Professional Compensation/Fees

“Group Privileges”: What are the limits of the attorney-client and work-product privileges that can be asserted by official committees and their members? Ad hoc committees and their members? Bank syndicates and their members; Conflicts: Latest developments in disclosure and disqualification, the use of conflicts counsel, UST Guidelines, etc.; The New U.S. Trustee Guidelines: What ethical concerns are raised by the new UST Guidelines on professional retention and fee applications (including issues relating to attorney/client privilege)? Are there limits on the proper disclosure of a firm’s billing practices and/or “blended” rates?

Selection of CRO and establishment of a scope and chain of command; role of CRO and other officers in intercompany disputes in multi-debtor cases; negotiating pre- and post-confirmation equity/incentives for officers and directors; selecting a post-confirmation board of directors; issues and actions constituting “cause” for appointment of trustee or examiner motion; appointment and role of examiner in recent cases (Rescap, Dewey, Dynegy)

Managing law firm failure pre-bankruptcy; partner clawback claims and settlements; fair value and other partner defenses; unfinished-business doctrine (Jewel v. Boxer); partner duties to clients, including treatment of client files; WARN Act issues

Managing law firm failure pre-bankruptcy; partner clawback claims and settlements; fair value and other partner defenses; unfinished-business doctrine (Jewel v. Boxer); partner duties to clients, including treatment of client files; WARN Act issues

Consumer Track: Consumer Class Actions This panel will explore the potential benefits and pitfalls of class actions by debtors/trustees against creditors in chapter 13 cases, which are highlighted by two recent decisions of the Fifth Circuit.

Consumer Track: Individual Conundrum—Chapter 7, 11 or 13? Deciding on the appropriate chapter for an individual contemplating a bankruptcy filing can be daunting. This panel will explore the considerations that guide the practitioner in advising individual clients in making this decision.

17th Annual Great Debates Past Presidents’ Debate Resolved: The Bankruptcy Code should be revised to eliminate a debtor in possession's and trustee's ability to recover preferential transfers. Judicial Debate Resolved: A claim against the debtor’s estate, transferred to a third party, should be treated the same as if in the hands of the original holder. Consumer Debate Resolved: An attorney in a consumer case should be able to limit the scope of her employment.

Chapter 11 Track: Creditors’ Committees and the Role of Indenture Trustees and Related Issues This panel will focus on the unique issues facing the indenture trustee when it elects to serve on a creditors’ committee, including how to balance potentially conflicting fiduciary duties, how to get paid, how to navigate through the plan-negotiation process and other similar types of issues.

Financial Advisors Track: Current Issues for Financial Advisors in Bankruptcy Cases This panel will discuss the various governance, operational and quasi-legal issues that financial advisors deal with on a day-to-day basis before, during and after the commencement of a chapter 11 case. Topics will include addressing management fraud, dealing with ERISA/labor/WARN Act/union issues, navigating corporate governance issues, Dodd-Frank compliance, and the state of the law on pursuit of accounting and securities fraud claims.