Business

The attributes of the limited liability company form that are considered favorable by clients and advisers alike can present distinctive challenges in chapter 11. This panel will delve into those challenges and relevant case law developments in the context of a hypothetical transaction. The panelists will provide their valuable insights on relevant current topics and issues, such as the LLC’s authority to file a chapter 11 case, fiduciary duties and duty waivers, derivative standing, and tax implications for LLC stakeholders.

This panel will delve into the legal and practical issues surrounding subsequent-transfer claims under § 550(a)(2) of the Bankruptcy Code, and examine such key issues as the scope of liability for immediate and mediate transferees, the standards courts use to determine who qualifies as a subsequent transferee, and the statutory defenses available to those parties. The discussion will include recent case law developments, practical considerations in pleading and proving such claims, and common pitfalls in litigation.

This panel will discuss current topics and challenges facing boards and other fiduciaries of distressed companies. The panelists will explore risks, pitfalls and best practices for directors, boards and their counsel/advisors in a variety of contexts with unique challenges, including liability management exercises (LMEs) and other distressed corporate transactions, wholly owned insolvent subsidiaries, and dual fiduciary issues in private-equity sponsor companies.

This panel will consider the impact of President Trump’s policies on corporate restructurings and strategies for advising clients in light of those policies. Specifically, the panelists will analyze executive actions on tariffs, immigration, deregulation and taxes, among others, as well as the impacts of those actions on financings and the distressed investing market. It will discuss whether the potential disruptions resulting from those policies are analogous to past economic disruptions, or whether they are unique.