2023 Winter Leadership Conference

Judicial Debate: Tough Issues in Subchapter V Cases Past Presidents Debate: The Efficacy of Third Party Releases

This panel will explore recent trends in commercial fraud and the resulting bankruptcies, examine the role of technology in those cases, and consider how these cases will evolve in the future.

Focusing on mediation in noteworthy cases, the panelists will discuss their thought processes when deciding whether to mediate, and how they go about selecting a neutral in cases both large and small. The panelists will explain how they select mediators, how they work with them, and the useful qualities they look for in mediators.

This panel will dive into the intersection of cryptocurrency and bankruptcy by reviewing notable cryptocurrency case decisions, including Celsius Network LLC. The panelists also will explore issues concerning fraudulent transfer litigation in cryptocurrency cases, and the recovery of crypto assets in matters involving fraud and international asset recovery.

With a focus on providing practical advice in an interactive forum, this panel will discuss issues that arise in automatic stay and discharge violation matters, including a review of evidentiary hurdles, the determination of damages, procedural tips and traps, and the impact of Taggart on these disputes.

Through case studies (FTX, SVB and LeClair Ryan), this panel will discuss the importance of corporate controls and share best practices for implementing strong corporate controls.

The life cycle of an SPAC is continually evolving — and in recent history, some cycles have included bankruptcy proceedings. This panel will go through what an SPAC is and what it means to “deSPAC,” and will examine post-deSPAC'ed companies against the backdrop of the current, sometimes turbulent economy. The panelists also will discuss when bankruptcy is (or isn’t) an option for a de-SPAC'ed company, and how a bankruptcy case may (or may not) be different for such a company.

This panel will provide an interactive presentation focused on litigating fraud in consumer cases under §§ 523 and 727. The panelists will focus on collateral estoppel issues, procedural considerations, tips for discovery and the development of relevant evidence, and will provide practical advice about handling these cases before the courts.

Many industries have incorporated artificial intelligence (AI) into their operations over the last several years, including the legal industry. This panel will discuss the current status of the use of AI in the legal industry, and will explore the ethical implications and obligations of practitioners when using (or not using) AI. Is AI the answer to increasing access to justice? What are lawyers’ ethical obligations when using (or not using) AI? How have lawyers gotten into trouble when using AI?