No CLE

From issues of consent and matters of constitutional authority, to the all-important topic of professionals’ fees, the Supreme Court considered a number of issues critical to restructuring attorneys and advisors in 2015. Our panel of Supreme Court advocates and bankruptcy scholars will weigh in on the Court’s most recent term and provide expert analysis of the Court’s opinions and their applicability to everyday practice.

In the technology field, “Moore’s law” states that capacity doubles approximately every two years. This pace of change, the reduction in the use of paper and the corresponding increase in electronic data and “cloud storage” have given rise to a multitude of issues that significantly impact the everyday practice of law and must be considered by both law firms and lawyers. This session will cover best practices to minimize risks to clients and minimize malpractice risks to lawyers. Topics will include preservation or loss of the attorney/client privilege, the disclosure of confidential information or data protected by privacy laws, the use of multiple email accounts, forwarded and “reply all” emails, the use or prohibition of the use of social media, the encryption of documents, the scrubbing of metadata from documents, and e-discovery.

Hear it from the lawyer who represented Detroit in its Chapter 9 Case. David Heiman will discuss the many events that made this case the case that it was including the way the deal of a lifetime was made.

This program will address the ethical challenges to practitioners when dealing with difficult clients, ranging from the bully client to a client with a questionable background or a client that is being less than truthful. In a tough legal market when work is needed, client selection sometimes gets overlooked. This program will address what to do with a difficult client once engaged — and when it’s time to part company and how to do so. Finally, the program will also cover the ethical boundaries that sometimes get blurred by overzealous clients.

Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.

This panel will cover the critical relationship between professional responsibility and rules of discovery. The panel will discuss the pitfalls and common mistakes that attorneys make with digital discovery and electronic evidence.

This panel will present a roundtable discussion.

From labor disputes in the American Airlines case to the negotiation of chapter 9 plans for Detroit, Stockton and San Bernardino, bankruptcy judges have looked to their colleagues to serve as mediators. What is the impact of this practice? Does it change the dynamics among the parties? Is there a role for private-sector mediators? Going forward, will bankruptcy cases continue to be fertile ground for alternative dispute resolution?

This panel will address recent developments in SARE cases.