Pennsylvania State Approved Sessions

For nearly 100 years, we have not experienced a shock to the economy where large numbers of industries exhibited disastrous declines in revenues resulting from a pandemic. Frankly, none of us were equipped with readily available valuation frameworks to handle such shocking changes in cash-flow projections, discount rates, the ‘appropriate’ use of comparable companies and the relevant transactions to be used in the M&A comparable method. This panel discussion will present the main valuation parameters that have been affected by the COVID-19 pandemic and the associated legal and experts’ battles, mostly during and post-pandemic.

This panel will compare and contrast the SPAC craze of 2020-21 to see where we are now and what lies ahead.

This panel will discuss situations in which valuation is particularly challenging based on the type of asset, the absence of market or comparable valuation data, limitations on available information for the valuation, and other constraints. We will cover the valuation of intellectual property assets, financial assets (including royalties and other revenue streams), digital and electronic assets (including virtual currency, software code, social media assets and platforms), and privately held equity interests, among other asset categories in different sectors, such as emerging restructuring sectors like life sciences. We will also discuss valuation contexts (transaction diligence and structuring, financing and M&A transaction consummation, and distressed situations and insolvency proceedings), focusing on both the practical challenges and evidentiary support for valuation determinations in those contexts. We also will provide examples of situations in which challenging valuations have served as keystones to transactional successes.

Metaverse business success can really only happen with significantly more technological adoption, so any valuation of an individual metaverse business is at some level an underwriting of the technological adoption. In what areas may the metaverse be cannibalistic? In what areas may it be accretive to existing platforms/channels? Is the metaverse likely to be principally a business or personal environment, or both? What are the avenues for investment in the metaverse and determining valuation? It has recently been predicted that the metaverse economy could, in the aggregate, “generate up to $5 trillion in impact by 2030 — equivalent to the size of the third-largest economy today, Japan." Much of that impact is seen in e-commerce by far, with other market impacts in virtual learning, advertising and gaming. But how are the various “things” in the metaverse going to be valued? If you don’t know, or don’t know what the metaverse is or encompasses, this panel is for you.

This panel discusses cutting-edge issues involving the use of AI in law practice, and ethical questions and potential pitfalls surrounding its use by lawyers and legal professionals.

This panel delves into everything you ever wanted to know about the intersection of construction law and bankruptcy.

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed.

Silicon Valley Bank (SVB) failed on March 10 following a run on its deposits, representing the second-largest bank failure in U.S. history behind the 2008 failure of Washington Mutual. Prior to its collapse, the Santa Clara, Calif.-based SVB was the 16th-largest bank in the U.S. and was the largest bank by deposits in Silicon Valley. This panel of experts will break down the failure and future of SVB, the FDIC's role in the banking crisis, and the impact its collapse may have on other financial institutions.

This session will focus on the ways in which subchapter V cases progress through to a sale and/or plan, including statutory deadlines for subchapter V cases and how such deadlines do or don’t impact other Code sections, and whether Code deadlines are mandatory or discretionary. Attendees will learn standards and strategies to be considered in subchapter V cases.

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong. The principal creditors were unsecured bondholders and equityholders with securities litigation claims. In order to protect Luckin from its creditors, restructuring officers were appointed in the Cayman Islands, and the company’s debt was successfully restructured. This international panel of experts will discuss the case and lessons restructuring professionals can learn from it.