Practice and Procedure

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.

A discussion of what to do when you are in the middle of “Litigators Gone Wild” while maintaining your ethics and your cool.

A chapter 11 case can present a host of ethical pitfalls for unsuspecting attorney. Whether you represent debtors or creditors, this panel will discuss common ethical issues facing practitioners in a chapter 11 case.

Considering an appeal? Learn some practical tips and considerations from this panel of experts and judges.

Social media and other new technologies are part of the legal landscape, and it’s all charging forward — but the ethics rules are struggling to keep up. Sure, there are obvious concerns that everyone is talking about (like confidentiality (Rule 1.1)), but there are hidden hazards that few people consider (trial publicity (Rule 3.6) concerns — really?). Join “the CLE Performer” Stuart Teicher and legal ethics counsel Erika Stillabower as they discuss ethics opinions from across the country, and their impact on Rules 1.3 (diligence) and 7.2 (advertising), in a substantive-but-amusing manner.

This judges' panel will include a discussion of various aspects of mediation, the judges' views on developing and encouraging younger lawyers, and a discussion of the important role served by Delaware lawyers when acting as local counsel.

This panel will explore presenting evidence in contested matters before bankruptcy courts, including laying proper evidentiary foundations, attacking evidentiary foundations, common evidentiary objections, and strategic considerations in presenting or contesting evidence in a contested matter before a bankruptcy court — along with insight from an experienced judge on the most effective strategies and judicial preferences.

This panel will discuss the best practices for drafting motions and briefs and presenting those filings to the court when they are contested and uncontested. The panelists also will discuss the pitfalls to avoid when drafting motions and briefs and presenting those pleadings to the court.