2021

First Day by Reorg Midyear Review: 2020 Bankruptcy Boom Subsides; 2021 Real Estate, Hotel Chapter 11s Peak In a presentation moderated by ABI Editor-at-Large Bill Rochelle, the First Day by Reorg Research, Inc. team will provide an overview of its midyear review, detailing chapter 11 filings data and trends during the first half 2021. They will provide industry-level insights across various sectors and highlight key takeaways. Background to the First Day by Reorg Midyear Review 2021 Coming off a record-setting year of chapter 11 filings in 2020 as the COVID-19 pandemic swept the globe and impacted multiple industries, the first half of 2021 trended well below historical averages, with a low point in May. Compared to the busiest second and third quarters of 2020, when consumer discretionary sector cases and, in particular, brick-and-mortar-heavy companies were filing with unprecedented frequency, 2021’s H1’s consumer discretionary chapter 11 cases dropped by almost half. Real estate was the only industry to see an increase in chapter 11 filings, as compared with both H1 2020 and H2 2020, as hotels and commercial real estate struggled.

Every business has an obligation to protect and secure confidential information that it may receive from employees, customers, or clients. For lawyers and law firms, this duty is heightened to an ethical obligation to clients. Remote work environments, which are likely to continue post COVID-19, place additional strains on businesses to ensure that appropriate technology and practices are in place to reasonably protect data. This panel will discuss these ethical obligations generally and will provide practical best practices advice on how to continue to adapt and comply while working in a remote environment. The “new norm” extends the boundaries of the work environment which lawyers and law firms will need to continue to assess, invest in and harden appropriately to protect data accordingly. Sponsored by Freeborn & Peters LLP

This panel discussion will delve into a plethora of ethical issues pulled from today’s headlines, including litigation funding, professional compensation, protection and use of material nonpublic information, “connections,” Alix v. McKinsey litigation, and issues created by the pandemic and our remote-work environment.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel will discuss the disposition of restructured equity, including § 1145 and other limitations and exemptions; selecting and managing post-restructured boards, and how to assemble a new board with a view toward maximizing value; issues attendant to the recruitment of pertinent and qualified directors; departures from rent-a-director; use of independent directors on a new board; granting of observer rights; perspectives of being a member of a well-run post-restructured board; shareholder voting and control considerations, including minority rights; incentivizing management through MIPs, KEIPs/KERPs and employment agreement considerations (e.g., CoC/severance); fostering long-term shareholder value; antitrust issues; and public vs. private emergence.

This panel will compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

This panel will discuss such personal-injury issues as mesh, malpractice and abuse cases in chapters 7 and 13. The discussion will include interviewing the client, appropriate disclosure of such claims, property of the estate, judicial estoppel, medical liens, federal and state exemptions, and settlements.

The panelists will discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward. Sponsored by Ballard Spahr LLP

This panel will discuss the effects that the pandemic has had on both business and consumer bankruptcy filings, as well insolvency case work in general. The panelists will provide their insights on whether there will be permanent changes to bankruptcy and insolvency practice spurred by COVID-19. Sponsored by AlixPartners, LLP

This panel features seasoned professionals discussing and demonstrating how to address and negotiate appropriate bid procedures and run an effective sales process. The panelists will discuss these issues in the presence of a judge through the presentation of a hypothetical sale that has more than its share of complicating factors. Sponsored by Perkins Coie LLP