Alaska

This panel will interactively explore the current legislative context of subchapter V, measures and strategies for its success, impediments to its broader use, bad faith or improper purposes, current developments, and what might need to be fixed.

This panel will help you gain a better perspective on the ways in which corporate directors’ duties morph when a company begins to experience distress. What changes should you be making, through what lens will you analyze past board dealings, and how might you provide revised governance controls to best guide the entity going forward? The panelists will provide their expertise into the pitfalls and practices of governing in the zone of insolvency, and will examine the empirical research regarding outcomes at times like these.

In the 2022 and 2023 Supreme Court terms, there have been three or four bankruptcy cases on the docket in each term, as opposed to the more normal one case every year or even every other year. Cases have included both very significant issues that may have far-ranging effects, as in Harrington v. Purdue Pharma L.P.

With a sluggish return to office, a looming maturity wall and a challenging refinancing environment, distress in commercial real estate looks to be here to stay for the foreseeable future. This panel will help attendees navigate this complex environment while offering diverse perspectives representing landlords, debtors, committees and lenders, as well as from the bench.