The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know
This panel will discuss the ethical duties and obligations of debtor’s counsel when unbundling legal services in chapter 7 cases. From the marketing of no money/low money down to adequate disclosures, the nuances of fee bifurcation sometimes create a fine ethical line on which to walk. The panelists will provide practical advice on how to comply with ethical concerns, and will discuss how different districts across the country have addressed the issue.
Modern Techniques in Asset-Tracing
This panel will discuss the use of AI in insolvency proceedings, as well as service of process via social media in such recent cases as Three Arrows Capital (3AC).
Forensic Panel
This panel will focus on cross-border financial crime in a restructuring setting, including FCPA or sanctions violations, valuation fraud and money laundering.
View from the Bench
This session will provide an overview of recent cross-border and international decisions interpreting the UNCITRAL Model Law as incorporated in local bankruptcy and insolvency laws, as well as considerations of jurisdictional boundaries and comity principles applied to the recognition of foreign plans and claims processes.
To Use or Not to Use: Ethics and the Use of AI in the Legal Industry
Many industries have incorporated artificial intelligence (AI) into their operations over the last several years, including the legal industry. This panel will discuss the current status of the use of AI in the legal industry, and will explore the ethical implications and obligations of practitioners when using (or not using) AI. Is AI the answer to increasing access to justice? What are lawyers’ ethical obligations when using (or not using) AI? How have lawyers gotten into trouble when using AI?
WORKSHOP: The Importance of Corporate Controls: Failed Business Organizations
Through case studies (FTX, SVB and LeClair Ryan), this panel will discuss the importance of corporate controls and share best practices for implementing strong corporate controls.
WORKSHOP: Financially Distressed De-SPAC Companies
The life cycle of an SPAC is continually evolving — and in recent history, some cycles have included bankruptcy proceedings. This panel will go through what an SPAC is and what it means to “deSPAC,” and will examine post-deSPAC'ed companies against the backdrop of the current, sometimes turbulent economy. The panelists also will discuss when bankruptcy is (or isn’t) an option for a de-SPAC'ed company, and how a bankruptcy case may (or may not) be different for such a company.
WORKSHOP: A Fraud or Not a Fraud, that Is the Question: Litigating Fraud in Consumer Cases
This panel will provide an interactive presentation focused on litigating fraud in consumer cases under §§ 523 and 727. The panelists will focus on collateral estoppel issues, procedural considerations, tips for discovery and the development of relevant evidence, and will provide practical advice about handling these cases before the courts.
WORKSHOP: Oops, They Did It Again: Litigating Automatic Stay and Discharge Violations
With a focus on providing practical advice in an interactive forum, this panel will discuss issues that arise in automatic stay and discharge violation matters, including a review of evidentiary hurdles, the determination of damages, procedural tips and traps, and the impact of Taggart on these disputes.