abiLIVE Webinars

Join our panel in exploring the intersection of bankruptcy and IP. Panelists will discuss the rights of a licensee when a licensor files for bankruptcy, the rights of a licensor when a licensee files for bankruptcy, and how such rights can impact secured creditors. Discussions will include copyright licenses, patent licenses and trademark licenses, including the Tempnology case that was recently granted certiorari by the Supreme Court. Where are there areas of litigation that is most likely to arise in bankruptcy? What about sample language for license agreements? Or issues that can arise in the context of distressed M&A? Join us to find out!

On May 7, 2019, the Consumer Financial Protection Bureau (the “CFPB”) issued its Notice of Proposed Rulemaking related to the Fair Debt Collection Practices Act (the “FDCPA”). The CFPB has proposed several updates to the FDCPA, including: regulations regarding the use of emails and text messages; exemptions from the FDCPA for limited content messages; limitations on the number of telephone calls a debt collector can make per week; model notices and disclosures; and prohibitions related to time-barred debts and credit reporting. However, the proposed amendments do not address the confusion caused when a creditor subject to the FDCPA is required to communicate with a consumer that has filed a bankruptcy case.

Hosted by the Young and New Members Committee This webinar will examine the impact the ASARCO decision has had on disputes regarding fee applications. The speakers will analyze bankruptcy court opinions that have applied ASARCO’s principles, and then discuss remaining open issues, trends, and practice points.

Hosted by the Technology & IP Committee The use of technology in courtrooms is developing at a rapid pace. This webinar will offer the insight into the many ways in which technology may be used in bankruptcy cases. In particular, the webinar will include discussions regarding the various requirements in differing jurisdictions (both domestic and international in both Ch. 11 and Ch. 15) and offer the perspective of Judge Drain regarding how practitioners may use technology to improve their presentation in the courtroom.

Tax debts are often viewed as unsurmountable obstacles to a financial future. Both businesses and individuals have options. One popular program is the “Offer in Compromise”, which allows taxpayers to wipe out their tax debts for less than is owed. Bankruptcy is also a powerful solution for certain types of tax liabilities. This webinar will explore which resolution option will be the most effective restructuring tool.

Hosted by the Unsecured Trade Creditors Committee The speakers for this webinar will discuss creative plan provisions, confirmation issues, and other tactics used to ‘stack the deck’. In addition, the panel will discuss gerrymandering, vote incentivization schemes, drop dead provisions and golden shares, and whether or not these schemes constitute creative lawyer or a contortion of the Code.

The panel will discuss the different types of cyber fraud threats facing bankruptcy and non-bankruptcy fiduciaries and the need for advance preparation, including consideration of types of insurance available. The panel will provide general insight on fiduciaries preparation for, dealing with, and recovering from, cyber threats, and the impact of insurance coverage on these steps. This webinar is hosted by the Commercial Fraud Committee.

Hosted by the Business Reorganization & Unsecured Trade Creditors Committees This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.

.video-container { position:relative; padding-bottom:56.25%; padding-top:30px; height:0; overflow:hidden; } .video-container iframe { position:absolute; top:0; left:0; width:99%; height:100%; } Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.

.video-container {position:relative; padding-bottom:56.25%;padding-top:30px;height:0; overflow:hidden;}.video-container iframe {position:absolute;top:0;left:0;width:99%;height:100%;} Although Congress expanded the power of the bankruptcy courts to decide matters that were “related to” bankruptcy cases four decades ago, the United States Supreme Court’s decisions in Stern and Wellness have created uncertainty about bankruptcy court jurisdiction with which lower courts still struggle, and any litigator handling ancillary matters that relate to bankruptcy estates must understand and analyze jurisdictional strategies for the benefit of their clients. The webinar's panelists will discuss key issues regarding the limitations of bankruptcy jurisdiction, which may include frequently litigated issues concerning “related to” jurisdiction, consent for the bankruptcy court to issue final orders, the bankruptcy court’s power to enjoin litigation against nondebtors, the impact of jury demands, standards and strategies in withdrawing the reference of matters from the district court, and issues concerning the appellate process. Recent case of interest will be discussed.