No CLE

Your pleadings and briefs are the first, often the last and typically the most comprehensive opportunity you have to persuade a court. This panel will provide you with essential guidance for effective and persuasive written advocacy at both the trial and appellate levels.

This panel will first review the scope and types of coverage actually found in a typical E&O Policy and D&O Policy. Second, the Panel will discuss how claims are made under these policies with emphasis on how to assert or plead a claim so as to preserve coverage. Third, the Panel will discuss the law governing the treatment of such policies as “property of the estate” and finally, they will review the treatment and possible priority of claims that are asserted and adjudicated against the Debtor prepetition.

A judge and law professor discuss important areas that raise ethical issues, including the selection, usefulness and credibility of witnesses such as valuation experts; the ethics of advocacy and the role of zealousness; and stories about the surprising mistakes that people make.

This panel will explore the struggles of being both civil and persuasive and how our actions affect the reputation of the legal profession in society. The panel will also provide an update on the status of the ABI Civility Task Force.

This panel will focus on the ethics of limiting the scope of employment as well as attorney's fees in Chapter 7 and how they get paid.

This panel will discuss valuation, motion to lift stay, objections to claim and adversaries.

This panel will discuss the various types of evidentiary privileges that arise in bankruptcy practice — including joint-defense privilege, Fifth Amendment, attorney/client privilege and husband/wife privilege — and how they may be inadvertently waived. The session will also include what happens to these privileges in connection with 363 asset sales, the establishment of liquidating trusts and other sticky issues.