No CLE

Panelists will discuss ethical issues relating to due diligence and debtor and creditor actions online as well as practice pointers for engaging in social media.

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.

Individuals with disabilities or with limited English proficiency often require accommodations to successfully access the relief afforded by the bankruptcy system. This requirement applies whether individuals are debtors or creditors. The panelists will discuss accessibility issues and the provision of reasonable accommodations to enable debtors or creditors with differing abilities to access the bankruptcy system. They will also provide practical steps that can be taken to ensure compliance with the Rules of Professional Responsibility, the Bankruptcy Code and the Americans with Disabilities Act. The panel will explore these issues from the perspectives of counsel, judges and the U.S. Trustee’s Office.

Individuals with disabilities or with limited English proficiency often require accommodations to successfully access the relief afforded by the bankruptcy system. This requirement applies whether individuals are debtors or creditors. The panelists will discuss accessibility issues and the provision of reasonable accommodations to enable debtors or creditors with differing abilities to access the bankruptcy system. They will also provide practical steps that can be taken to ensure compliance with the Rules of Professional Responsibility, the Bankruptcy Code and the Americans with Disabilities Act. The panel will explore these issues from the perspectives of counsel, judges and the U.S. Trustee’s Office.

In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.

In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.

This panel will discuss what happens when an estate is administratively insolvent, when principals/owners can be liable, reclamation claims and permit-blocking issues, when you can abandon, why secured creditors won’t foreclose, nonprofits’/foundations’ role in clean-ups, and brownfield development. The panelists will then focus on the impact of the Trump administration on these issues, as well as various regulators’ roles (such as the EPA and state regulators).