Vermont State Approved Sessions

This panel will take a look at the current state of the law related to equitable mootness, equitable subordination and other equitable doctrines.

David Wasserman is the U.S. House editor and senior election analyst for the nonpartisan newsletter The Cook Political Report with Amy Walter and a contributor to NBC News. The New York Times called The Cook Political Report with Amy Walter “a newsletter that both parties regard as authoritative.” In this mid-term election year, he will provide his predictions and analysis of the current political environment. Mr. Wasserman analyzes the current political environment in lively and entertaining presentations. His data-driven forecasting looks at both national and local trends, the relationship between consumer brand loyalty and voting, and what the future holds for American elections.

What privileges and confidentiality can be asserted in bankruptcy litigation (e.g., attorney/client, common interest, mediation, etc.), and how do you invoke and preserve these various privileges/confidentialities? This session will identify these issues and address the ethical and legal implications if they they aren’t properly preserved.

Join ABI's Diversity Working Group to hear from experts on the current trends related to gender identity and pronoun usage, workplace liability issues and more.

This panel will discuss why the monetization of intellectual property (IP) has become a key strategic tool in restructuring, bankruptcy and acquisitions, and how the importance of monetization has evolved over decades. The panelists include experts in innovation, the role IP plays in bankruptcy and restructuring, how cross-border situations impact the monetization of IP, post-acquisition integration of the IP “footprint,” and other key topics of interest.

This session will cover the use of independent special committees/directors and will include a discussion on what independence entails, including extended family relationships/financial referral relationships, even if they are not formalized.

This panel of subchapter V experts will discuss the multitude of issues that have developed since the enactment of the statute, and how practitioners can best deal with these issues.

This panel will cover makewholes, including an examination of Hertz and Ultra, a comparison of Second, Third and Fifth Circuit precedents and the recent makewhole premium dispute in Mallinckrodt; and structured dismissals in bankruptcy post-Jevic, including In re KG Winddown, Forever 21, Basic Energy and more.

This panel will first discuss lessons learned from the extensive litigation over the past few years on “drop-down” and “up-tier” restructuring transactions in such cases as Murray Energy, Serta Simmons, TriMark, Boardriders, iHeart, La Paloma and White Box v. Trans Ocean. Next, we will examine some recent developments in fraudulent conveyance litigation, including challenges to transfers made in “Texas two-step” mergers (e.g., J&J); establishing fraudulent intent (Tribune); and recovering from subsequent transferees (e.g., Giant Gray; Madoff). Finally, we will discuss developments on equitable mootness, which continues to be litigated with differing results around the country.

This roundtable will provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.