No CLE

New and emerging issues in intellectual property monetization and valuation in and out of bankruptcy court, including recent case updates from Radio Shack, and Facebook; emerging issues on ownership and valuation of social media accounts, and other recent intellectual property valuation issue beyond the basics.

This program will explore current hot-button topics relating to the drafting and confirmation of chapter 11 plans. The issues discussed will including drafting to accommodate, as well as to either encourage or discourage § 1111(b) elections, and the strategy of holders of secured claims in either making or not making that election. It will also include a discussion of third-party releases and injunctions, using recent cases in the First Circuit to illustrate when such releases are, and are not, appropriate. Finally, the panel will explore the tension between class-skipping carve-outs or “gifts” and the requirements of confirmation, how to deal with corporate debt defined by § 1141(d)(6) as being not dischargeable, compensation of committee members and the role of existing equity.

When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.

This panel will discuss how the D&O insurance policy of a company in chapter 11 is impacted by the company’s filing, and will include property-of-the-estate issues, stay relief and court authorization, and how to use the proceeds to drive settlements.

The impact of a bankruptcy filing on a consumer debtor’s tax liabilities requires a reconciling of hazy IRC provisions with Title 11. Topics will include the impact on the debtor’s discharge for late-filed income tax returns, 1099s ((A) and (C)), 26 U.S.C. § 108, tax liens and their treatment under the Code (§ 724), and the pros and cons of filing a “stub” year tax return.

This session will focus on depositions in consumer bankruptcy cases, such as lien strips, objections to exemptions, good-faith challenges to chapter 13 plans, and dischargeability issues in consumer bankruptcy cases. All aspects of a deposition will be considered. How does one prepare to take someone’s deposition? How do you prepare your client to be deposed? How do you conduct yourself when representing the deponent? What can you object to? Can the deposition be stopped? How does one resolve objections and disputes during the deposition? What uses can be made of the deposition transcript at trial? Consistent with past years’ litigation sessions, this year’s panel will conduct demonstrations of depositions in real-world consumer bankruptcy settings.

The stakeholders in the Puerto Rico debt crisis – the bondholders, the pension creditors, the residents and the politicians - can learn much from the Detroit bankruptcy case. Based on his judicial experience with the Detroit bankruptcy case and his recent work with Puerto Rico, Judge Rhodes will address those lessons and the shared sacrifices that will be required from everyone to give the island a fresh start.

Chapter 11 filings are up in 2016, and so is the use of DIP financing. This panel of leading experts will discuss cutting-edge issues in DIP financing for large and middle-market cases, including how to leverage the best results whether you’re representing the DIP lender, subordinate secured creditors, debtor or creditors’ committee.

"This panel will address emerging professional responsibility issues in commercial cases, including a recent Seventh Circuit decision involving the duty to advise of alternative transactional structures and other competency issues that affect fee awards and liability, standards for fee awards, disclosure and disinterestedness problems, and conflict problems in retention and the curative limits of use of conflicts and special counsel. "

Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.