Craig Montgomery, Moderator
Freshfields Bruckhaus Deringer LLP; London, United Kingdom
Ignacio Buil Aldana
Cuatrecasas; London, United Kingdom
Tony O'Grady
Matheson; Dublin, Ireland
Nicolaes Tollenaar
Resor; Amsterdam, Netherlands
Do unfair trading practices (UTP) in Europe represent a new Gold Rush, and how will they impact the restructuring and turnaround market? In this panel, TMA professionals will discuss potential solutions for and the future of these practices.
James Feltman, Moderator
Duff & Phelps, LLC; New York, NY
John Couriel
Kobre & Kim; Buenos Aires, Argentina
James H.M. Sprayregen
Kirkland & Ellis LLP; Chicago, Ill.
Marianna Vintiadis
Kroll; Milan, Italy
This panel will examine the effects thus far of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), as well as Puerto Rico’s economy, including where it came from, where it is now and where it is going.
This panel will explore the roles, responsibilities, benefits and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments.
What are critical-access hospitals, and why are they important? This panel discusses alternative solutions to producing additional cash flow for failing hospitals, which need to be closely scrutinized by health care professionals familiar with licensing, reimbursement, anti-kickbacks and patient-brokering limitations.
This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation.
This panel will discuss blockchain and cryptocurrency, focusing on the basic terminology and how various agencies of the U.S. government treat cryptocurrency, in particular the Internal Revenue Service, the Commodity Futures Trading Commission, and the Securities and Exchange Commission. The panel will then examine how security interests in cryptocurrency are perfected under Article 9, and whether transfers of cryptocurrency can be avoided pursuant to 11 U.S.C. § 548 or clawed back as preferences pursuant to 11 U.S.C.
This panel will explore the effectiveness (and, sometimes, lack thereof) of creditor strategies to restrict by contract a borrower’s ability to obtain bankruptcy relief, whether by limiting the ability of a corporate borrower to seek bankruptcy relief without certain stakeholder approvals, limiting the type of available bankruptcy relief, choosing which country’s bankruptcy laws will apply to an insolvency proceeding involving the borrower, bankruptcy-remote structuring techniques, and other means. For example, the U.S.
This panel will discuss recent chapter15 and cross-border cases, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, venue issues and parallel case concerns. The panel will also discuss logistical and practical solutions in running chapter 15 cases.
