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Great Debates
NO CLE
Norman N. Kinel, Moderator
Squire Patton Boggs; New York
Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate.
Pro: Hon. Ashely M. Chan
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Con: Hon. Eric L. Frank
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released.
Pro: Hon. Janet E. Bostwick
U.S. Bankruptcy Court (D. Mass.); Boston
Con: Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Small Business Reorganization
This panel will explore the eligibility of small businesses to file under the Small Business Reorganization Act of 2019 (SBRA) and the benefits of doing so, along with recent developments and hot topics in this area of the law. The panelists will also discuss Paycheck Protection Program (PPP) loans and whether these loans count toward debt ceilings (is it debt or a grant?), as well as § 525, which prohibits the Small Business Administration (SBA) from discriminating against debtors.
Ethics: The Game-Changing Benefits of Diversity & Elimination of Bias
This session will focus on several of the Model Rules of Professional Conduct, including 4.1 (Truthfulness to Others), 7.1 (Communications Concerning Lawyer’s Services) and 8.4 (Misconduct). The panelists will address compensation and diversity in U.S. law firms and the elimination of bias; the importance of diversity and inclusion regarding creativity and innovation, the correlation with financial performance, and improving the workplace and client relationships; and ways in which law firms can actively combat unconscious bias and make retention of diverse talent a priority. The Neiman Marcus case will be discussed.
Welcome & Crossover Ethics Topic: Strategies and Risks of Bankruptcy as a Response to State Court Litigation
This session addresses when a bankruptcy court will accept jurisdiction and control of pending state court litigation upon the filing of a bankruptcy case by an involved party. Topics include removal, abstention, stay relief and remand, as well as the strategies and risks of filing bankruptcy in hopes of having a state court action removed to bankruptcy court.
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