Practice and Procedure

This panel discusses reported decisions under 11 U.S.C. § 707(b)(4) and FRBP 9011.

Bankruptcy lawyers are often times called upon to provide third-party opinion letters in financing and real estate transactions. This session covers opinion letters that are commonly requested of bankruptcy lawyers including non-consolidation and “authority to file” opinions. This session also covers best practices and potential pitfalls and liabilities when providing such opinions.

Where is the line between zealous advocacy and unethical conduct? What role does civility play in the legal profession and in our system of justice? How does the practice of civility — even when the judge isn’t there to see it — impact our clients’ interests and our profession? These are just some of the questions this panel will explore as it examines the leading issues in ethical conduct and civility — both in and out of the courtroom.

This session offers a valuable-yet-fun look at §523 through a mock adversary trial. Conducted by some of the most experienced bankruptcy litigators in the country, this event will most definitely help sharpen your trial skills.

This panel of experienced lawyers, claims agents, accountants and turnaround managers will provide tips on how to obtain and mine internal and external referral sources to generate business.

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.

The way that we practice law is changing, as the legal industry is going through a dramatic digital transformation. Cybercriminals are increasingly seeing law firms as targets for cybercrime, and clients are putting pressure on professionals to create and maintain appropriate security programs to keep their data secure. This panel of experts will discuss the current state of cybersecurity, as well as best practices for how to protect yourself from and respond to a cybersecurity attack. We will also explore how blockchain technology may be the tool of the future to keep data secure.

This year the conference opens with ABI Talks, one of our highest-rated programs ever! Based on the incredibly popular “TED Talks” format, ABI Talks address diverse and interesting bankruptcy topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured session! DID THAT REALLY HAPPEN IN COURT TODAY? Judge Carey will take a reminiscent trip through a typical day in court by recounting the successful presentations and skill sets employed by lawyers that work really well for him, as well as the ones that don’t — all in an entertaining and informative way. #METOO: WHERE I’VE BEEN, AND WHERE BANKRUPTCY PROFESSIONALS ARE GOING Cathy Hershcopf graduated from law school in 1985 and entered into “big law” restructuring practice immediately — a world where women were rarely found. Her personal journey is one that will resonate, especially in today’s environment. Her impactful talk will also present, in an interactive format, several challenging fact scenarios from the legal workplace for the audience to consider. SOVEREIGN CITIZENS MOVEMENT (BEST MID-ATLANTIC BANKRUPTCY WORKSHOP PROGRAM) Tom Horan will introduce everyone to the beliefs of sovereign citizens — a loose collection of individuals who contend that the U.S. government is illegitimate and who seek to transform American society into one where government plays a minimal role. Find out what happens when their belief system collides with the Bankruptcy Code and the courts. A ROSE IS A ROSE IS A ROSE — OR IS IT? Is a deposit in a bank a transfer of the debtor’s assets? Ron Peterson will discuss this and more, as well as review appellate court decisions of the Fourth, Sixth, Seventh and Ninth Circuits. THE JAY ALIX/MCKINSEY DISPUTE: "SOUR GRAPES" TEMPEST IN A TEAPOT, OR THE NEW NORMAL? Tom Salerno will explore the dynamics of the extraordinary pending litigation involving retention disclosures between McKinsey & Co. and Jay Alix, and will discuss the potentially far-reaching legal, political and practical ramifications of that dispute for the restructuring community on all sides of the industry. Is this a tipping point for the bankruptcy world that will create a new industry order, or just a “sour grapes,” spurned advisor’s tempest in a teapot?

This panel will address the psychology, mindfulness and strategies for dealing with tough clients and tough ethical issues.

Witness: The Honorable Practice of Bankruptcy