West Virginia

NO CLE - CBF: IP Assets Caught in the Bankruptcy Rip Tide

Intellectual Property assets present unique challenges in bankruptcy. Article 9 financing statements may or may not be enforceable, and, in some instances, may actually be to your client’s detriment. Can a debtor assume and assign IP rights? Revoke them by rejecting a license? How is a security interest in intellectual property perfected and enforced? How you define the intellectual property assets can greatly impact your client’s rights, and those rights are constantly changing.

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NO CLE - ABA: Gender & Judging: Does the Gender of the Judge Matter in Bankruptcy Court Adjudications?

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases.

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NO CLE - CLLA: Hot Issues in the Restructuring of a Healthcare Industry Business

The healthcare industry in general, and hospitals in particular, have been severely impacted by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The restructuring of a healthcare entity, whether in or out of court, raises unique and significant issues, in large part because federal and state governments pay for the bulk of medical care in the United States and the industry is one of the most heavily regulated industries in the nation.

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NO CLE - ABI-Live: COVID-19: Fraud Schemes, Relief Act Forgiveness Fraud, and International Commercial Fraud Issues

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

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NO CLE - ABI-Live: Paycheck Protection Program: Access to PPP Loans for Chapter 11 Debtors

Join us for a discussion on the key features of the Paycheck Protection Program (PPP) and the current legal landscape regarding the eligibility of companies in bankruptcy to receive PPP Loans, including an overview of SBA guidance and recent court decisions.

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NO CLE - New World Orders: Post COVID Practice

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.

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NO CLE - Ethics: How to Get Retained as Debtors' Attorneys

This session will focus on professional retention issues in chapter 11 cases, starting with a brief primer on applicable Bankruptcy Code sections. The panelists will then delve into recent case law on such hot topics as disclosures, conflicts and retroactive relief.

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NO CLE - The Pros and Cons of Transactions Involving Distressed Hospitals and Health Care Providers

This panel will provide an analysis of the current levels of financial distress across the hospital, skilled-nursing and home-health sectors using various measurements, including distributions by state.

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NO CLE - Bax Decision

This panel will discuss recent bankruptcy court decisions addressing the Delaware Court of Chancery’s decision in CML V LLC v. Bax, and how these decisions impact a creditors’ committee’s or any other creditor’s ability to bring derivative claims against third parties. The panelists will also provide examples of how committees and judges are solving this issue through financing orders and other methods.

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NO CLE - Cannabis in Bankruptcy

The panel will briefly address the historical use of cannabis in America for medicinal purposes and the subsequent criminalization of cannabis, which was racially motivated. The panel will then discuss the challenges faced by corporate entities that seek to obtain bankruptcy protection when at least a portion of their income is derived from the sale or cultivation of cannabis, the lease of space to cannabis companies, or the sale or manufacture of products used in connection with a cannabis business.

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