Business

Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.

Do some provisions of the Bankruptcy Code seem so out of date and maddening that you want to call your congressional representatives? Our panel of “sharks” will evaluate pitches for legislation to remedy nagging issues in the Code, including implementing restrictions on the appointment of creditors’ committees in chapter 11 cases, tax exemptions for asset sales under § 363, increasing statutory compensation for trustees, the creation of bankruptcy appellate panels in every circuit, and the elimination of debt limits for chapter 13. Come see whether any ideas make the cut!

This panel will feature a discussion on retail bankruptcy issues from the perspective of debtors, landlords, liquidators, financial advisors and creditors.

This panel will feature a wide-ranging discussion of bankruptcy and other issues affecting the transportation and shipping industries, as well as the current and future financial stresses in the industries. Lessons from the Hanjin Shipping case will also be discussed.

Distressed health care is expected to be a busy practice area in 2017. Uncertainty surrounding the potential full or partial repeal and replacement of the Affordable Care Act will only increase disruption in this ever-changing industry. This panel will examine key issues regarding the intersection of health care and bankruptcy, along with the challenges facing health care providers. Topics will include health care regulatory issues relevant to § 363 sales, issues related to provider agreements, bankruptcy court jurisdiction over disputes with CMS, and potential opportunities for health care providers and distressed investors.

This panel will discuss the rise of unitranche credit facilities, the differences between unitranche credit facilities and more traditional debt structures, and the appeal of a unitranche structure to borrowers, sponsors and lenders. The panel will also discuss bankruptcy-related considerations when negotiating an Agreement Among Lenders (the intercreditor agreement governing the respective rights of lenders in a unitranche credit facility), as well as recent intercreditor litigation.

This panel will discuss how young professionals can grow their practices, maintain contacts, improve their reputations and bring in business.

This session will discuss motions to dismiss and motions for summary judgment, plus discovery and evidentiary motions, and tips on how to use motions practice to your advantage in adversary proceedings and contested matters.

This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.