No CLE

Professional Development Track: The Dos and Don’ts of Discovery in the Bankruptcy World This panel will explore effective strategies for navigating the world of discovery in bankruptcy cases. Topics will include effective use of 2004 examinations, document subpoenas and deposition testimony, as well as other issues.

Professional Development Track: The Dos and Don’ts of Effective Oral Advocacy

This program will focus on the legal and business challenges that faced counsel to a debtor, secured lenders and franchisor in a hotly litigated, modest-sized Chapter 11 in Massachusetts involving a two-tiered ownership of six Planet Fitness franchisees. Filed in 2010 and ending with a confirmed plan in 2012, the case involved shifting allegiances, successive plans, alternative considerations of an asset sale vs a change in equity ownership depending on litigation with the franchisor, and a plethora of challenging issues, including (i) the contested settlement of litigation challenges to one secured creditor, (ii) the potential cram-down of a second secured creditor, (iii) the treatment of leases intended as security, (iv) disputed feasibility, (v) the ability to assume (and assign) the franchise agreements, (vi) whether the franchisor’s right of first refusal was enforceable, (vii) whether de-branding is a real alternative to a continuation of the franchise, (viii) whether the franchisor’s rights were waived during the case, and (ix) claims estimation. See In re Chicago Investments, LLC, 470 B.R. 32 (Bankr. D. Mass. 2012).

Professional Development Track: The End Game and How to Get There Utilizing a case-study approach, this panel will provide a primer for young practitioners on the goals, motivations and incentives that key constituents in a chapter 11 case have, and the techniques and strategies used to achieve such goals.

Financial Advisors Track: The Ethical Compass: Multiple Ethical Schemes Applicable to Financial Advisors This panel will focus on the variety of rules, statutes and codes that govern the conduct of financial advisors, including the Bankruptcy Code and Rules, TMA and AIRA Codes of Ethics, Licensure rules (e.g., for CPAs), state law governing trustee roles, etc.

This program will address ethical issues unique to the practice of bankruptcy law. With the increasing use of social networking sites, such as Facebook and Linked In, what ethical issues arise? What constitutes advertising and, therefore, under ethical restrictions must be disclosed as such? What constitutes client solicitation and is therefore prohibited? In related topics, how far can an attorney go in attempting to obtain committee representation, and what crosses the ethical boundaries? Finally, what duties do lawyers owe to the court and to the profession if they learn of somebody's crossing the line in any of those activities? Does it matter how they learn of them ("Facebook stalking")?

Following an introductory video clip about the dangers of social networking in litigation, a panel featuring a judge, a trustee and a practitioner will lead a discussion on the inherent risks in using social networking, some of the ethical issues involved, and suggestions for how to manage these business and ethical risks that are associated with the ever-changing world of social networking.

Consumer Track: Individual Conundrum—Chapter 7, 11 or 13? Deciding on the appropriate chapter for an individual contemplating a bankruptcy filing can be daunting. This panel will explore the considerations that guide the practitioner in advising individual clients in making this decision.