Georgia State Approved Sessions

This panel will focus on the current crisis in the restaurant and retail sectors, looking at the financial, operational and regulatory impacts of the pandemic, landlord-tenant disputes and other restructuring challenges.

State law and bankruptcy law intersect in any number of ways in any given bankruptcy case. This panel will focus on a few of the issues that arise in this context and discuss recent case law, as well as practice tips and strategy. More specifically, the panelists will cover the abstention doctrine and how bankruptcy courts analyze various state law claims under that doctrine; the potential impact of a bankruptcy case on divorce proceedings, including automatic stay and discharge issues; and the limitations on pursuing state court claims, such as standing, collateral estoppel and third-party releases. We hope you will join us and contribute your questions and experiences to the conversation.

Uncle Sam said “Take the money...everything will be OK”. Now, the IRS, SBA and Congress are changing the rules, creating new hurdles for distressed businesses. This panel dives into recent legislation in CARES II and the evolving legal and regulatory landscape governing access to, and repayment of, PPP and EIDL loans.

Arguably no other industry has been impacted by the pandemic as much as the hospitality and leisure space. Hotels and conference centers face historic vacancy rates while AirBNB’s IPO raises $86 Billion. This panel discusses the unique challenges facing hotel and hospitality owners, operators, investors and brands seeking to ride out the current storm.

A look at the economic impact of COVID and the road ahead, including which industries will continue to struggle and may be casualties, which seem immune to the pandemic’s effects, and which were initially sick but appear to be on the road to recovery.

You’re leaving your firm, but what do you need to know before you go? This panel will discuss what to do and what not to do to make sure you meet your ethical obligations to your clients and your old firm, while avoiding problems for you and your new firm.

This roundtable will introduce new judges, provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.

Are there limits to “free and clear” (GM)? This panel will discuss sales free and clear of leasehold interests, restrictive covenants and override royalties; conflicts between §§ 365 and 363(f) (lease- or license-stripping); assets free and clear of successorship in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); loan-to-own strategies; and the treatment of breakup fees (C&K Market, EFH).

This panel will focus on different strategies sponsors are using to retain control (or at least put a stake through) the bankruptcy process. What are the risks to sponsors/litigation issues? The panelists will also discuss fiduciary duties, managing conflicts and retaining separate counsel, the interplay between corporate governance and aggressive sponsor action (e.g., selling or spinning/stripping-off assets), sponsor affiliates purchasing debt in the portfolio company’s capital structure, and 10b-5 compliance, as well as negotiating/litigating with a difficult board. This session also includes a discussion of issues that arise when dealing with a challenging board of directors, especially those where some or all directors have been appointed by a controlling shareholder.

What do attorneys and other professionals need to know when preparing chapter 11 liquidation plans? This panel will discuss selecting a trust, LLC, plan administrator or other vehicle; ensuring that affirmative claims are preserved post-confirmation; searching for unencumbered assets; negotiating carve-outs; establishing a value/tax basis in litigation claims and other assets transferred to a trust or LLC; key plan provisions such as preserving 2004 discovery rights, creditor oversight, continuing court oversight, required reporting and retention/transfer of attorney/client privilege; trading of interests; provisions for closing the case; and structured dismissals following asset sales as an alternative to a liquidating plan.