2015

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.