Business

This panel will discuss the recent changes to the Federal Rules of Civil Procedure as they pertain to e-discovery, as well as recent case law interpreting the new rules in the bankruptcy context. Our e-discovery expert and our bankruptcy practitioners will discuss the rules from the perspective of debtors, creditors and litigation targets in commercial bankruptcy cases.

This program will address the ethical obligations and best practices to be used by bankruptcy professionals to protect client confidences and valuable estate property in the era of the data breach. The panel will review the rules governing the attorney/client privilege in U.S., The Caymans, and other jurisdictions, as well as the ethical obligations of professionals to secure client information in their possession to forestall the unwanted disclosure of such information due to a data breach.

This panel will discuss the intersection of cross-border insolvency proceedings, such as foreign receivership and/or liquidation proceedings, and U.S. bankruptcy proceedings through a case study of such recent cases as the Scrub Island Resort, Spa & Marina in the British Virgin Islands and the Baha Mar Casino & Hotel in the Bahamas. The panel will explore the issues that arise when these proceedings meet, the enforceability of orders emanating from each, the role that fiduciaries have therein, and the practical and legal differences, as well as advantages and disadvantages, between them.

This panel will address the legal and forensic issues arising from the newest iterations of this very old form of fraud, including recent cases in the Caribbean involving “reverse merger” schemes. Panelists include the fiduciaries appointed in the wind-up of the Telex Free and Peters Ponzi schemes, two of the larges schemes in history and both with deep connections to the Caribbean.

This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.

This panel will discuss the latest cross-border insolvency decisions from U.S. and Caribbean courts.

Every reorganized debtor’s chapter 11 confirmation order has a § 1129(a)(11) finding that confirmation is not likely to be followed by the liquidation or further need of financial reorganization of the reorganized debtor. Nevertheless, it is common to see chapter 22s and chapter 33s in bankruptcy courts. This panel of leading financial advisors and industry experts are on the front lines of successful and not-so-successful restructurings. They will also discuss the myriad reasons that chapter 22s and chapter 33s occur and the lessons learned from those cases.

As the financial health of many of our municipalities continues to deteriorate, this very timely discussion, with experts experienced in the largest cases, will provide the pros and cons of a chapter 9 filing.

This session will cover a variety of topics related to litigating claims in bankruptcy. It will explore both strategic considerations behind and the mechanics of asserting and contesting claims. Starting with the necessity and wisdom, or lack thereof, of filing proofs of claim, the program will go on to discuss the need for and sufficiency of supporting documentation, the mechanics of objecting to claims, the initial and shifting burdens of proof when a claim is contested, and the best practices in litigating contested claims from both the claimant and the estate representatives’ perspectives. The program will also cover issues regarding limitations on a bankruptcy court’s authority to adjudicate claims, estimation of claims and/or temporary allowance of claims, and late-filed claims, including the overlay of other nonbankruptcy statutes on such claims, most notably the recent case law relating to the impact of the Fair Debt Collections Practices Act on late or expired claims.

Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.