Free Sessions (no CLE)

Ensuring Conflicts are Transparent in 2020 Hidden conflicts of interest in bankruptcy are a stain on the integrity of the bankruptcy system. What should be done to better police the clear standards of disinterestedness and sanction misconduct? Intersection of Bankruptcy and Social Issues Bankruptcy has been largely been viewed as a solution to solely economic and financial concerns. Historically, scholarship related to bankruptcy’s intersection with social issues has focused on the social problems that may result from bankruptcy or the social issues of which bankruptcy may be a symptom. Over the last several years, however, bankruptcy has been a common thread in some of the largest social movements of our generation. This discussion centers around the intersection of bankruptcy and some of today's social issues, including the “#MeToo” movement, the Catholic Church and Boy Scouts of America abuse scandals, and the racial justice demonstrations regarding housing and policing. The ways in which bankruptcy practitioners and the bench have been asked to craft solutions to address social ills will be explored within the framework of the Bankruptcy Code, as well as the ways in which bankruptcy will continue to play a part in addressing social issues. Lasting Impacts of COVID-19 on Law Firm Operations and Legal Service Delivery No business or industry has escaped the impacts of COVID-19. In this session, seasoned bankruptcy attorney and law firm Chairman Robert Sartin will discuss how the modern global pandemic has changed the future of law firm operations. He’ll also examine the challenges of leading in a fluid and unprecedented environment, and review what many firm leaders are predicting as the new landscape of practicing law and delivering legal services.

Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).

This panel will focus on the removal and consolidation of tort claims, including those against nondebtors (e.g., Imerys); the aggressive estimation of tort claims for voting purposes (e.g., PG&E and the one-dollar estimation effort); third-party releases (e.g., the effort we are likely to see in BSA to get releases for local councils); channeling injunctions outside of the asbestos context (being used increasingly, but will the bench eventually push back?); the impact of criminal proceedings on a mass tort debtor’s ability to reorganize (e.g., PG&E and some of the pharma cases); the need for multiple committees (e.g., creditors + victims in BSA; the UCC and TCC in PG&E; and the failed effort to appoint a public entities committee in cases); notice and due process issues (e.g., notice to fire victims in PG&E); proposed trust structures; class actions in chapter 11; and Garlock.

The record-setting 11-year national economic expansion has now been displaced by the worst pandemic in a generation. In this session, moderated by Bankruptcy Judge Michelle Harner (D. Md.), Professors Abbye Atkinson (UC Berkeley School of Law) and Roger Tutterow (Kennesaw State University) consider how pandemic-related economic challenges are impacting household spending, corporate performance, and the ability of both consumers and corporate entities to service existing debt obligations. The discussion will also engage with issues such as reductions in labor force participation, the Federal Reserve’s commitment to low short-term interest rates, trends in access to credit and forbearance of debt, the role of debt in smoothing household consumption, and the socioeconomic implications of these shifts. You will not want to miss this lively discussion concerning the perfect storm we are now experiencing.

This panel will offer a unique take on Chapter 11 issues. Join our panelists as they walk through hot topics and other thorny territory in the Chapter 11 landscape.

A panel of experts in agriculture bankruptcy insolvency matters will discuss the unique issues and legal strategies facing professionals in these cases, such as problems facing family operations, the nature and benefits of chapter 12 proceedings, plan strategies in chapter 11 and 12 cases, and traps for the unwary in dealing with the different constituencies in a farm case. As these cases become more prevalent, well-prepared practitioners will need a working knowledge of the issues confronting the agricultural sector. This panel will give you expert insights into the tools you need to manage these types of cases.

Come join our experienced panelists as they share practical applications of mindfulness that you can use every day at work and home. Areas include being less reactive in challenging situations, listening more effectively and gathering more useful data, more skillfully entertaining uncertainty, and feeling less stressed in general. You'll learn basic mindfulness and relaxation exercises and tips for incorporating them into your day.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals. What did the appeals court do in Tribune II, and what impact does the court’s decision have on fraudulent transfer litigation by private litigants under nonbankruptcy law?

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.

Global markets continue to shift as the world confronts today’s unprecedented challenges. But in this uncertain time, there are also opportunities that savvy investors can capitalize on if they know where to look. Join this interactive panel as leading experts representing renowned capital-raising gurus, global private-equity firms and one of the world's largest independent financial advisory groups discuss the leading trends taking place in the M&A space today. Understand trends and considerations private-equity firms are currently facing, analyze the landscape for alternative lending and learn how traditional capital fundraising has shifted, and assess strategies for success in the long term as we continue to battle COVID-19 in the global marketplace.