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.

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.

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.

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.

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?

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.

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

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

Sponsored by Business Reorganization Committee Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. The “Texas Two-Step” involves a “divisional merger” permitted under the Texas Business Organizations Code and has garnered renewed national attention when it was used by Johnson & Johnson last month as the means to address tort liability arising from its talc products. Please join us for a webinar where our esteemed panelists will provide an overview of the Texas Two-Step, including key rulings, as well as important features and considerations in large tort bankruptcy cases generally, and discuss their reactions to and predictions for the J&J bankruptcy cases.

Hosted by ABI's Real Estate Committee Join this panel of subchapter V trustees and attorneys counseling debtors and creditors as they review the basic tenets of the subchapter V legislation, including revisions made to the CARES Act of 2020, with a focus on real estate-based cases. Topics for discussion include unique issues in play, common types of real estate cases being filed, success stories, debtor watchouts, and misconceptions about the role of subchapter V trustees.