No CLE

Technology has brought about radical changes in the energy industry, including the creation of new E&P companies, new cost structures and “just-in-time” revenue opportunities, and challenges to all companies in the production-to-consumer stream, including servicing and mid-stream. These changes, and the uncertainty regarding pricing and the evolution of new, unconventional competition, have led to a number of restructurings during the last cycle, as well as uncertainty on the appropriate capital structure and status for the industry going forward. As we transition from the last energy restructuring cycle of 2015-17, what is our takeaway from the key valuation and other issues that were faced? Does the industry require different thinking regarding the relative amounts of debt versus equity? What is the state of energy dealmaking and capital markets? Can we expect further industry restructuring and consolidation? What is the future of unconventional energy sources and traditional offshore sources? Our energy experts will examine these and other issues from a variety of different perspectives, including deal-making, judicial, legal, operations and financial.

As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs. third party, Gawker), who should control settlement as contingency counsel’s stake grows, and when payment of contingency counsel can be contested.

Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?

As fast-emerging technologies change the way we conceive of how we will practice law in the very near future, ethics rules will need to address this revolution. The panelists will discuss how to keep ahead of these developments and adapt our practices to best understand and address our developing ethical obligations.

This panel will explore key bankruptcy issues concerning the lawyer’s obligation to be “disinterested” and free from having adverse interests. How do these bankruptcy issues relate to the Model Rules of Professional Conduct, including RPCs 1.6 (“Confidentiality of Information”), 1.7 (“Conflict of Interest: Current Clients”), 1.9 (“Duties to Former Clients”), 1.18 (“Duties to Prospective Clients”), 3.3 (“Candor Toward the Tribunal”) and 4.1 (“Truthfulness in Statements to Others”)? The panel will also address the current state of affairs with respect to the allowance of fees incurred in defending fee applications and the use of in-camera disclosures in conjunction with retention-related issues.

This panel will discuss the scope of mediation privilege, including waiving privilege with co-clients, privilege in regards to small firms, the "at issue" waiver doctrine, and ethics and privilege issues related to technology.

Ethics FolliesA 2018 is a heavenly parody of the popular movie and Broadway show Sister Act. The original parody production is brought to you by The Association of Corporate Counsel, South/Central Texas Chapter (ACC).A The fully-produced comedy features attorneys, bankruptcy judges, and professional actors to create an ethics-filled performance that stimulates conversation and debate by raising awareness of litigation, transactional, and leadership ethics issues. The hilarious nuns and gangsters will make good ethics your new "habit" in this divine comedy. Presented by The Association of Corporate Counsel, South/Central Texas Chapter

This panel will discuss various ethical issues in consumer- and business-related bankruptcy cases and other restructurings.

In this session, a panel of experts examines the potential pitfalls and divergent case law regarding compensation and ethical issues in bankruptcy.

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.