2022 Winter Leadership Conference

Heading into the pandemic, health care was a hot sector in the restructuring landscape. Economic stimulusfunding and a need for health care facilities to address the COVID-19 pandemic led to a slowdown inrestructuring in the sector. However, stimulus funds are now drying up, and health care organizations thatwere struggling operationally or financially heading into the pandemic are facing even more challenges. Thispanel will discuss the nuances of a health care bankruptcies, providing insight into what operators,attorneys, financial advisors, investment bankers and other stakeholders should consider as they prepare totake a health care organization through the bankruptcy process.

This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’salso not as simple as your basic loan default. Do you know how to analyze whether making the electionmakes sense? Perhaps more importantly, do you know how to counsel your client through the process?

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.