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IWIRC: You Want Me to Do What? The Dilemma of Trying to Interpret and Follow Appellate Precedent
While there can be no doubt under our current system of jurisprudence that lower courts are bound by the published decisions of appellate courts, the question remains: What can a trial court do with broad pronouncements found in an appellate decision based on limited or dissimilar facts? Judge Michael will discuss the dilemma of interpreting and using appellate precedent.
ABI Live: Examining the Supreme Court's Decision in City of Chicago v. Fulton
On January 14, 2021, the Supreme Court ruled in the case of City of Chicago, Illinois v. Fulton that the mere retention of estate property after the filing of a bankruptcy petition does not violate 11 U.S.C. § 362(a)(3), which operates as a “stay” of “any act” to “exercise control” over the property of the estate. ABI Editor-at-Large Bill Rochelle will host a discussion with two leading bankruptcy academics who filed amicus briefs in the case, Profs. John Pottow of the University of Michigan Law School (Ann Arbor, Mich.) and Ralph Brubaker of the University of Illinois College of Law (Champaign, Ill.), to analyze the decision and its impact on future bankruptcy case law.
ABI Live: Diversity in Insolvency: Putting Inclusive Ideas into Practice
Sponsored by ABI's Diversity and Inclusion Working Group
Build a better law practice while building a more diverse and inclusive workplace! Diversity and Inclusion (D&I) leaders from the public and private sectors will discuss diversity, equity, and inclusion's impact on career trajectory, mentorship, and the bottom line, while providing tips and best practices to retaining and attracting talent. The session will begin with a plenary session, followed by breakout rooms staffed with a D&I expert and a bankruptcy judge.
Confirmed participants in the Breakout Room Discussions:
Hon. Christopher M. Alston, Western District of Washington
Hon. Daniel P. Collins, District of Arizona
Hon. Robert D. Drain, Southern District of New York
Hon. Barbara J. Houser, Northern District of Texas
Hon. Laurel M. Isicoff, Southern District of Florida
Hon. Klinette H. Kindred, Eastern District of Virginia
Hon. Christopher M. Lopez, Southern District of Texas
Hon. Brendan L. Shannon, District of Delaware
Hon. Sage M. Sigler, Northern District of Georgia
Hon. Kathy A. Surratt-States, Eastern District of Missouri
Hon. Deborah L. Thorne, Northern District of Illinois
Kori Carew, Chief Inclusion & Diversity Officer, Seyfarth Shaw LLP
Mary Ellen Connerty, Director of Diversity & Engagement, O'Melveny & Myers LLP
Carlos Davila-Caballero, Director of Diversity and Inclusion, Simpson, Thacher & Bartlett, LLP
Maja Hazell, Global Head of Diversity and Inclusion, White & Case LLP
John Iino, Diversity & Inclusion Global Chair, Reed Smith LLP
Sylvia James, Chief Diversity & Inclusion Officer, Winston & Strawn LLP
Melique Jones, Director of Talent Pipeline, Diversity, Equity & Inclusion, Skadden, Arps, Slate, Meagher & Flom LLP
Nimesh Patel, Chief Diversity & Inclusion Officer, Akin Gump Strauss Hauer & Feld, LLP
Peter Wilson, Diversity and Inclusion Officer, Proskauer Rose LLP
ABI-Live: Midstream Contracts in Chapter 11: Covenants Running with the Land?
Sponsored by ABI's Business Reorganization Committee
Please join us for an overview and discussion of chapter 11 cases addressing the nature and treatment of oil and gas gathering agreements.
Since the 2016 decision in Sabine Oil & Gas, courts have grappled with whether midstream contracts contain real property covenants that “run with the land” and whether chapter 11 debtors can reject contracts with their midstream providers. In the most recent decisions on this issue (Extraction and Southland), the Bankruptcy Court for the District of Delaware found that the debtors’ gathering agreements did not satisfy the elements required to create such a real property covenant.
This CLE will cover (i) foundational law and principles regarding contract rejection and covenants “running with the land”; (ii) an overview of seminal cases, including the most recent decisions in Extraction and Southland; and (iii) a discussion of potential implications of recent case law and guidance for parties navigating this issue.
1 hour
15 minutes
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