No CLE

From selection of the right forensic accountant all the way through trial, the interaction between lawyers and forensic accountants can make or break a case. This webinar will discuss the practical considerations and dynamics between the two types of professionals during all phases of a case. Defining their roles in the midst of the ever-changing needs of a case can be challenging, and lawyers and forensics accountants must work side by side in detecting and proving fraud. The speakers will address issues arising in the relationship between lawyers and forensic accountants during the discovery process and the settlement process, in preparing the expert witness, and ultimately in collaborating yet maintaining their separate roles at trial. ABI will seek 1.5 hours of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. ABI does not seek direct accreditation of live webinars in KS. Credit hours granted are subject to approval from each state, which may not be determined prior to the program.

This webinar will focus on how pending criminal or regulatory proceedings may affect the estate’s pursuit of litigation claims arising from a commercial fraud case. Speakers will address the Fifth Amendment, coordinating with the criminal and regulatory authorities for items such as file-access requests to the SEC, potential stays of civil litigation, asset forfeitures, and more! This panel not only includes attorneys who have dealt with these issues, but also attorneys who previously worked for the U.S. Attorney’s Office or the SEC.

HOSTED BY THE ASSET SALES COMMITTEE Is the absolute priority rule dead? This webinar discusses the In re Jevic holding and its implications in various contexts, including asset sales and chapter 11 plan confirmations.

This program explores various labor-related issues arising in large chapter 11 cases, specifically as they related to proceedings involving coal producers. Panelists will focus on topics such as workforce implications of bankruptcy, rejection of collective bargaining agreements, payment of benefits to retirees, the Coal Act, the Black Lung Act, and the role of the Pension Benefit Guaranty Corporation. The discussion will offer perspectives from recent coal cases and practical suggestions for analyzing labor-related questions in the current chapter 11 environment. If you require CLE credit please contact ABI at (703) 739-0800

The webinar will discuss various rules and orders governing the process of mediation in bankruptcy, focusing on Ch.5 causes of action. The webinar also explores time tested strategies for resolving avoidance actions at the mediation.

“This panel will discuss how to deal with the public debt and equity securities in the plan solicitation and distribution process. Topics will include (i) a general discussion of the plan solicitation process and how the bankruptcy code provisions intersect with the federal securities laws, (ii) issues of particular interest to indenture trustees and holders of notes, including issues relating to adequacy of notice, voting and solicitation concerns and an update on recent indenture-related litigation, and (iii) an overview of the complex issues that may arise during the distribution process, both to equity and bond holders, including notice, trading and payment issues.”

HOSTED BY: HEALTH CARE AND SECURED CREDIT COMMITTEES The restructuring of continuing care retirement communities (CCRCs) has increased in recent years. CCRCs provide senior citizens with a continuum of care, comprised of independent living, assisted living and skilled nursing. Residents pay an upfront entrance fee, which often is 75%-90% refundable, and a monthly maintenance fee. The need to repay entrance fees with funds from entrance fees paid by subsequent residents makes CCRCs particularly susceptible to variances in occupancy, and the upfront payment of entrance fees exposes CCRCs to rising health care costs. CCRC bankruptcies are further complicated by the need to ensure quality care for current residents and the oversight of the state attorney general’s office and other regulatory authorities. This webinar will explore these issues and other potential pitfalls of CCRC bankruptcies. var code1 = false; var code2 = false; var code3 = false; jwplayer('mediaspace1').setup({ 'flashplayer': '/sites/default/files/jwplayer/player.swf', 'file': 'https://s3.amazonaws.com/abi-sessions/2016/ABI_Live/LIVE16_RES_RestructuringCCRC_720.mp4', 'controlbar': 'bottom', events: { onTime: function(event) { if (event.position >= 1200 && code1==false) { this.pause(); alert('Save CLE Code: 96514'); this.play(); code1 = true; } if (event.position >= 2400 && code2==false) { this.pause(); alert('Save CLE Code: 40172'); this.play(); code2 = true; } duration = jwplayer().getDuration(); if(duration > 4199){ if (event.position >= 4200 && code3==false) { this.pause(); alert('Save CLE Code: 58713'); this.play(); code3 = true; } } } } });

In his popular poem, All I Really Need To Know I Learned In Kindergarten, writer Robert Fulghum proclaimed: “Most of what I really need To know about how to live And what to do and how to be I learned in kindergarten.” Attorneys and others in the legal profession are often required to address challenging questions about ethics and unprofessional behavior. When faced with these issues, would you make the “right” call? You be the judge with interactive voting when faced with real issues from actual scenarios attorneys have had to address.

Knowing who your client is and what duties you have is a problem in cases ranging from the mega Caesars bankruptcy case to actions involving a distressed small family business that is jointly owned by several relatives. This presentation will address several attorney/client ethical issues, both in and out of bankruptcy, when jointly representing clients, including practical considerations when representing a group of closely related businesses, attorney/client privileges between multiple clients, and state and federal law ethical issues related to “who is your client.”

A panel of eminent U.S. professionals will discuss current trends in U.S. insolvencies and restructurings, explore current legislation, comment on developments in the financial sector for distressed lending and highlight any emerging trends.