Business

This session will focus on several of the Model Rules of Professional Conduct, including 4.1 (Truthfulness to Others), 7.1 (Communications Concerning Lawyer’s Services) and 8.4 (Misconduct). The panelists will address compensation and diversity in U.S. law firms and the elimination of bias; the importance of diversity and inclusion regarding creativity and innovation, the correlation with financial performance, and improving the workplace and client relationships; and ways in which law firms can actively combat unconscious bias and make retention of diverse talent a priority. The Neiman Marcus case will be discussed.

Learn concrete trial and evidentiary skills in this lively mock examination.

Uncle Sam said “Take the money...everything will be OK”. Now, the IRS, SBA and Congress are changing the rules, creating new hurdles for distressed businesses. This panel dives into recent legislation in CARES II and the evolving legal and regulatory landscape governing access to, and repayment of, PPP and EIDL loans.

Getting paid in a world populated by bankrupt debtors is a tricky dance, but there are ways to make it happen. What you learn in this session is sure to be music (and money) to your ears! This panel will address chapter 7 fee bifurcation, effective chapter 13 fee applications and step-up plans, as well as practice-management profitability strategies, budgeting, billing and retirement.

This panel will review the implementation, practical effects, unintended consequences, and foreseen and unforeseen problems related to the Small Business Reorganization Act.

NO CLE Norman N. Kinel, Moderator Squire Patton Boggs; New York Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate. Pro: Hon. Ashely M. Chan U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Con: Hon. Eric L. Frank U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released. Pro: Hon. Janet E. Bostwick U.S. Bankruptcy Court (D. Mass.); Boston Con: Hon. Frank J. Bailey U.S. Bankruptcy Court (D. Mass.); Boston

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot! First Debate Cramdowns “East vs. West” Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration. Pro: Andrew Helman Con: Lindsi Weber Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration. Pro: Hon. Michael Fagone Con: Hon. Daniel Collins Second Debate Cramdowns “North vs. South” Resolution: Section 1129(a)(10) dictates that a joint chapter 11 plan may be confirmed if a single impaired class with claims against any debtor accepts the joint plan. Pro: Hon. Mary Grace Diehl & Jonathan Edwards Con: Hon. Michael Wiles & Erica Weisgerber

This plenary will present two exciting debates on timely circuit split topics. Judges will be paired with emerging regional leaders to face off over key bankruptcy issues. Resolved: The automatic stay terminates automatically after a repeat filing only to property of the debtor, and not to estate property. Resolved: A “makewhole” provision may be enforced against a debtor and is not disallowed as “unmatured interest” pursuant to Bankruptcy Code § 502(b)(2).

This panel features seasoned professionals discussing and demonstrating how to address and negotiate appropriate bid procedures and run an effective sales process. The panelists will discuss these issues in the presence of a judge through the presentation of a hypothetical sale that has more than its share of complicating factors. Sponsored by Perkins Coie LLP

The health care industry is plagued by fraud and abuse issues. What have we seen already, what do we anticipate seeing in the future, and what do health care providers need to know going forward?