2015 Views from the Bench

This panel will address issues concerning confidentiality and privileged information, fees, candor in dealings with the court, fairness to opposing counsel, and more, with reference to various Rules of Professional Conduct, including RPCs 1.5, 1.6, 3.3, 3.4 and 8.4.

This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.

This panel will discuss elected issues in health care and non-profit cases, including Medicare issues; confirmation issues including feasibility and application of the best interest test and absolute priority rule in non-profit cases; director and officer liability issues; and conflicts between state law and the Bankruptcy Code.

Even though the Commission recommended no curtailing of credit-bidding rights, challenges continue. More on GM: Can an order really be free and clear of successor liability, and what is successor liability, anyway?

News from Radio Shack. Effect of the ABI Commission recommendations on retail cases. Sales free and clear of leaseholds: The conflict between §§ 363(f) and 365(h); In re Revel Casino.

Does the ABI Commission's recommendation to eliminate one impaired class voting appropriately end gamesmanship and litigation? Continued debate over PSAs and RSAs.

The lure of the Internet continues to pose ethical challenges, especially in regards to privacy and transparency, for members of the bar who use social media as part of their professional lives. This panel will examine the latest legal and ethical developments in the areas of disclosure and social media.

Municipal bankruptcies are on the rise. This panel will discuss chapter 9 issues, including eligibility to file, recent developments, plan confirmation and cramdown issues, case-management issues, municipal bondholder claims, labor and pension issues, the role of mediation, alternatives to chapter 9, and the Detroit, Stockton, San Bernardino and Harrisburg municipal cases.

This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.