Business

This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.

This session covers a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).

This judges' panel will include a discussion of various aspects of mediation, the judges' views on developing and encouraging younger lawyers, and a discussion of the important role served by Delaware lawyers when acting as local counsel.

This panel will discuss the similarities and differences of judicial approaches in Delaware’s two most prominent business courts: Chancery and Bankruptcy. The panelists will discuss how the different courts approach their reviews of transactions and the statutory interpretations for two statute-driven practices, and how an appellate court views the two courts.

This panel will consider issues related to the preparation and presentation of first-day motions, including strategies for guiding the company through the pre-filing process, efficient and timely collection of relevant data, and the presentation of necessary information to the court.

This panel will explore presenting evidence in contested matters before bankruptcy courts, including laying proper evidentiary foundations, attacking evidentiary foundations, common evidentiary objections, and strategic considerations in presenting or contesting evidence in a contested matter before a bankruptcy court — along with insight from an experienced judge on the most effective strategies and judicial preferences.

This panel will discuss current trends and recent decisions in cash collateral usage, debtor-in-possession financings and exit financings, including strategies for effectively negotiating such financing arrangements, best practices and addressing common objections.

This panel will discuss the best practices for drafting motions and briefs and presenting those filings to the court when they are contested and uncontested. The panelists also will discuss the pitfalls to avoid when drafting motions and briefs and presenting those pleadings to the court.

This session will focus on providing a framework to help mid-level professionals develop a plan for advancement in the bankruptcy and restructuring industry, including best practices for developing and maintaining client relationships, creating a personal brand, navigating intra-firm politics, identifying opportunities for growth, and the use of business and personal networks to achieve career goals.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.