Consumer

Hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees Navigating the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.

Home value is all in the perspective. If you want to learn how to convince the court that your client’s perspective on the value of a residence is the right one, this is the panel for you! Experienced litigators will discuss best practices for litigating the value of a home by using familiar scenarios from everyday valuation practice.

This panel will explore the myriad issues that arise in chapter 7 and 11 cases when the debtor is the sponsor of an employee retirement benefit plan, including 401(k) plans and pension plans.

Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives. Consequently, in most cases litigation must be viewed as a business decision. This panel will discuss these important issues and take the audience down the litigation and settlement road: (1) pre-filing the complaint; (2) early disclosures to opponents; (3) early motions; (4) discovery and discovery disputes; (5) pre-trial motions (e.g., motions for summary judgment); and finally (6) trial. The tactics and strategies often used during these steps to promote or advance settlements that best favor clients will also be addressed.

This is a subject none of us can afford to ignore: the ins and outs of being retained and paid by the bankruptcy estate. Panelists will discuss recent issues and developments in the area of professional retention and compensation, including a look at the U.S. Trustee Guidelines in practice, recent conflict-of-interest decisions and thoughts on best practices.

This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.

This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.

This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.