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Free Sessions (no CLE)

“Too Many Hats”: The Peculiar Problems and Challenges that Arise When an Equity Sponsor/Secured Lender is a DIP Lender/Stalking-Horse Buyer in a Chapter 11 Case

This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.
1 hour 17 minutes 36 seconds

Peace Bridge, or Bridge of Sighs: Cross-Border Mediation of Insolvency-Related Disputes

Presented by the Mediation and International Committees Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.
1 hour 12 minutes 20 seconds

Witness Preparation: A Roundtable Discussion

Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.
1 hour 13 minutes 25 seconds

Money Talks: Getting Retained and Paid (Ethically) by the Bankruptcy Estate

Presented by the Young and New Members & Ethics and Professional Compensation Committees You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement. The session will also discuss recent decisions that could fundamentally affect how professionals are retained — including the use of the so-called “Jay Alix Protocol” and whether nunc pro tunc is still viable.
1 hour 4 minutes 20 seconds

Anatomy of a Pharmaceutical Bankruptcy Case

Presented by the Commercial and Regulatory Law & Financial Advisors and Investment Bankers Committees This panel will present a primer on the U.S. pharmaceutical industry, focusing on the typical capital structures of pharmaceutical/development companies versus in-pipeline companies. The panelists will examine the factors leading to the recent surge in pharmaceutical bankruptcy cases and their outcomes/resolutions, as well as § 363 sales of pharmaceutical companies’ assets and restructurings. Opiate bankruptcy cases such as Purdue and Mallinckrodt will be highlighted, as will ancillary issues that arise in pharmaceutical bankruptcy cases, such as product recalls, regulatory issues (such as with the FDA) and IP licensing issues.
1 hour 14 minutes 41 seconds

ABI-Live: The Evolving Role of Chapter 7 and Subchapter V Bankruptcy Trustees During COVID and Beyond

Sponsored by the Consumer Bankruptcy Committee ABI's Consumer Bankruptcy Committee is presenting this webinar, moderated by Committee Co-Chair Jon J. Lieberman of Sottile & Barile, Attorneys at Law, and featuring Hon. Allan C. Stout of the Western District of Kentucky, Chapter 7 Trustee Hannah W. Hutman of Hoover Penrod PLC, Chapter 7 Trustee Richard D. Nelson of Todd, Kite & Stanford LLC, and Keith J. Larson of Seiller Waterman, LLC. The panelists will discuss a range of issues surrounding the trustee program, including tips and strategies for both debtor and creditor attorneys in working with case trustees, the current state of chapter 7 trustee compensation and why compensation reform may be needed, and the impact the COVID-19 pandemic is having on everything from 341 exams to the retention and recruitment of chapter 7 trustees. The panelists will also discuss the role of the trustee in subchapter V cases under the SBRA, including trustee compensation.
1 hour 7 minutes 32 seconds

ABI-Live: Recent Trends & Issues with DIP Financing, Focusing on Committee, Debtor, and Lender Perspectives

Presented by ABI’s Secured Credit Committee, this panel will discuss recent trends and developments concerning debtor-in-possession financing by highlighting relevant issues from the debtor’s, lender’s, and creditors’ committee’s perspectives. The discussion will focus on recent chapter 11 cases, including cases from the retail and energy industries, disruption from COVID-19, and broader market observations.
1 hour 4 minutes 36 seconds

ABI-Live: Collateral Disputes: Experts Weigh In on Recent Transactions

Join the SRS Acquiom team and their panel of experts as they dive into recent transactions involving collateral disputes between lenders and borrowers. The discussion will highlight real-life examples, look back on why the disputes are happening, review the options for lenders, and examine how to prevent disputes from happening in the future.
1 hour 10 minutes 31 seconds

ABC: Best Behavior, Use of Technology and Other Taboos

ABC sponsored this October 22, 2020, session from the Insolvency 2020 Summit. The expert panel addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel materials include applicable Model Rules of Professional Conduct and feature a section on questionable lawyer behavior. The panelists also suggest best practices for fee applications.
1 hour 14 minutes 40 seconds