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ABI Journal

Emerging Industries And Technology Committee

emerging-industries-and-technology

EI&T Committee Member Spotlight

The committee is pleased to introduce its Committee Member Spotlight, a new newsletter feature that highlights members and their favorite things about ABI! Join us this quarter for our first installment featuring Rebecca F. Redwine, a partner at Hendren, Redwine & Malone, PLLC and the committee’s Education Director.

So-called “ultra-high-speed” delivery (UHSD) companies were a staple of the early pandemic metropolitan lifestyle. Apps and services like GoPuff and Instacart offered to have anything from diapers and detergent to cigarettes and beer sitting on your doorstep in 15 minutes or less.

Readers of this newsletter will note our regular interest in the chapter 11 proceedings of Cred Inc. and its affiliates.

A recent decision in the criminal case against the founder of a now-defunct-but-once-cutting-edge life science start-up affirmed that corporate attorney/client privilege lies in the hands of estate fiduciaries, not the company or its executives.

On March 1, 2021, Brazos Electric Power Cooperative, Inc. filed for chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of Texas. In its first-day pleadings, Brazos cited the catastrophic weather events in Texas in February as the sole cause of the company’s insolvency.

On March 11, 2021, Cred. Inc. and its affiliates confirmed a liquidating plan under chapter 11 of the U.S. Bankruptcy Code.

Despite the challenges of the COVID-19 pandemic, 2020 was a successful year for the Emerging Industries and Technology Committee. Committee membership has steadily increased over the last year.

The Crescent Dunes Solar Energy Project in Nye County, Nev., is one of the largest utility-scale solar power plants in the U.S. The project utilizes more than 10,000 heliostats, or large mirror assemblies, to collect and focus the sun’s thermal energy, which the project then uses to generate electricity for sale.

It is a commonly accepted rule across the country that if a debtor has direct connections with marijuana – for example, cultivating the plant or leasing space to a dispensary or grow facility – that the debtor cannot seek relief under the U.S.

On Sept. 15, 2020, Flywheel Sports Inc. and its affiliates filed chapter 7 petitions with the U.S. Bankruptcy Court for the Southern District of New York. Flywheel’s filing continues the trend of gym and personal fitness companies, including venerable national chains Gold’s Gym and 24 Hour Fitness, seeking bankruptcy protection during the COVID-19 pandemic.

This panel covers the intersection of artificial intelligence (AI) with bankruptcy, intellectual property law and secured transactions law. The panelists explore several questions that current law does not address or insufficiently addresses, such as: Who owns inventions created by AI? Do inventions created by the AI owned by a debtor company become property of a debtor company’s bankruptcy estate? Can a creditor obtain a security interest and perfect a security interest in the things AI creates?

Get ready to dive into the future of health care as we uncover the revolutionary impact of AI! Following a dynamic overview of the current AI landscape and its rapid advancements, this panel will discuss groundbreaking AI applications and the subsectors and players set to thrive — or falter — as AI reshapes the health care landscape. The panelists will share investment trends and speak to the enthusiasm of private equity and lenders for AI innovations. Risks will be considered, including the workforce impacts, cost, regulations and potential hurdles that come with AI.

This panel will consider and discuss practice points, deployment of technology, and ethical considerations for attorneys following the COVID-19 pandemic.

This panel will discuss the following issues regarding crypto, distinguishing customer property from property of the estate, understanding crypto valuation issues, distribution options in crypto cases, M&A risks and pitfalls, effectively using social media to communicate with a large customer base, juggling cash and crypto management, and debtor-on-debtor violence.

On February 15, 2023 the Emerging Industries and Technology Committee co-hosted its Look Ahead to 2023 with the Mediation Committee. The Emerging Industries and Technology Committee focused its presentation on its release of ABI Tech Bytes, an ongoing series of podcasts for ABI membership. Multiple podcasts are in production for release by the Annual Spring Meeting and this Committee is soliciting ideas from ABI membership for issues and content they would like to learn more about.

This panel of experts will discuss the latest trends in the wind, coal, and oil and gas industries that have dominated the headlines, with special emphasis on new regulatory issues and changes in the energy market.

This panel will explore the basics of blockchain — which is quickly becoming a major sector of the insolvency world — and its inevitable impact on bankruptcy cases.

Hosted by the Health Care, Real Estate, and Technology and Intellectual Property Committees This panel will explore the rapidly changing world of information technology and medical device technology, and how it is transforming the health care system in America. Just as importantly, the panelists will discuss the financial implications and issues impacting health care providers due to the costs associated with these technological changes, and how they are dealt with in the circumstance of a financially distressed health care business.

This panel hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories."

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

Tara J. Schellhorn

Tara J. Schellhorn

Co-Chair

Morristown, NJ

Riker Danzig LLP

(908) 578-0936

Jarret P. Hitchings Esq.

Jarret P. Hitchings Esq.

Co-Chair

Charlotte, NC

Bryan Cave Leighton Paisner LLP

(704) 749-8965

Camille C. Bent

Camille C. Bent

Communications Manager

New York, NY

BakerHostetler

(212) 589-4613

Patricia K. Burgess

Patricia K. Burgess

Education Director

Nashville, TN

Frost Brown Todd LLC

(615) 251-5589

Evan T. Miller

Evan T. Miller

Newsletter Editor

Wilmington, DE

Saul Ewing LLP

(302) 421-6800

Jill B. Bienstock Esq.

Jill B. Bienstock Esq.

Special Projects Leader

Florham Park, NJ

PwC

(201) 803-0420

Megan Ford

Megan Ford

Special Projects Leader

Columbia, MD

Computershare Corporate Trust

(667) 786-1078

Amy A. Quackenboss

Amy A. Quackenboss

Executive Director

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Karim Guirguis

Karim Guirguis

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Chris S. Thackston

Chris S. Thackston

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Carolyn M. Kanon

Carolyn M. Kanon

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

Jourdana Claibourn

Jourdana Claibourn

Staff

Alexandria, VA

American Bankruptcy Institute

(703) 739-0800

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