No CLE

Judges throughout the Mid-Atlantic region will square off to debate hot topics in insolvency.

The participating judges will respond to questions submitted from attendees in advance of the event.

This panel will provide updates on the most important governance and other similar issues faced by debtors, including how to advise equity owners.

Sir Ivan Rogers career in the U.K. civil service previously included work for British politicians Kenneth Clarke and Sir Leon Brittan, and he was chosen in 2003 to be Principal Private Secretary to then Prime Minister Tony Blair. From November 2013 to January 2017, Rogers took on the role of the U.K.’s Representative to the European Union in Brussels. Following the Brexit referendum in June 2016, Rogers resigned his position in January of this year to permit a smooth handover to his successor who would conduct the Brexit negotiations. His experience of the inner workings of the EU give him a unique insight into how the Brexit negotiations may play out and, coupled with his work in the Treasury and the City, he will be able to give our audience an intellectual view of how the land lies.

Noted practitioners will address recent developments and emerging trends in energy exploration and development companies.

Do you know and understand what’s in your DIP order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent language, overreaching requirements, misinterpretation or fundamental flaws. Panelists will navigate the typical DIP motion through drafting to final order.

This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle; (2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing a value/tax basis in litigation claims and other assets transferred to a trust or LLC; (d) key plan provisions such as preserving 2004 discovery rights, creditor oversight, continuing court oversight, required reporting and the retention/transfer of the attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case; and (g) structured dismissals following asset sales as an alternative to a liquidating plan (Jevic). Is it preferable to liquidate outside of chapter 11?

Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives. Consequently, in most cases litigation must be viewed as a business decision. This panel will discuss these important issues and take the audience down the litigation and settlement road: (1) pre-filing the complaint; (2) early disclosures to opponents; (3) early motions; (4) discovery and discovery disputes; (5) pre-trial motions (e.g., motions for summary judgment); and finally (6) trial. The tactics and strategies often used during these steps to promote or advance settlements that best favor clients will also be addressed.