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This panel will discuss a potpourri of unique and interesting issues that present themselves in various out-of-court restructuring contexts. 

This session will highlight particularly interesting case law developments to date in 2021 and their impact on bankruptcy law and practice.

You’re leaving your firm, but what do you need to know before you go? This panel will discuss what to do and what not to do to make sure you meet your ethical obligations to your clients and your old firm, while avoiding problems for you and your new firm.

This panel will discuss issues that arise at the crossroads of sexual abuse claims and chapter 11, including the tension caused by using a financial reorganization tool to resolve highly emotional personal-injury claims, the stresses that cases of this ilk place on the Bankruptcy Code (including the uniqueness of claims bar dates in cases of this sort, nonprofit debtors and the absolute priority rule, and the propriety of third-party releases), and the use of mediation to globally resolve these cases.

Since the enactment of the Small Business Reorganization Act of 2019 (H.R. 3311, “SBRA”), which took effect on Feb. 19, 2020, bankruptcy courts and practitioners have had opportunities to address a number of novel issues, interpreting and applying what are essentially brand-new Bankruptcy Code statutes. In this panel, we will discuss some of the key SBRA areas that bankruptcy courts across the U.S. are addressing, as well as the novel issues that practitioners are navigating.

The panelists will discuss the recent reemergence of SPACs and will elaborate on the public policy and restructuring implications associated with them. This discussion of creative financing structures will focus on financing in a distressed environment, including three mini-case studies and emerging issues in litigation financing.

This panel will discuss the various standing doctrines that apply in federal and bankruptcy courts, including constitutional (Article III) standing, prudential standing, statutory standing (“party-in-interest” status) and derivative standing, and will cover issues that arise both in chapter 11 cases and the consumer arena.

This panel will discuss bankruptcy case and code developments during the pandemic, but we will also discuss the extent to which we believe the pandemic accelerated retail trends that were already underway or whether the changes reflect true evolution in the retail space.