Delaware State Approved Sessions

More and more litigation is emerging over the sloppy practices that were rampant during the real estate boom. Defective mortgages, flawed trusts and faulty deeds have all produced much litigation, but how can you tell if there is really a defect that you can either make a case out of, or need to protect your client from? In this practical and hands-on program, attendees will examine at least 10 different documents, all based on real cases, that demonstrate the defects that counsel need to not only be aware of, but to actually look for.

Parties can view social media as a treasure-trove of information: Does a debtor discuss assets on Facebook that are not found on the schedules? Do parties make statements in their online posts that conflict with legal positions they are taking in bankruptcy court? Does the ethical duty of a reasonable investigation encompass an obligation to investigate a client’s social media activity? This panel of experts will review the ethical obligations of investigating social media websites of clients and parties, and what may — and in some cases, must — be done to remain zealous advocates.

Texts, IMs, emails and metadata might contain information that could be helpful — or could be harmful to your client’s claims. You might want to obtain that information from your adversary, but you will undoubtedly also want to see your own client’s information before your adversary does. Where do you look? This expert panel will discuss and debate the myriad electronic discovery issues that exist and the challenges facing parties in bankruptcy cases, including asserting and avoiding claims of spoliation. It is a discussion you will want to be a part of — before your client hits “DELETE.”

This panel will discuss common issues that arise in a § 363 sale, including timing issues, typical marketing programs (or conversely, no-shop clauses), bid procedures, break-up fees and bid-protection provisions. The panel might also touch on critical-vendor provisions, employee incentive programs, claw-back and true-up provisions, and successor liability clauses, as well as the applicability of the various subsections in § 363(f).

This panel will discuss the complexities of recovering assets in China, Mexico and Canada, including attachment, perfection and priority issues that are unique in each jurisdiction, and the interplay of foreign registration systems and the Uniform Commercial Code. The panel discussion might include some of the complications involved in owning or being secured by foreign assets, including foreign exchange and other currency restrictions.