Practice and Procedure

Ensuring Conflicts are Transparent in 2020 Hidden conflicts of interest in bankruptcy are a stain on the integrity of the bankruptcy system. What should be done to better police the clear standards of disinterestedness and sanction misconduct? Intersection of Bankruptcy and Social Issues Bankruptcy has been largely been viewed as a solution to solely economic and financial concerns. Historically, scholarship related to bankruptcy’s intersection with social issues has focused on the social problems that may result from bankruptcy or the social issues of which bankruptcy may be a symptom. Over the last several years, however, bankruptcy has been a common thread in some of the largest social movements of our generation. This discussion centers around the intersection of bankruptcy and some of today's social issues, including the “#MeToo” movement, the Catholic Church and Boy Scouts of America abuse scandals, and the racial justice demonstrations regarding housing and policing. The ways in which bankruptcy practitioners and the bench have been asked to craft solutions to address social ills will be explored within the framework of the Bankruptcy Code, as well as the ways in which bankruptcy will continue to play a part in addressing social issues. Lasting Impacts of COVID-19 on Law Firm Operations and Legal Service Delivery No business or industry has escaped the impacts of COVID-19. In this session, seasoned bankruptcy attorney and law firm Chairman Robert Sartin will discuss how the modern global pandemic has changed the future of law firm operations. He’ll also examine the challenges of leading in a fluid and unprecedented environment, and review what many firm leaders are predicting as the new landscape of practicing law and delivering legal services.

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions: Does gender affect case management? Does gender affect the perception of witnesses? Implicit bias and gender Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so? Does the gender of a party ever play an appropriate role in judicial decision making? What can judges do to ensure that gender plays an appropriate role in case determination?

The use of artificial intelligence and machine learning is becoming increasingly prevalent in the practice of law. Lawyers are using AI to assist in a multitude of tasks, including document management and review, analytics, and legal research. This program will provide an overview of how AI is being used by lawyers today, the advantages and drawbacks in using AI, and the potential ways in which AI may be used now and in the future in bankruptcy practice.

This October 22, 2020 session from the Insolvency 2020 Summit addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel covers practicing in court in a pandemic, lawyers behaving badly, use of technology, lawyers and law firms as bankruptcy debtors, and best practices in fee applications.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.

Come join our experienced panelists as they share practical applications of mindfulness that you can use every day at work and home. Areas include being less reactive in challenging situations, listening more effectively and gathering more useful data, more skillfully entertaining uncertainty, and feeling less stressed in general. You'll learn basic mindfulness and relaxation exercises and tips for incorporating them into your day.

The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.

As Bankruptcy Courts hold hearings across a variety of remote platforms, how can attorneys and other bankruptcy professionals ensure they are most effectively representing their clients? This expert panel will discuss best practices for appearing remotely, offering tips on preparing witnesses for testimony, presenting an effective “virtual” courtroom presence, and maintaining proper courtroom etiquette in the new normal, and will also address several ethics considerations in our new "Virtual" reality. These include: Coaching the witness (or not!) Maintaining privilege/confidentiality when dealing with co-counsel and clients over a remote platform in real time

The panel, featuring a judge, opposing expert witnesses and opposing counsel will present a role play type discussion on valuation testimony in bankruptcy court. The focus of the discussion will be on best practices in attacking and defending expert witness testimony and will also touch on recent pandemic issues impacting valuations.