No CLE

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 session will examine the UNCITRAL Model Law recognition and enforcement of foreign insolvency-related judgments, and will update attendees on the current drafts related to enterprise groups and medium, small and micro-insolvencies.

This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation. Finally, the panel will explore the power and potential of ADR in the cross-border arena, looking at models for how cross-border insolvency issues have been handled procedurally and identifying types of disputes that are well-suited to resolution via ADR.

What are critical-access hospitals, and why are they important? This panel will discuss alternative solutions to producing additional cash flow for failing hospitals, which need to be closely scrutinized by health care professionals familiar with licensing, reimbursement, anti-kickbacks and patient-brokering limitations. The panel will also cover violations of the False Claims Act, Stark Law and Anti-Kickback Statute, as well as state law cases on patient-brokering and the questioning of medical necessity, clinical laboratory outreach programs, physician employment arrangements involving telemedicine, prescription programs and compounding, criminal statutes and DOJ/state regulator issues, how to reorganize legally, dealing with CMS (Medicare/Medicaid), nongovernmental and third-party commercial payers during a restructuring, and general rules on pass-through billing for outreach programs.

Technology is being used with increasing frequency to enhance the practice of law in complex chapter 11 cases. This panel discusses the use of cutting-edge technology in chapter 11 cases, including technology to collect and present data, prepare preference analyses, e-discovery, e-balloting and technology in the courtroom. The panel also discusses some of the challenges caused by technology, and how to avoid “death by data.”

This panel will discuss current developments in the law in the First and Second Circuits for both violations of the automatic stay and discharge injunction. We will analyze the unique consequences debtors may face when filing for bankruptcy and what might or might not violate the automatic stay (e.g., revocation of a driver’s license after an uninsured motorist files), and how corporations are able to address stay violations. The panel will discuss preparing both stay- and discharge-injunction-violation cases, including how to develop emotional-distress and punitive-damage claims, and possible additional claims to explore.