Texas State Approved Sessions

This panel will discuss current topics and challenges facing boards and other fiduciaries of distressed companies. The panelists will explore risks, pitfalls and best practices for directors, boards and their counsel/advisors in a variety of contexts with unique challenges, including liability management exercises (LMEs) and other distressed corporate transactions, wholly owned insolvent subsidiaries, and dual fiduciary issues in private-equity sponsor companies. The panelists also will discuss key post-Quandrant trends and legal developments, as well as the potential impact of recent Delaware General Corporation Law (DGCL) amendments.

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

This panel will delve into the legal and practical issues surrounding subsequent-transfer claims under § 550(a)(2) of the Bankruptcy Code, and examine such key issues as the scope of liability for immediate and mediate transferees, the standards courts use to determine who qualifies as a subsequent transferee, and the statutory defenses available to those parties. The discussion will include recent case law developments, practical considerations in pleading and proving such claims, and common pitfalls in litigation.

Liability-management exercises (LMEs) have become common transactions in order for financially distressed companies to obtain financing secured by previously encumbered assets. From uptiers, drop-downs, double dips and pari plus transactions, courts have begun to analyze and rule on the enforceability of LMEs and, in certain instances, their limitations. This panel will analyze various examples of recent LMEs and discuss the repercussions of such transactions from both the borrower and lender perspective.

This session will explore the intersection of artificial intelligence (AI) and digital-asset recovery in cross-border bankruptcy proceedings. The panelists will examine the challenges in making recoveries when digital-asset businesses are the subject of fraud or hacking activity, and discuss how AI-powered tools are revolutionizing asset-tracing, evidence-gathering and recovery processes. They also will cover the practical challenges insolvency professionals face when appointed over businesses in this sector, especially when there is a parallel criminal investigation and/or prosecution, and ways in which practitioners can navigate that landscape to achieve the best outcomes for stakeholders by drawing on real-life examples of cases in which the panelists have been involved.

The global automotive industry is facing unprecedented disruption, from supply chain pressures and shifting consumer demand to the transition toward electrification and stricter regulatory frameworks. These forces are creating unique restructuring challenges and opportunities across both the U.S. and European markets. This panel will bring together experts to compare approaches on both sides of the Atlantic, examining how legal, financial and operational strategies differ and the lessons that can be drawn from recent high-profile cases. Attendees will gain insights into emerging risks, cross-border considerations, and the tools available to manage distress in one of the world’s most complex and rapidly evolving industries.

Director liability in restructuring continues to grow in importance across borders, with shifting legal regimes and case law creating uncertainty for boards and restructuring professionals alike. This panel will compare filing laws and requirements in key jurisdictions, including Ireland and Germany, and examine the evolving roles of independent directors and restructuring practitioners.

This panel will explore how tariffs, geopolitical tensions and macroeconomic pressures are reshaping the restructuring landscape. The panelists will examine the impact of these forces on such sectors as real estate, energy and retail, highlighting emerging distressed assets and strategies for navigating complex cross-border and domestic restructuring challenges. Attendees will gain practical insights into mitigating risk and identifying opportunities in an increasingly volatile environment.

Private credit has rapidly grown into a multi-trillion-dollar market, reshaping the landscape of corporate finance and restructuring. With global private credit expected to rise from nearly US$2 trillion in 2023 to US$3 trillion by 2028, the influence of private credit funds as key creditors is undeniable. But questions remain as to how these funds will behave in the next major downturn, given their limited experience in workouts and restructuring. This panel will explore the evolving dynamics among private credit funds, banks, private equity and ratings agencies, and consider whether the growth of “private” markets reflects innovation or regulatory arbitrage. Attendees will gain practical insights into what restructuring professionals need to know as private credit cements its role at the center of future distressed situations.

This annual session features leading U.S. practitioners and judicial perspectives on the most pressing developments in U.S. restructuring and insolvency. The panelists will examine the surge in private credit and its impact on liability management, explore how public perception shapes insolvency outcomes, and assess current trends in chapter 15 relief and cross-border practice. The panelists also will address the practical realities of forum-shopping, discuss where cross-border restructurings have succeeded or struggled, and share lessons learned from recent cases in which recognition was denied or chapter 11 presented unexpected hurdles. International experience will be brought to the forefront, providing comparative insights to help practitioners navigate today’s fast-evolving insolvency landscape.