Business

This lively roundtable discussion will focus on adherence to local rules for purposes of malpractice prevention, civility among litigants’ counsel, professional responsibility, and related ethical considerations for practitioners by undertaking a multi-jurisdictional exploration of some of the most well regarded and most reviled local bankruptcy and district court rules, providing attendees with an opportunity to measure particular rules’ efficacy, practical effects and unintended consequences.

This panel will address best practices and evidentiary issues regarding the testimony of experts. The issues will be presented in a mock-examination format with audience participation.

This panel will provide an evidence overview and primer to cover the surface issues and underlying basic evidence considerations practitioners should contemplate for their practices.

This panel will discuss the use of third-party litigation financing in bankruptcy and in litigation and liquidation trust matters, and will address such issues as the different causes of actions and general characteristics of litigation considered, uses for funds and the general structure of financing, ethical issues concerning the funder relationship, and examples of successful uses of litigation financing — as well as things that can go wrong and how to avoid them.

This panel will discuss several leading bankruptcy cases making the headlines, and some of the issues, decisions and challenges unique to those cases.

This panel will focus on various forms of alternative dispute resolution, including a discussion of mediation, the benefits of mediation, when mediation is appropriate, determining the best type of mediator for your case and selecting a mediator, and tips for practitioners on the best ways to provide effective mediation presentations and briefings. The panel will also cover the benefits and detriments of arbitration, arbitration strategies, and the enforceability of arbitration provisions in bankruptcy.

Provocative Ideas Worth Spreading in the Bankruptcy Community: • Divisive Mergers • Retail Bankruptcies: Where We’ve Been and Where We’re Going • Derivatives in Bankruptcy: The Basics • New UST Fees and Their Potential Impact

Join experienced practitioners in a historical look at the U.S. Bankruptcy Code from 41 years ago to today, and where the Code may go in the future. Learn the challenges of practicing under the Bankruptcy Act in the 1970s, from the “first meeting of creditors” in front of a bankruptcy judge to reaffirmation of debt and filing two petitions for a husband and wife. How did attorneys, debtors, creditors and the courts adjust to the Code? How has the court and bar changed in terms of diversity? What is the importance of local precedent, and how was and is it disseminated? With the formalization of the bankruptcy courts, how did the judicial appointment, assignment of cases, and general contact and communication with the courts change? From the U.S. Trustee pilot program to the current model, how has the chapter 7 trustee appointment process changed, and what are the effects? How did local practice change, and how does it continue to evolve? What are the results of the exemption compromise and its effects on current practice?

Take a look forward as this panel predicts where the Code will be in the next 40 years. Will venue be mandated or constricted? How will student loans be handled? What technologies will be in the courtrooms of the future? Does current case law foreshadow what is to come? How will the international insolvency landscape change? Will there even be a need for bankruptcy?