assess how tariffs, supply chain shifts, and regulatory uncertainty under USMCA impact credit quality and increase the likelihood of financial distress in trade-sensitive sectors.Formulate strategies for assessing and managing restructuring risk arising from trade and USMCA-related disruptions when advising clients with cross-border operations in the Americas.

Chapter 15 bankruptcy cases are designed to deal with cases of cross-border insolvency offering recognition of a foreign proceeding and other relief to a foreign representative. The Bankruptcy Court’s recognition of a foreign proceeding provides powerful tools making Chapter 15 an important cross-border insolvency strategy. There are certain pre-filing considerations, however, that must be taken into account in order to obtain Chapter 15 recognition. This panel will discuss the requirements for the petitioning debtor to obtain Chapter 15 recognition, including an in-depth look at the pre-filing issues related to the debtor’s “center of main interests” (COMI) for foreign main proceedings and foreign nonmain proceedings including recent case law developments.

This panel discusses hot topics and recent developments related to confirmation issues, including third-party releases, plan issues and lender priority battles.Learning ObjectivesAttendees will understand the current legal landscape governing third-party releases in plan confirmation, including recent case law developments.Attendees will identify common plan confirmation issues and challenges, including feasibility, classification, and cramdown disputes.Attendees will recognize emerging trends in lender priority disputes and develop strategies for navigating intercreditor conflicts in the confirmation process.

This panel covers pending pertinent U.S. Supreme Court and appellate cases, as well as recently decided cases.Learning ObjectivesAttendees will summarize significant pending Supreme Court and appellate cases likely to impact bankruptcy law and practice.Attendees will analyze the key holdings and reasoning of recently decided Supreme Court and appellate bankruptcy decisions.Attendees will evaluate the practical implications of these developments and anticipate how they may affect future case strategy and outcomes.

This panel discusses hot topics and frequent pitfalls in subchapter V cases.Learning ObjectivesAttendees will identify common eligibility issues and disputes that arise in subchapter V cases.Attendees will examine the role of the subchapter V trustee and recurring issues in plan confirmation, including feasibility and the absolute priority rule.Attendees will develop practical strategies for navigating the compressed timelines and procedural challenges unique to subchapter V practice.

We’ve all seen intangible assets on balance sheets — from intellectual property (IP) and franchise agreements to customer lists and goodwill. What do we do with IP, and how do we use it or value it to have a successful reorganization and not just a sale? This session will provide takeaways you can use to inform your next case.Learning Objectives:Define the evolving scope of intellectual property (IP): Participants will be able to identify the major categories of IP and explain how modern business models are expanding what counts as IP, including data, algorithms, customer relationships, and other emerging intangible assets.Analyze why IP matters in restructuring strategy and negotiation: Participants will understand how IP can influence leverage, value and deal dynamics in a reorganization, and evaluate ways to use IP assets or IP gaps to shape plan negotiations, monetization strategies, and outcomes beyond a simple sale.Apply practical approaches to protecting and maximizing IP value in distressed situations: Participants will be able to spot common pitfalls such as overlooked, unprotected or undervalued IP, and apply practical tools and case study strategies to preserve, enhance, or monetize IP to reach a successful restructuring solution.