Consumer

The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel will explore the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends.

This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.

This panel will discuss litigation funding, conflicts and disqualifications, client complaints, mediation and dealing with pro se litigants.

This interactive discussion will identify and discuss the issues that attorneys who practice in the insolvency area should comprehend and consider in the complicated interactions between director and officer liability insurance and bankruptcy law. The discussion will also include a review of recent decisions that have an impact in this developing area. The panelists will address the pitfalls and challenges in realizing value on D&O policies; effective approaches for challenging them, including how to interpret policies, what to look for in the policies, and strategies and solutions that address policy exclusions; unique bankruptcy issues; and differences among cases involving trustees and debtors in possession. Audience questions will be solicited in advance.

Domestic asset-protection trusts are now available in 20 states. This panel will introduce the concept of domestic asset-protection trusts and discuss their treatment in and out of bankruptcy.

This panel will explore and discuss ethical issues that arise in consumer practice. The panelists will reviewrecent cases and provide hypotheticals to invoke audience participation and discussion regarding topicsrelated to attorney fees, conflicts, and attorney/client privilege and confidentiality.

The Fair Debt Collection Practices Act and the Real Estate Settlement Procedures Act play increasingly critical roles. This panel will introduce and explain the most important features of the FDCPA and RESPA.

Sponsored by Huron