Ethics

How will the Supreme Court’s decision in Baker Botts v. ASARCO affect professional fees? Will there be an increase in fee litigation in future chapter 11 cases? This panel will also explore the Tribune standard for payment of unsecured creditors’ post-petition professionals’ fees, fees awarded as part of global settlements (Lehman), and the recent use of fee examiners. The session could also include a discussion on when disclosure of “representations of parties in unrelated matters” is sufficient, whether conflicts be cured by the appointment of conflicts counsel, a recent Ninth Circuit decision on the potential implications of exceeding fee caps, when it is necessary to obtain a conflict waiver, current vs. recent vs. former clients, and directly adverse vs. positionally adverse.

Do the rules of civility ensure that lawyers play nicely in the sandbox? This panel will focus on the growth of civility obligations for lawyers, as well as other developments in legal ethics.

Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals

A discussion of the ethics landscape from the retention application and disclosure requirements, to the decision-making process in undertaking work, recording the time, and contesting/defending the fee application.

This program will address the ethical obligations and best practices to be used by bankruptcy professionals to protect client confidences and valuable estate property in the era of the data breach. The panel will review the rules governing the attorney/client privilege in U.S., The Caymans, and other jurisdictions, as well as the ethical obligations of professionals to secure client information in their possession to forestall the unwanted disclosure of such information due to a data breach.

Ethical Issues in Professional Fee Disputes: Mediation vs. Litigation

This is the first in our new series on understanding basic ethics concepts. This panel will address the classic conflict problems that exist for business and consumer attorneys when they are retained. More advanced discussion points will focus on representing multiple entities or individuals in cases.