Ethics

What are bankruptcy crimes, what are the duties of the various parties in a case to investigate and report them, and what are the protections for those who do? The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception; recent cases suggest that a “fraud” that may trigger the crime/fraud exception to attorney/client privilege and that the work-product doctrine may not be limited to crimes and serious frauds, but rather may include transactions exhibiting only some “badges of fraud,” such as fraudulent transfers (Fragin, Husky International).

Join this leading panel of experts as they discuss the most recent important chapter 11 decisions, including those involving limited liability companies, the § 546(e) safe harbor, make-whole premiums and successor liability.

Hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees Navigating the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.

It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.

This panel will address many of the thorniest ethical issues for consumer lawyers, including avoiding conflictof- interest issues as counsel in a failing case, counseling a client who will not take your advice, and counseling a mentally ill client.

Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals

This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel of Commissioners will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.