Business

Business Track - Pushing the Envelope This program will feature a discussion of the aggressive provisions that debtor's, lender's and buyer's counsel have been trying to insert into DIP orders, sale orders and confirmation orders.

Professional Development Track: Litigation Skills Mock Expert Examination R. Scott Williams, Moderator Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala. Judge: Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Las Vegas Direct Exam: Dillon E. Jackson Foster Pepper PLLC; Seattle Cross Exam: Lynnette R. Warman Hunton & Williams LLP; Dallas Witness: James Peko Grant Thornton LLP; New York

Financial Advisors Track - Advising the Corporate Entity This panel will explore the issues and challenges for lawyers and financial advisors arising in connection with advising companies on corporate-governance issues.

Financial Advisors Track - How to Create Value for the Estate from Your First Client Meeting until Entry of a Final Decree This panel will explore the ways in which financial advisors, investment bankers and chief restructuring officers can add value to a financially distressed company. Topics to be explored will include assessment of management, evaluation of asset quality, analysis of financial reporting, maintaining relationships with other stakeholders, creating operational improvements and other related endeavors.

Hedge funds are an integral part of the current-day corporate restructuring world in larger cases. Some argue that their involvement provides added sources of liquidity and is beneficial to the process. Others contend that hedge funds' efforts to game the process and their singular focus on profits, often at the expense of reorganization, has transformed the restructuring process in a negative way. This panel of hedge fund players and restructuring advisors will debate these and other issues.

A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.

Third-party releases in view of Behrmann v. National Heritage Foundation. Indubitable equivalent in the context of an operating company. In re River Road: what is the future of credit-bidding and indubitable equivalent plans? One impaired class: by plan or by debtor? New issues in pre-packaged plans.

Will bankruptcy courts stay enforcement of springing guaranties post confirmation? The need for one impaired class: should impairment be per case or per debtor? Separate classification of mortgage deficiency claims. New value plans: compare In re Global Ocean Carriers Limited to In re Beal Bank. Does the Till interest rate apply in commercial real estate cases? Indubitable equivalent plans in the real estate context. Implications of RadLAX.

Has TOUSA changed the legal standard for what is reasonably equivalent value? What is the fate of affiliate guarantees? Do lenders now need to investigate the use of the loan proceeds?

Should Stern be applied under a broad or narrow interpretation? Compare In re Bellingham with In re Direct Response Media Inc.