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Views from the Bench: Dilemmas of an Official Committee
Is the committee’s role shrinking? This session will cover statutory vs. ad hoc committees; challenging exclusivity; judicial reactions to the use of ad hoc committees; whether all committees have a fiduciary duty, and if so, to whom; how far committees can go in representing different unsecured creditor groups (divergent interests, or multiple committees?); ad hoc lender groups; whether gifting has survived; and the risk of extinction by examining Constellation and the problem of sudden death to committee by conversion on demand.
Views from the Bench: Ethics
This session will highlight several of the Rules of Professional Conduct, including RPC 1.5 (Fees); the Alix/McKinsey litigation; RPC 3.3 (Candor to Tribunal); RPC 4.1 (Truthfulness to Others); the U.S. Trustee guidelines concerning retainers; RPC 7.1 (Communications Concerning a Lawyer’s Services); overbilling, RPC 8.4 (Misconduct); fee examiners, RPC 1.3 (Diligence); disclosures, Bankruptcy Rule 2014; RPC 1.7 (Conflict of Interest); and RPC 7.3 (Solicitation of Clients).
Views from the Bench: Great Debates
Listen in on 2 Debates argued by bankruptcy judges and experts in the industry on the following topics:
Debate 1: Resolved - Trustees can claw back transfers by and between foreign transferees.
Debate 2: Resolved that the current Code provisions regarding Committees preclude true parties in interest and largest constituents from participating
Views from the Bench: Mass Torts
This panel will focus on the removal and consolidation of tort claims, including those against nondebtors (e.g., Imerys); the aggressive estimation of tort claims for voting purposes (e.g., PG&E and the one-dollar estimation effort); third-party releases (e.g., the effort we are likely to see in BSA to get releases for local councils); channeling injunctions outside of the asbestos context (being used increasingly, but will the bench eventually push back?); the impact of criminal proceedings on a mass tort debtor’s ability to reorganize (e.g., PG&E and some of the pharma cases); the need for multiple committees (e.g., creditors + victims in BSA; the UCC and TCC in PG&E; and the failed effort to appoint a public entities committee in cases); notice and due process issues (e.g., notice to fire victims in PG&E); proposed trust structures; class actions in chapter 11; and Garlock.
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