South Carolina State Approved Sessions

Think you know what evidence makes it into the record — and what gets tossed? This interactive session will present real-world-inspired hypotheticals highlighting evidentiary challenges in chapter 11 cases. From valuation disputes to insider transactions and confirmation battles, you’ll be asked to weigh in: Is it admissible? Is it persuasive? Is it even relevant? Join us as we explore the fine line between proof and puffery in the bankruptcy courtroom. Audience participation is not just encouraged — it’s required!

Fee applications, preferences and clawbacks, oh my! Getting paid before and after bankruptcy has its pitfalls. This session will help you navigate potential problems to ensure you get paid while staying on the right side of the Ethics Board.

Join IWIRC and ABI for a fireside chat with Camille Bent, a partner at BakerHostetler in New York. She will be discussing challenges she’s faced throughout her career; the importance of equity, inclusion and belonging; and the importance of fostering mentorship and inclusivity in your legal practice and business-development efforts.

Valuation disputes are a critical tool for junior creditors in chapter 11 cases, but their effectiveness depends on strategic timing and approach. This panel will examine key moments where valuation issues arise, including DIP/priming fights, adequate protection and financings with equity rights. Topics will include timing considerations such as access to valuation data, the impact of ongoing sale processes, and cost-benefit analyses. The panelists also will provide insights into how junior creditors can tactically engage in valuation disputes to protect their interests while navigating the complexities of large chapter 11 cases.

Technological disruption. Geopolitical forces. Counteracting supply-and-demand shifts. Volatile markets. Zero-carbon-generation portfolios. This session will explore the intersection of climate policy, energy policy, AI and other load growth factors, the fickle winds of U.S. and global government mandates/subsidies, and the impact on deal pricing, structure, post-closing viability and funding. The panelists also will provide a forward look at restructuring trends and investment opportunities.

Valuation often hinges on critical company-specific statistical and methodological decisions, raising questions about their necessity or potential for manipulation. This session will examine such topics as mean vs. median, discounts for lack of marketability, premiums for control, and size premiums and company-specific premiums, and will offer insights into how these decisions shape valuation outcomes.

Content valuation in the AI era presents unique challenges, as disputes over unauthorized use, such as those raised by The New York Times, highlight the need for innovative solutions. Stakeholders are increasingly turning to settlement and licensing frameworks that retroactively and prospectively value content. This session will address methodologies like the relief-from-royalty and venture capital methods, tackling complex issues of ownership, collateralization and growth projections with practical examples to illuminate these emerging dynamics.