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Foreign Evidence Collection and Judgment Enforcement
This panel will discuss the key legal frameworks governing foreign evidence collection and judgment enforcement across several jurisdictions, including the U.S., England and the Cayman Islands. The panelists will discuss practical strategies for obtaining and using evidence from cross-border investigations in insolvency proceedings, including cross-border cooperation and recognition mechanisms, as well as discovery tools such as § 1782 and Rule 2004, Norwich Pharmacal orders and officeholder powers.
Doing the Right Thing (in Court): Gratifying Some and Astonishing the Rest
This panel will address the expectations for professionalism and civility in the conduct of litigation in and out of court, examining the different perspectives of the U.S., U.K. and Colombia in regards to their respective ethics rules and cultural frameworks.
Fraudulent Trading Claims
This panel will provide an in-depth examination of the statutory frameworks governing fraudulent transactions in both the Cayman Islands and the U.S. Through a comparative lens, the discussion will analyze how different jurisdictions approach avoidance actions and fraudulent-transfer claims. The panelists also will explore recent and influential decisions from the U.S., Cayman and English courts — including Bilta and Air Arabia — to illustrate emerging trends and judicial reasoning in cross-border insolvency matters. The session will conclude with a practical discussion of the strategic considerations, procedural hurdles and real-world challenges insolvency practitioners face when investigating and pursuing fraudulent transaction claims across jurisdictions.
Hot Off the Blockchain: Current Crypto Case Law
This panel will analyze evolving approaches to the characterization of digital assets, focusing on the treatment of crypto in the GENIUS Act and the implications for priority, setoff, and customer vs. estate property rights. The panelists will discuss key recent decisions, including In re Prime Core and Celsius, addressing what constitutes property of the estate, the contours of constructive trusts and tracing, and the allocation of rights among customers, lenders and estate fiduciaries. The panel also will examine the legal status of stablecoins, including whether any super-priority liens can prime lawyers’ retaining or charging liens, and will assess the latest FTX decisions on sanctions, OFAC, and the permissibility of transfers to creditors in restricted jurisdictions such as China and Russia. Collectively, the panelists will present a practical framework for advising clients and litigating crypto-related insolvency issues across jurisdictions.
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