2017 Winter Leadership Conference

Professional Development Track: Litigation Skills Mock Expert Examination R. Scott Williams, Moderator Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala. Judge: Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Las Vegas Direct Exam: Dillon E. Jackson Foster Pepper PLLC; Seattle Cross Exam: Lynnette R. Warman Hunton & Williams LLP; Dallas Witness: James Peko Grant Thornton LLP; New York

Professional Development Track - "I'm Shocked-Shocked!-to Find that Unethical Conduct Is Going On in Here!": A Tale of Ethics in Bankruptcy Our play will address the ethical pitfalls faced by the attorneys in the chapter 11 bankruptcy of Casablanca Snow Globes, Inc., a once-thriving manufacturer of world-class snow globes that has fallen on hard times due to cheap foreign competition, changes in consumer taste and unfair TSA regulations. Watch debtor's counsel struggle with whether she represents the debtor or its owner, as well as possible secret connections with the evil empire owned by Boris Badenough. Thrill to Boris's lawyer's problems with his various clients in this case, who are not always aligned (or sane). Our panel of experts will provide commentary on these critical issues, such as (a) who is your client; (b) what to do when clients don't tell the truth; (c) how to fulfill your obligations to be candid with the court; (d) how to avoid sharp lawyering practices; (e) best billing/fee application practices; and (f) conflicts of interest.

Financial Advisors Track - Advising the Corporate Entity This panel will explore the issues and challenges for lawyers and financial advisors arising in connection with advising companies on corporate-governance issues.

Financial Advisors Track - How to Create Value for the Estate from Your First Client Meeting until Entry of a Final Decree This panel will explore the ways in which financial advisors, investment bankers and chief restructuring officers can add value to a financially distressed company. Topics to be explored will include assessment of management, evaluation of asset quality, analysis of financial reporting, maintaining relationships with other stakeholders, creating operational improvements and other related endeavors.

June 23 marked the one-year anniversary of the Supreme Court's decision in Stern v. Marshall, in which the court held that a bankruptcy court lacks the constitutional authority to enter final judgment in a state law counterclaim. Since Stern, the growing trend is uncertainty among the courts in whether to interpret this standard narrowly or broadly. This cloud of uncertainty only makes the most complex matters worse when large-sum commercial interests may be at stake, impacting lenders, officers and directors and other stakeholders involved in litigation.

Hedge funds are an integral part of the current-day corporate restructuring world in larger cases. Some argue that their involvement provides added sources of liquidity and is beneficial to the process. Others contend that hedge funds' efforts to game the process and their singular focus on profits, often at the expense of reorganization, has transformed the restructuring process in a negative way. This panel of hedge fund players and restructuring advisors will debate these and other issues.

In today's society, many people use social networking (Facebook, LinkedIn, Twitter) as a communication tool on a constant basis. Some of these social networking tools can test ethical boundaries for all legal professionals. Social networking presents unique and sometimes complex ethical issues for bankruptcy professionals. For example, what happens if you're a chapter 7 trustee and you receive a friend request from one of your debtors or a judge? Can a chapter 7 trustee use Facebook as an investigation tool? Can or should a bankruptcy professional tweet about a chapter 11 case he or she is involved with? Earn ethics credits while you learn and discuss social networking issues in bankruptcy.

A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.

Phelps & Rhodes Productions Presents: Trustee and the Badoff Investor Class v. Bigbank—a Mock Trial