Georgia State Approved Sessions

The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial. Included in these presentations will be virtual depositions and document preparation and organization, as well as the nontechnical challenges these cases can face, such as feasibility, projected-income issues, best practices assuming a nonconsensual plan, and cramdown. During the mock presentations, a team of technology experts will interject real-time, practical tips on the risks, benefits and potential ethical pitfalls of technology use in virtual trials, and much more. Mock Trial Schedule: 1:00-2:30 p.m. — Pre-Trial: Preparation, Organization, Depositions, Direct Examination (with tech experts offering best practices throughout) 2:30-2:50 p.m. — Short Break - Breakout rooms available for networking! 2:50-4:15 p.m. — Mock Trial: Cross-Examination, Cramdown (with tech experts offering best practices throughout)

Retail was in the midst of a fundamental shift before the pandemic.  COVID-19 forced retailers to innovate or closes their doors forever.  This panel will discuss bankruptcy case and code developments during the pandemic, but we will also discuss the extent to which we believe the pandemic accelerated retail trends that were already underway or whether the changes reflect true evolution in the retail space.  This panel will ask the audience to share what they are seeing in retail near home, with a hope of gathering a current perspective on retail innovation and survival. 

This panel will discuss the disposition of restructured equity, including § 1145 and other limitations and exemptions; selecting and managing post-restructured boards, and how to assemble a new board with a view toward maximizing value; issues attendant to the recruitment of pertinent and qualified directors; departures from rent-a-director; use of independent directors on a new board; granting of observer rights; perspectives of being a member of a well-run post-restructured board; shareholder voting and control considerations, including minority rights; incentivizing management through MIPs, KEIPs/KERPs and employment agreement considerations (e.g., CoC/severance); fostering long-term shareholder value; antitrust issues; and public vs. private emergence.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel discussion will delve into a plethora of ethical issues pulled from today’s headlines, including litigation funding, professional compensation, protection and use of material nonpublic information, “connections,” Alix v. McKinsey litigation, and issues created by the pandemic and our remote-work environment.

Every business has an obligation to protect and secure confidential information that it may receive from employees, customers, or clients. For lawyers and law firms, this duty is heightened to an ethical obligation to clients. Remote work environments, which are likely to continue post COVID-19, place additional strains on businesses to ensure that appropriate technology and practices are in place to reasonably protect data. This panel will discuss these ethical obligations generally and will provide practical best practices advice on how to continue to adapt and comply while working in a remote environment. The “new norm” extends the boundaries of the work environment which lawyers and law firms will need to continue to assess, invest in and harden appropriately to protect data accordingly. Sponsored by Freeborn & Peters LLP

First Day by Reorg Midyear Review: 2020 Bankruptcy Boom Subsides; 2021 Real Estate, Hotel Chapter 11s Peak In a presentation moderated by ABI Editor-at-Large Bill Rochelle, the First Day by Reorg Research, Inc. team will provide an overview of its midyear review, detailing chapter 11 filings data and trends during the first half 2021. They will provide industry-level insights across various sectors and highlight key takeaways. Background to the First Day by Reorg Midyear Review 2021 Coming off a record-setting year of chapter 11 filings in 2020 as the COVID-19 pandemic swept the globe and impacted multiple industries, the first half of 2021 trended well below historical averages, with a low point in May. Compared to the busiest second and third quarters of 2020, when consumer discretionary sector cases and, in particular, brick-and-mortar-heavy companies were filing with unprecedented frequency, 2021’s H1’s consumer discretionary chapter 11 cases dropped by almost half. Real estate was the only industry to see an increase in chapter 11 filings, as compared with both H1 2020 and H2 2020, as hotels and commercial real estate struggled.

Hosted by ABI's Commercial Fraud and Young and New Member Committee Hear tips and real-life stories from industry experts on how best to pursue a career path in commercial fraud and fraud litigation. *CLE isn’t available in VA.

The panelists will discuss the recent reemergence of SPACs and will elaborate on the public policy and restructuring implications associated with them. This discussion of creative financing structures will focus on financing in a distressed environment, including three mini-case studies and emerging issues in litigation financing.

States across the country have enacted so-called “reviver” statutes, allowing otherwise time-barred claims for childhood sexual abuse to proceed. History has shown that bankruptcy filings by targeted institutions are a natural byproduct of reviver statutes and laws tolling the applicable statutes of limitations for sexual abuse claims. Indeed, an increasing number of bankruptcies have been filed in the wake of reviver statutes and new waves of sexual abuse claims. This panel will discuss issues that arise at the crossroads of sexual abuse claims and chapter 11, including the tension caused by using a financial reorganization tool to resolve highly emotional personal-injury claims, the stresses that cases of this ilk place on the Bankruptcy Code (including the uniqueness of claims bar dates in cases of this sort, nonprofit debtors and the absolute priority rule, and the propriety of third-party releases), and the use of mediation to globally resolve these cases.