No CLE

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.

Hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees Navigating the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.

What are bankruptcy crimes, what are the duties of the various parties in a case to investigate and report them, and what are the protections for those who do? The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception; recent cases suggest that a “fraud” that may trigger the crime/fraud exception to attorney/client privilege and that the work-product doctrine may not be limited to crimes and serious frauds, but rather may include transactions exhibiting only some “badges of fraud,” such as fraudulent transfers (Fragin, Husky International).

Recent court decisions on legal ethics of which you should be aware. Come join an interactive discussion on the latest examples of unethical behavior — you may be surprised by what you hear.

This panel discusses attorney’s duty to uphold the law and how bankruptcy counsel must avoid “crossing the line” while representing his client, the result being not just civil, but criminal, liability.

It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.

This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.

This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.

This panel will discuss special problems in ag-based DIP financing and cash collateral use and dealing with tax claims and pre-petition sales.

This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.