Illinois State Approved Sessions

ABI's Business Reorganization and Commercial and Regulatory Law Committees ERISA/PBGC issues in bankruptcy/reorganization cases always raise interesting and challenging questions. Are you prepared to identify and handle them? Please join us for this special ABI-members-only webinar, during which the speakers will address both single-employer and multi-employer pension funding, termination and withdrawal-liability issues, other PBGC/ERISA-focused bankruptcy issues, and ERISA fiduciary issues that often arise in administering or terminating an ERISA-governed retirement plan in a bankruptcy/reorganization setting.

This roundtable will 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.

This panel will first discuss lessons learned from the extensive litigation over the past few years on “drop-down” and “up-tier” restructuring transactions in such cases as Murray Energy, Serta Simmons, TriMark, Boardriders, iHeart, La Paloma and White Box v. Trans Ocean. Next, we will examine some recent developments in fraudulent conveyance litigation, including challenges to transfers made in “Texas two-step” mergers (e.g., J&J); establishing fraudulent intent (Tribune); and recovering from subsequent transferees (e.g., Giant Gray; Madoff). Finally, we will discuss developments on equitable mootness, which continues to be litigated with differing results around the country.

This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.

This panel will discuss Code impairment and post-petition interest, provide an update on gerrymandering (including a examination of Consolidated Land Holdings LLC), and review third-party releases and the different outcomes that have occurred in different circuits.

This panel will cover convertible DIPs (LatAm, AeroMexico and Avianca) and sub rosa plans through DIPs. The panel will also discuss post-petition financing issues and protections for secured lenders, including how adequate protection is meant to work, and the ways in which judges are deploying it.

This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.

This panel will discuss why the monetization of intellectual property (IP) has become a key strategic tool in restructuring, bankruptcy and acquisitions, and how the importance of monetization has evolved over decades. The panelists include experts in innovation, the role IP plays in bankruptcy and restructuring, how cross-border situations impact the monetization of IP, post-acquisition integration of the IP “footprint,” and other key topics of interest.

This panel will look at ethical issues that arise in the context of bankruptcy proceedings, including protecting common interest privilege and retaining and compensating professionals. Panelists will discuss recent cases and share best practices.

This panel will discuss recurring issues related to mass tort cases, including the automatic stay, third-party releases (Sun Edision, Midway Gold, Purdue), venue-selection and estimation. The panelists will also offer an analysis of such key recurring issues as the use and propriety of bankruptcy for solvent debtors, and bankruptcy abuse vs. bankruptcy planning.