Illinois State Approved Sessions

This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.

This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.

This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.

This panel will discuss the impact of today’s persistently higher-interest-rate environment from several perspectives, including valuation, operational free cash flow and financial flexibility, private equity and M&A transaction activity, and liability management (LME) and restructuring transaction opportunities.

This panel will discuss the ethical implications of AI technologies and how they may affect valuation, including issues related to bias, fairness and responsible AI.

This panel will discuss a broad range of topics that arise in real estate-driven bankruptcy cases, including issues for landlords with respect to post-petition lease restructuring and the disposition of personal property by debtor tenants; determining the appropriate cramdown interest rates for different real estate sectors in a volatile interest rate environment; special issues implicated in bankruptcies of hospitality-focused real properties; and the particular challenges involved in restructuring partially developed properties.