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What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice
A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.
ESI and Ethics: How to Avoid Sanctions — and Worse
Emails, text messages, Snapchat: Nobody ever calls anymore. Firing off an email three minutes after somebody made you angry gives rise to any number of issues, one of them being that once the “send” button is hit, electronically stored information (ESI) is created. This panel will discuss the ethical duties to preserve and the discovery duties to produce ESI, and remedies for violations of either — including the duty to refrain from obstruction of access to evidence, the ethical duty to refrain from unlawful alteration or destruction of evidence (spoliation), and the duty to make diligent efforts to comply with discovery requests. Also covered will be the necessary protocols that clients should have in place prior to litigation, remedies for failure to preserve ESI under Fed. Rule Civ. P. 37(e), and other remedies for discovery violations. Amendments to Rule 37(e) (effective December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.
NEW SESSION! Puerto Rico: The View From The Inside.
Led by Luis Pabon-Roca, the host of the highest rated political radio show and of a televised political talk show, a panel of professionals involved in the Puerto Rico PROMESA proceedings and a jurist who has presided over a municipal bankruptcy will discuss the current political, social and legal conditions in the Commonwealth and before the court in the largest governmental entity insolvency proceeding in United States history.
The Closely Held Business in Financial Trouble: Unraveling Conflicts Within the “Family”
When financial trouble hits the closely held business, a more complicated structure often lurks below the surface. What the “family” views as a single business may actually be several entities with a long history of intercompany transactions. Conversely, one generation may have transitioned out of the business but might still be receiving compensation from the business under the control of the next generation. The problems are heightened when your contact at the client is an individual who wears various “hats,” including president, board chair, CEO and potential defendant. How does the professional deal with the conflicts and consequences of transactions with insiders and affiliates, particularly where the financial resources of the business and individuals are already stretched thin before adding the layer of professionals that come with any bankruptcy proceeding? This panel of experienced restructuring professionals will discuss the legal, ethical and financial issues raised by family conflicts, and provide their unique legal insights and practical advice.
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