Oregon State Approved Sessions

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.

This panel will discuss how a number of recent bankruptcy decisions have curtailed the rights of the “new” investor, including hedge funds, to obtain the typical benefits that a buyer would otherwise be entitled to in a bankruptcy case. The focus will include a review of rulings in which a secured creditor’s rights to credit-bid in connection with a § 363 asset sale were limited and in which a hedge fund’s vote was not counted. Is this fair? Should your claim be worth less if you buy at a discount?

This is not your run-of-the-mill current developments session. The all-star members of this panel will explore recent consumer topics, case law and rules, and proposed rules and forms, and will offer their varying opinions and arguments in a lively debate-filled format that is sure to enlighten and entertain.

We are in the midst of a transformation of the bankruptcy bench; more than 100 judges have been sworn in over the last few years. This panel of some of the newer members of the judiciary will present their advice to practitioners appearing in their courtrooms.

Ethics & Professional Compensation/Real Estate Committees: This panel will explore various ethical issues that often arise in a single asset real estate bankruptcy case from the perspectives of the debtor, secured creditor and bankruptcy judge — via an entertaining and interactive fictional case study.

Resolved: The absolute priority rule should be eliminated in multi-debtor cases. Speakers: Pro: Hon. James M. Peck (ret.) Morrison & Foerster LLP; New York Con:Hon. Mary F. Walrath U.S. Bankruptcy Court (D. Del.); Wilmington Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate. Speakers: Pro: Carren B. Shulman Sheppard, Mullin, Richter & Hampton LLP; New York Con: Paul S. Singerman Berger Singerman, LLP; Miami Resolved: Creating mandatory claim mediation in mega-cases for all creditors should not be permitted as an unnecessary and inappropriate cost on smaller creditors. Speakers: Pro: Brian L. Shaw Shaw Fishman Glantz & Towbin LLC; Chicago Con: Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP; New York

Commercial Fraud/Mediation Committees: This mock mediation of commercial fraud litigation will utilize the talents of several of the leading mediation experts in the country. This program will demonstrate best practices in representing parties in mediation, as well as highlight key practice pointers for all involved in an effective mediation process.

This panel will discuss the Supreme Court’s decision in Bellingham, the coming decision in Wellness, as well as other topical issues of interest.

Educational Session of Committees: The Bankruptcy Code provides enhanced and often unique opportunities to resolve tax issues faced by distressed businesses and individuals. Our program will provide a primer on how to address tax issues before and after filing for bankruptcy relief, followed by a discussion on significant tax problems faced by business and consumer debtors.

Business Reorganization/Bankruptcy Litigation Committees: This panel will discuss the current trends in white-collar criminal and securities law issues by examining such past cases as Drexel, Adelphia and GSC.