South Carolina State Approved Sessions

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 ABI's Commercial and Regulatory Law Committee A distinguished panel of experts will discuss the background and scope of the latest mortgage-servicing regulations promulgated by the Consumer Financial Protection Bureau, and how they could impact your day-to-day bankruptcy practice.

This panel will focus on current M&A activity in the health care industry and where the opportunities lie, including in startups and other technology.

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.