South Carolina

Fee applications, preferences and clawbacks, oh my! Getting paid before and after bankruptcy has its pitfalls. This session will help you navigate potential problems to ensure you get paid while staying on the right side of the Ethics Board.

Valuation disputes are a critical tool for junior creditors in chapter 11 cases, but their effectiveness depends on strategic timing and approach. This panel will examine key moments where valuation issues arise, including DIP/priming fights, adequate protection and financings with equity rights. Topics will include timing considerations such as access to valuation data, the impact of ongoing sale processes, and cost-benefit analyses.

Technological disruption. Geopolitical forces. Counteracting supply-and-demand shifts. Volatile markets. Zero-carbon-generation portfolios. This session will explore the intersection of climate policy, energy policy, AI and other load growth factors, the fickle winds of U.S. and global government mandates/subsidies, and the impact on deal pricing, structure, post-closing viability and funding. The panelists also will provide a forward look at restructuring trends and investment opportunities.

Content valuation in the AI era presents unique challenges, as disputes over unauthorized use, such as those raised by The New York Times, highlight the need for innovative solutions. Stakeholders are increasingly turning to settlement and licensing frameworks that retroactively and prospectively value content. This session will address methodologies like the relief-from-royalty and venture capital methods, tackling complex issues of ownership, collateralization and growth projections with practical examples to illuminate these emerging dynamics.