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
January 2, 2026
Manufacturing Industry Advisor
Federal Court Denies Claim that Franchisor Is a Joint Employer with Franchisee
A federal court recently dismissed employment discrimination claims against a franchisor asserted by its franchisees’ employee after…
December 29, 2025
Tariff & International Trade Resource
Mexican January 2026 Tariff Tsunami: Maquilas Aren’t Immune
On January 1, 2026, Mexico will increase its general import tariff rate (known as the most favored nation (MFN) rate). The increase will be in the range of five to fifty percent, impacting 1,463 eight-digit tariff lines encompassing thousands of products originating in countries with which Mexico does not have a free trade agreement (FTA or the measure).
December 24, 2025
Health Care Law Today
Gender-Affirming Care: Multi‑State Lawsuit Challenges HHS Declaration
As previously discussed in Foley’s healthcarelawtoday, on December 18, 2025, the U.S. Department of Health & Human Services (HHS) held a press conference focused on what it defined as “sex rejection procedures” (SRPs), also known as gender-affirming care (GAC) for minors, and outlined next steps.