No CLE

Parties can view social media as a treasure-trove of information: Does a debtor discuss assets on Facebook that are not found on the schedules? Do parties make statements in their online posts that conflict with legal positions they are taking in bankruptcy court? Does the ethical duty of a reasonable investigation encompass an obligation to investigate a client’s social media activity? This panel of experts will review the ethical obligations of investigating social media websites of clients and parties, and what may — and in some cases, must — be done to remain zealous advocates.

This panel will explore the ethical boundaries of secrecy and confidentiality issues in a bankruptcy case. May and should a creditor/attorney for the debtor serve on a creditors’ committee, and to what extent may relevant information be divulged? To what extent may an attorney reveal information received by him/her during a retention interview if he/she is not hired but is later retained by another party? What problems arise if information to be divulged by one client could have an adverse impact on another? To what extent does a debtor’s duty to reveal information trump its desire to protect business secrets, and how should the situation be handled? Can a case tolerate disparate scopes of information being given to parties in interest? Do the ethical issues change with the “environment” (court, mediation, negotiation, pitch for business)?

This panel will focus on the continuing role of creditors’ committees in the current chapter 11 environment. As the fulcrum of security moves up the balance sheet, the utility of committees has been coming under attack. Although historically committees have consisted primarily of trade creditors, they now regularly include bondholders, indenture trustees, the PBGC and unions. Learn about the challenges for professionals representing committees and the way committee members evaluate how to fulfill their fiduciary duties.

Discussion and debate about the venue statute (28 U.S.C. § 1408) and whether it should be modified; special issues involving venue for chapter 15 (including for Chinese companies); impact of venue controversies on UCC selection, first-day orders, and other early issues and decisions; could claims arise from improper venue selection?

Join a distinguished and experienced group of panelists as they discuss the recognition process and cross-border nuances of chapter 15, including how to prepare a chapter 15 case, strategic considerations and advising non-U.S. clients about the risks and benefits of the chapter 15 recognition process, as well as the cutting-edge legal issues that have arisen now that cross-border insolvencies and chapter 15 have become more prevalent.