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When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.

"This panel will explore the requirements for the use of cash collateral by agreement or court order, including adequate protection. The discussion will include other important issues for secured creditors, such as debtor-in-possession financing, collateral carve-outs to pay committee professionals, cramdown interest rates, and credit bidding in sales of collateral. "

Professional fee issues are always important, both to those who represent estates and those who do not (but sometimes object to the fees of those who do). This panel will discuss the implications of the Supreme Court’s recent decision in Baker Botts v. ASARCO, in which the Court answered an intriguing question some bankruptcy lawyers did not realize had been asked: whether counsel for an estate party may recover fees incurred in defending a fee application. The panel will also address continuing issues related to professional fees, including U.S. Trustee Fee Guidelines, big case fee guidelines, and the approval of national billing rates in jurisdictions where local rates are much lower.

This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.

Trending issues, circuit splits and noteworthy topics in bankruptcy courts will be the focus of this discussion. The panel will cover topics of interest in business, with no specific emphasis and in no particular order. Attendees are encouraged to participate with questions and issues drawn from their own experiences.

From issues of consent and matters of constitutional authority, to the all-important topic of professionals’ fees, the Supreme Court considered a number of issues critical to restructuring attorneys and advisors in 2015. Our panel of Supreme Court advocates and bankruptcy scholars will weigh in on the Court’s most recent term and provide expert analysis of the Court’s opinions and their applicability to everyday practice.

2015 marks an unprecedented year of distress for the entire coal mining industry. During this session, the panel will provide the audience with a complete picture of the major operational, financial, legal, and regulatory issues that have led to the present state of the industry and offer a glimpse into how these issues might impact restructurings in the industry and the overall health of the industry for years to come.

From developing a watch list to distinguishing your firm in a pitch setting, our panel of experienced business generators will share their best practices and tips.