The Commercial and Regulatory Committee produced a variety of programs, articles and materials throughout 2024.
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As 2024 comes to a close and the Health Care Committee looks back at an eventful year (for the Committee and the health care and life sciences restructuring space as a whole), activity remains strong across the health care and life sciences restructuring industry, with health care systems, facilities and providers, pharmaceutical companies and diagnostics companies of varying sizes seeking stra
The Ethics and Professional Compensation Committee had another successful year in 2024. Our activities continued to keep our members and the insolvency community apprised of relevant recent developments and hot topics while also offering fun and beneficial social and networking opportunities.
Lawyers often prominently designate a letter or e-mail communication as a “Rule 408 Protected Settlement Communication” that is “inadmissible” as evidence. That label will be in bold and italicized, maybe in all caps, for emphasis.
In the wake of the U.S. Supreme Court’s Harrington v. Purdue Pharma L.P. [1] decision definitively doing away with nonconsensual third-party releases, courts and practitioners alike have been struggling with the meaning of “consensual” in the context of such releases. One such jurist is the Hon. Craig Goldblatt of the U.S.
Subchapter V of the Bankruptcy Code provides an affordable and efficient means of financial rehabilitation to the owners of small businesses. In service of these ends, “[t]he debtor has the opportunity to use new, powerful tools to reorganize and save its business; but it must do so quickly.” [1]
Winter Leadership Conference Panel
At the upcoming Winter Leadership Conference, taking place Dec. 12-14 in Scottsdale, Ariz., the Commercial and Regulatory Law and Secured Credit Committees are hosting a joint panel, “Remote Control: Not Just for Toys Anymore,” on Dec. 13 at 9:30 a.m. with the participation of the following speakers:
The doctrine of in pari delicto is “[t]he principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrongdoing.” [1] This article seeks to provide a general overview of the in pari delicto doctrine, and the relevant intersections between the doctrine and its exceptions.
Between local rules establishing mediation confidentiality [1] and Federal Rules of Evidence (FRE) 408 and 501, most assume that mediation is privileged and confidential, but that might not always be the case.
Meet the new Membership Relations Director, Charles Phiri
Tue, 2024-01-16
It’s been six years since ABI released the Second Edition of ABI's Quick Evidence Handbook. Join us for a reunion of some of the handbook’s authors to discuss developments in evidence law, and how issues discussed in the handbook have played out in practice.
Thu, 2023-09-28
This panel of experts will discuss emerging trends from recent restructurings and bankruptcies in the health care industry, with a special focus on hospitals and biotechnology companies.
Wed, 2023-08-30
Commercial real estate continues to be the sector to watch for restructuring professionals, as decreasing property values and increasing interest rates will be colliding with $1.5 trillion of debt maturities over the next four years. This informative program will provide a clear and comprehensive understanding of where the market stands and may be going as we head into the last four months of the year. Where are we in the current economic cycle? How have higher interest rates impacted the commercial real estate market this year, and what will the ramifications be next year?
Thu, 2023-08-17
This is the first in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the United States. For this first webinar, the panelists will be examining the situation in France, Germany, Ireland and the Netherlands.
Thu, 2023-07-27
The panelists will discuss the pros and cons of seeking the appointment of a chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.
Mon, 2023-06-12
This panel of experts will discuss and analyze asset-recovery issues in cross-border insolvency situations.
Mon, 2023-04-24
This panel will focus on disputes regarding engagement as counsel and payment of fees. The panel will cover such issues as unbundling of services, bifurcated fee arrangements and conflicts of interest. The panelists also will discuss a number of ethical issues that have arisen in recent cases.
Mon, 2023-04-24
This panel will discuss what happens when lenders default on paying borrowers for non-monetary reasons, such as covenant or compliance violations on real estate loans like debt-coverage-ratio violations. The lenders’ goal is to regain possession of the real estate for investment purposes and deploy it at higher interest rates. The panelists will discuss the impact and efficacy of this strategy from all angles: institutional lender-side, borrower-side and investor-side.
Mon, 2023-04-24
This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.
Sat, 2023-04-22
This panel will discuss the following issues regarding crypto, distinguishing customer property from property of the estate, understanding crypto valuation issues, distribution options in crypto cases, M&A risks and pitfalls, effectively using social media to communicate with a large customer base, juggling cash and crypto management, and debtor-on-debtor violence.
