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What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice
A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.
Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster
This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.
ESI and Ethics: How to Avoid Sanctions — and Worse
Emails, text messages, Snapchat: Nobody ever calls anymore. Firing off an email three minutes after somebody made you angry gives rise to any number of issues, one of them being that once the “send” button is hit, electronically stored information (ESI) is created. This panel will discuss the ethical duties to preserve and the discovery duties to produce ESI, and remedies for violations of either — including the duty to refrain from obstruction of access to evidence, the ethical duty to refrain from unlawful alteration or destruction of evidence (spoliation), and the duty to make diligent efforts to comply with discovery requests. Also covered will be the necessary protocols that clients should have in place prior to litigation, remedies for failure to preserve ESI under Fed. Rule Civ. P. 37(e), and other remedies for discovery violations. Amendments to Rule 37(e) (effective December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.
NEW SESSION! Puerto Rico: The View From The Inside.
Led by Luis Pabon-Roca, the host of the highest rated political radio show and of a televised political talk show, a panel of professionals involved in the Puerto Rico PROMESA proceedings and a jurist who has presided over a municipal bankruptcy will discuss the current political, social and legal conditions in the Commonwealth and before the court in the largest governmental entity insolvency proceeding in United States history.
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