Pennsylvania State Approved Sessions

This panel will discuss the challenges the industry faces post-pandemic, including how to get supplies, staff and other key ingredients to make the business aspect of health care work.

This panel will discuss where to put your money to work in the industry and the pitfalls to watch for, including cybersecurity issues.

Prof. VanHorn will examine the economic challenges facing the U.S. health care industry, as well as trends that will affect the future configuration of health care services. He will also highlight the price variations that exist in U.S. health care, and discuss the move toward consumerism and price transparency.

The health care industry is plagued by fraud and abuse issues. What have we seen already, what do we anticipate seeing in the future, and what do health care providers need to know going forward?

As America’s largest grocer, Kroger knew it had a great responsibility to act from the earliest days of the COVID-19 pandemic. With a half-million employees and millions of customers coming through its doors each day, Kroger established a COVID-19 task force so that it could react swiftly to ensure the safety of its associates and customers. As businesses across the country were forced to close their doors temporarily — and in many cases indefinitely — it became imperative that Kroger find a way to keep its doors open. Don't miss this fascinating keynote discussion on how Kroger adapted its strategy to the unique circumstances each new day presented, from instituting PPE requirements to testing and vaccination sites, and the data it used to guide its decisions along the way.

Three cases in the last year have demonstrated that § 363 does not fix everything. In Dean Foods, § 363 did not protect the purchaser from the Sherman Antitrust Act; the purchaser was forced to divest itself of purchased assets in a U.S. DOJ antitrust action. In GNC, CFIUS interposed (unsuccessfully) to try to prevent the sale of assets to a Chinese company owned by the PRC government. Finally, in Exide, CERCLA rendered four contaminated properties unsalable, resulting in abandonment (arguably in contravention of the SCOTUS Midlantic decision, appeal pending). This panel will discuss these issues and more.

The Small Business Reorganization Act has been in force for over a year, and trustees, debtors, creditors and attorneys have spent the last year trying to work through what subchapter V means for them. This panel will discuss the case law that has developed, as well as the benefits and constraints of subchapter V on debtors and creditors. The panelists, featuring a trustee, judge, and debtors’ and creditors’ attorneys, will also discuss the implications of representing related entities and insiders, as well as navigating uncertainties in the new law.

This plenary will present two exciting debates on timely circuit split topics. Judges will be paired with emerging regional leaders to face off over key bankruptcy issues. Resolved: The automatic stay terminates automatically after a repeat filing only to property of the debtor, and not to estate property. Resolved: A “makewhole” provision may be enforced against a debtor and is not disallowed as “unmatured interest” pursuant to Bankruptcy Code § 502(b)(2).

This panel will address how we deal with the new crop of corporate zombies that have been emerging as a result of the influx of debt to balance sheets during the pandemic. What tools are available to address this phenomenon? When will the Fed’s credit-tightening or other regulatory requirements force regulated lenders and borrowers to address these issues? How will nonbank lenders react? Finally, how will the Main Street Lending Program (and the Fed’s role as lender) play into this discussion?

Recent legislation and judicial decisions have changed consumer bankruptcy practice substantially over the last year. This panel will provide perspectives and analysis from the judiciary and debtors’ and creditors’ attorneys regarding the various legislative changes that have been enacted or proposed since early 2020, and will explore the ever-changing landscape of bankruptcy practice today. The panelists will also discuss the impact of recent Supreme Court and First Circuit decisions on consumer cases.