Ethics

Hosted by the Mediation and Ethics & Professional Compensation Committees.This session will examine the complex ethical challenges that arise when mediation and negotiation processes intersect with distressed scenarios, including conflicts between confidentiality requirements and disclosure obligations, navigating fiduciary duties in collaborative settlement discussions (particularly out-of-court RSAs), and managing professional responsibility issues in multi-party bankruptcy mediations. The panelists will provide practical guidance for attorneys, trustees, advisors and mediators on how to balance the informal and confidential nature of mediation with the heightened ethical and fiduciary standards required in insolvency contexts. Attendees will gain valuable insights into best practices for maintaining ethical compliance while effectively utilizing mediation/negotiation as a tool for resolving disputes and facilitating insolvency issues.

As artificial intelligence transforms the legal landscape, understanding how to effectively and ethically integrate AI into legal practice is essential. This panel will explore successful strategies for employing AI in legal workflows, offer insights into ethical frameworks and considerations surrounding its use, and provide a comprehensive overview of the current market of AI-powered legal technology solutions. Attendees will leave with practical knowledge to navigate the evolving AI legal ecosystem with confidence and responsibility.

This panel will consider and discuss practice points, deployment of technology, and ethical considerations for attorneys following the COVID-19 pandemic.

This panel will consider ethical issues in real estate bankruptcies involving candor to the court as to out-of-court happenings, considerations for debtor’s counsel and advisors in parsing entity vs. guarantor, and other insider issues.

This session will focus on artificial intelligence, disclosures, privilege issues and sanctions.

Generative artificial intelligence (Gen AI) has the potential to transform various industries, including legal practice, where it offers numerous advantages and some challenges. This panel will explore foundational concepts of Gen AI, its potential uses in bankruptcy law, and the necessary precautions attorneys must take to avoid ethical pitfalls.

Hosted by Commercial Fraud & Ethics and Professional Compensation Committees This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.

Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.

This panel will discuss the ethical implications of AI technologies and how they may affect valuation, including issues related to bias, fairness and responsible AI.