2016

This panel will focus on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions to be discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.

As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.

This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.

There is divisiveness on several fronts in the valuation community. Splits exist among circuits and other venues. This panel will identify key controversial valuation issues that prevail among practitioners and the courts, and offer insights to understand the focal points of each controversy.

When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.

"This panel will explore the requirements for the use of cash collateral by agreement or court order, including adequate protection. The discussion will include other important issues for secured creditors, such as debtor-in-possession financing, collateral carve-outs to pay committee professionals, cramdown interest rates, and credit bidding in sales of collateral. "

Professional fee issues are always important, both to those who represent estates and those who do not (but sometimes object to the fees of those who do). This panel will discuss the implications of the Supreme Court’s recent decision in Baker Botts v. ASARCO, in which the Court answered an intriguing question some bankruptcy lawyers did not realize had been asked: whether counsel for an estate party may recover fees incurred in defending a fee application. The panel will also address continuing issues related to professional fees, including U.S. Trustee Fee Guidelines, big case fee guidelines, and the approval of national billing rates in jurisdictions where local rates are much lower.

This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.

Trending issues, circuit splits and noteworthy topics in bankruptcy courts will be the focus of this discussion. The panel will cover topics of interest in business, with no specific emphasis and in no particular order. Attendees are encouraged to participate with questions and issues drawn from their own experiences.