As part of the 29th Annual Distressed Investing Conference, Harold Kaplan (Partner, Chicago), Mark Hebbeln (Partner, Chicago), and Patrick Daugherty (Partner, Chicago) will be speaking on multiple panels covering topics relevant to this area of interest:
-
- From Liability Management to Lender-on-Lender Violence | 11:10 a.m. – 12:10 p.m.
(Harold Kaplan, Mark Hebbeln)
While there may be little new in certain creditors engaging in transactions intended to lift their positions against other creditors, there recently has been an increasing focus and level of umbrage and challenge brought against so-called “Lender-on-Lender Violence” Transactions, in which borrowers and certain (usually majority) creditors attempt to take advantage of arguable gaps in their indentures and other financing documents and negotiate priming, uptiering, unrestricted subsidiary and other transactions benefitting themselves over other (minority) creditors in the same priority class. The panel will consider recent cases such as Trimark and TPC, and the legal issues and practical implications raised by Lender-on-Lender Violence Transactions, including the implications of the timing of often volatile asset valuations.
- From Liability Management to Lender-on-Lender Violence | 11:10 a.m. – 12:10 p.m.
- Crypto: How 2022 Will Affect The Future Of The Digital Currency Industry | 4:10 p.m. – 5:10 p.m.
(Patrick Daugherty)
2022 has been a challenging and confusing year for crypto. The Chapter 11 proceedings of Celsius and Voyager have placed centralized cryptocurrency platforms under the scrutiny of customers, the Bankruptcy Court, the Department of Justice, and regulators. Bitcoin, the world’s flagship digital asset, is down again markedly from its all-time high achieved most recently in November 2021. Ethereum’s “merge” in September 2022 changed its consensus mechanism from mining to staking, reducing its carbon use by 99%. What are the implications for investors and what challenges/opportunities does 2023 hold?
To learn more and register to attend, please click here.
People
Related Insights
April 14, 2026
Foley Career Perspectives
Trust Your Instincts: Susan Pravda on Leadership, Relationships, and Resilience
Foley partner Susan Pravda is a business lawyer focused on mergers and acquisitions, venture capital, initial public offerings, and related securities transactions and is head of Foley’s Health Care & Life Sciences Sector. She also serves as the firm’s chief strategic talent acquisition partner.
April 14, 2026
Blogs
When to Litigate and When to Walk Away
Clients faced with defending or initiating litigation often begin with the question: “Can we win?” The question sounds simple enough, and if the law is favorable, the instinctive answer might be “yes.” But “winning” in court doesn’t happen, and can’t be evaluated, in a vacuum. In reality, the odds of success in litigation depend not only on the law and facts of the case but also on any business constraints and potential consequences.
April 14, 2026
Foley Viewpoints
Private Equity in Q1 2026: Resilient Activity, Constrained Capital Environment
PE deal activity remained robust in Q1 despite being down QoQ, with 5,100 transactions valued at $481.6 billion. Exit activity was also down but still healthy, with 975 transactions valued at $306.7 billion. Fundraising activity remained soft, with only $86 billion raised in Q1.