No CLE

Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles? What resources are available to attorneys who find themselves subjected to inappropriate or actionable conduct? How may explicit or implicit bias and harassment play out in the adversary system and in negotiations, litigation and the courtroom? Finally, what is the role of the judiciary in addressing these critical issues? The panel will tackle these questions head-on in a plenary ripped from today's headlines.

This panel will review how consolidation, redevelopment and even brick and mortar vs. online are changing health care, and who is likely to prevail. The panelists will discuss which health care providers are likely to encounter the most stress in the future, and which ones may have ways to fix the American health care system.

This panel will discuss the challenges facing colleges and universities, and the financial advisor’s role in assisting stakeholders in addressing these challenges. The panelists will discuss the dynamics associated with turning around a college or university and how that process differs from the kinds of turnarounds that most professionals are familiar with.

Do unfair trading practices (UTP) in Europe represent a new Gold Rush, and how will they impact the restructuring and turnaround market? In this panel, TMA professionals will discuss potential solutions for and the future of these practices.

This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach. Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

This roundtable of experts will explore the unique aspects of health care and nonprofit bankruptcy cases, including, but not limited to, the reasons for the significant increase in health care bankruptcy filings, jurisdictional issues, regulatory approval requirements, and patient care ombudsman and HIPAA considerations, as well as criminal forfeiture and false-claim litigation while in bankruptcy.

This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.

Join leading bankruptcy scholars Professor Ronald J. Mann (Columbia), Professor Margaret Howard (Washington & Lee) and Professor Ralph Brubaker (University of Illinois) as they discuss Professor Mann's recent book, Bankruptcy and the U.S. Supreme Court. The presentation will not only focus on the most important bankruptcy decisions by the Supreme Court but also on the decision-making process that the Justices undertake to reach their conclusions. This session should not be missed!

While Courts of Appeal across the country recognize the doctrine of equitable mootness, there are substantial differences in approach: some circuits apply the doctrine liberally, even in cases that are arguably not complex; some circuits all but call for elimination of the doctrine. Dueling in the Lone Star State may, now, be strictly forbiddena"but come watch two of the nation's top appellate advocates face off in a courtroom showdown to settle long-standing feuds about equitable mootness. Presented as a highly stimulating mock oral argument before an esteemed panel of circuit judges, this program will ponder whether an appellate court can ever "unscramble the egg," as the advocates each try to "steer" the Bench to the right result.