2022

When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value. This panel will coverstatute-of-limitations issues, including the Golden Creditor Rule; identify pitfalls to avoid when bringingderivative claims, including in pari delicto; review lessons learned in bringing claims against equity sponsors;revive the concept of lender liability; provide tips of the trade for maximizing insurance recoveries; andexplain the § 546(e) safe harbor jurisprudence, among other relevant topics.

This panel will explore the supply chain issues that are most prevalent today in various industries, includingthe risk of loss, injunctive relief, adequate protection and debtors in possession, as well as the tensions thatcan occur among customers, suppliers and third parties.

This panel explores the realities, misconceptions and interpretations of the “business case” vs. the “values case” for diversity, equity and inclusion (DEI) in this interactive session. The panelists highlight the gaps created when the business case for DEI is prioritized over values and organizational culture, and examine metrics that can measure and evaluate the progress of values around DEI.

This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regardingnondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.

This panel will explore and discuss ethical issues that arise in consumer practice. The panelists will reviewrecent cases and provide hypotheticals to invoke audience participation and discussion regarding topicsrelated to attorney fees, conflicts, and attorney/client privilege and confidentiality.

This panel will focus on the economics of continuing care retirement communities (CCRCs) and where theyare positioned in the senior living and care industry. Learn how the pandemic and resulting economy haveimpacted CCRCs, and how they are managing the resulting operating challenges. Because CCRCs frequentlyrequire substantial individual financial upfront investment, prospective residents and their heirs may expressconcerns about risks and potential losses in the event of a CCRC bankruptcy. The panelists will explore theseindustry challenges, as well as how a CCRC bankruptcy affects the various case constituents.

Confirmation Roundtable: Top Tips to Confirm a Chapter 11 PlanThis roundtable will explore choices and strategies in formulating a plan, including classification, thestreamlining tools available under § 105(d), restructuring support agreements, and the murky intersection ofexculpations, releases and injunctions. The panelists will explore these topics with an eye toward sharingpractical tips for obtaining a successful confirmation.

Gradually, Then Suddenly: The Bankruptcy of Detroit, a documentary film and commentary by Producer/Director, Sam Katz

The Role of the Bankruptcy Judge