Delaware State Approved Sessions

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code. 

The Supreme Court’s decision in Purdue Pharma has significant implications for cross-border insolvency practice under chapter 15. This panel will examine how the ruling is reshaping the legal landscape for foreign main proceedings, recognition standards, and especially the use of nonconsensual third-party releases. The panelists also will explore emerging questions around comity, enforcement of foreign judgments, and the limits of U.S. bankruptcy courts’ authority in cross-border cases. 

As data privacy concerns grow more urgent, bankruptcy professionals must be prepared to confront the unique challenges that arise when companies holding sensitive consumer data (like genetic information) enter financial distress. This panel will use the high-profile case of 23andMe as a launching point to explore the intersection of data privacy laws and bankruptcy practice. The panelists then will examine the heightened risks and responsibilities for debtors, creditors and trustees handling data-heavy assets in restructuring and liquidation scenarios. 

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

The health care industry is facing growing financial stress, driving a surge in both chapter 11 filings and out-of-court restructurings. This panel will explore the evolving landscape of health care distress, highlighting the creative solutions being used outside of traditional bankruptcy, such as receiverships, distressed M&A and liability-management transactions. The panelists will examine the influx of private capital into the sector, regulatory and compliance pressures, and how declining reimbursement rates and litigation are accelerating financial challenges. The discussion will also provide practical insights into navigating fiduciary duties, valuation standards, and the broader implications of restructuring in both for-profit and nonprofit health care environments.

This panel will provide a comprehensive overview of key tax considerations that arise before and during bankruptcy proceedings. Attendees will learn how to preserve and utilize valuable tax attributes prior to filing. The panelists also will explore the complex question of whether certain tax attributes constitute property of the bankruptcy estate, and will address a range of critical tax issues that may emerge during a bankruptcy case. This session is essential for practitioners seeking to effectively navigate the intersection of tax law and bankruptcy.

Clear, concise writing is essential in bankruptcy practice, especially when your audience includes busy judges and practitioners. This interactive workshop will explore why brevity matters and how to achieve it without sacrificing legal precision. Attendees will learn to spot opportunities to tighten briefs and motions, and gain practical strategies for cutting words while preserving meaning. Whether drafting for court or clients, participants will leave with tools to write more effectively and efficiently.

In today’s digitally connected world, attorneys face unique challenges and opportunities at the crossroads of social media, credit reporting and bankruptcy law. This panel will first debunk prevalent social media myths and scams that complicate client advisement and the setting of realistic legal expectations. Next, the panelists will delve into the nuanced relationship between credit reporting and bankruptcy, offering insights that enhance attorneys' ability to guide clients through financial restructuring. Finally, the discussion will highlight effective strategies for harnessing social media as a tool to positively influence public perception and expand access to critical legal information. Join us for an engaging session designed to equip legal professionals with practical knowledge and innovative approaches for navigating this evolving landscape.

This panel will delve into the legal and strategic complexities surrounding the RMS Titanic chapter 11 case, exploring how different approaches might have altered its course. The panelists will unpack the jurisdictional tensions between the district court overseeing recovered artifacts and the bankruptcy court managing estate assets, and discuss pathways for resolving these conflicts. The conversation also will examine the role of foreign investors and buyers, highlighting the dynamic they introduce into the sale process and the competing interests at play.

Sponsored by Inspira FinancialIn this session, you will learn practical strategies to oversee/manage retirement plan terminations that are required due to corporate bankruptcies and merger-and-acquisition transactions. From understanding your clients’ fiduciary responsibilities to finding missing and unresponsive participants and reconnecting them with their retirement savings, this session will inform attendees on the steps necessary to successfully terminate a company's retirement plan.