Practice and Procedure

This program will explore (i) how courts have implemented recent rules dealing with e-discovery; (ii) TAR and other software tools to manage e-discovery; and (iii) unique e-discovery issues in bankruptcy cases and adversary proceedings.

This panel will provide updates on the most important governance and other similar issues faced by debtors, including how to advise equity owners.

How do you make a record with a judge who is not letting you? How do you ask to withdraw the reference, or file an interlocutory appeal, without burning your bridges with the bankruptcy judge? Hear our experts provide their views on how to survive these and other worst-case scenarios.

This year, the WLC 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 topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured program!

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.

Learn from others’ mistakes and experiences. The panel will share tips and painful lessons on anticipating and avoiding ethical and legal problems in business restructuring cases.

Panel will highlight practice risks that include debtor and creditor viewpoints. The topics will include: tracking and anticipating obvious and unknown deadlines, appreciating inherent conflicts that may pose ethical problems as well as critical path obstacles to hidden conflicts of interest, springing conflicts of interest, undisclosed client expectations creating dissatisfaction with the process and outcome, and underestimating expense and delay leading to crisis of payment and inability to effectuate strategy.

This panel will discuss lessons learned from leveraging technology in administering mega-, mid-size and small chapter 11 cases. The panelists will discuss and demonstrate the use of technology in administering chapter 11 cases, including submission of e-proofs of claim and e-ballots, electronic noticing and solicitation, case administration websites, and electronic claims reconciliation. The panel will also address how to improve the efficiency of using such technologies within the context of small or mid-size chapter 11 cases.

Demonstration on how to best use technology when presenting your case in Bankruptcy Court. This panel will include various “how to” demonstrations that include presenting exhibits, highlighting exhibits, etc. Plus, how to best use electronic links in briefs for case citation and other references.

This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.