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NO CLE

ABI-Live: It’s Never Really Over, Even When It’s Over: Analyzing The Limits Of Bankruptcy Jurisdiction

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Although Congress expanded the power of the bankruptcy courts to decide matters that were “related to” bankruptcy cases four decades ago, the United States Supreme Court’s decisions in Stern and Wellness have created uncertainty about bankruptcy court jurisdiction with which lower courts still struggle, and any litigator handling ancillary matters that relate to bankruptcy estates must understand and analyze jurisdictional strategies for the benefit of their clients. The webinar's panelists will discuss key issues regarding the limitations of bankruptcy jurisdiction, which may include frequently litigated issues concerning “related to” jurisdiction, consent for the bankruptcy court to issue final orders, the bankruptcy court’s power to enjoin litigation against nondebtors, the impact of jury demands, standards and strategies in withdrawing the reference of matters from the district court, and issues concerning the appellate process. Recent case of interest will be discussed.
NO CLE

ABI-Live: Hot Issues in the Ongoing Third Party Release Debates

Hosted by the Business Reorganization & Unsecured Trade Creditors Committees This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.
1 hour 10 minutes 17 seconds
NO CLE

ABI-Live: So You Settled — Now What?: Drafting Enforceable Settlement Agreements after Mediation

The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement? Pitfalls are everywhere - let our expert panel of speakers guide you through the process!
1 hour 9 minutes 2 seconds

ABI-Live: New Developments in Rights Offerings and Backstop Purchaser Incentives

Hosted by the Business Reorganization Committee For many chapter 11 debtors, the issuance of new debt and/or equity pursuant to a rights offering is a useful tool to ensure that the reorganized company will have sufficient liquidity upon emergence. In most cases, the ability to subscribe to all or a portion of a rights offering will be awarded to stakeholders on account of their claims or interests. However, a key component of a rights offering is a backstop commitment, which is often open only to a small subset of self-selected stakeholders (the “Backstop Parties”). In exchange for providing the backstop commitment, these Backstop Parties typically receive a separate commitment fee and/or break-up fee, which is often crucial to securing their commitment. The compensation offered to Backstop Parties was at issue in recent decisions in a number of cases, such as Seadrill, Pacific Drilling, Claire’s, Peabody, and CHC Helicopters. Non-backstopping stakeholders have challenged the compensation offered to Backstop Parties on a variety of grounds, including that the proposed fees are unreasonable or unnecessary to the reorganization, or give rise to disparate treatment among creditors in violation of the Bankruptcy Code. This webinar will review the recent decisions, the factors considered by courts in approving compensation for Backstop Parties, and potential alternative ways of structuring rights offerings and the compensation for Backstop Parties. View Materials
1 hour 2 minutes 28 seconds

NCBJ & American College of Bankruptcy Joint International Program: Bankruptcy Without Borders

In this program, leading practitioners, judges and academics--from all around the world--will address a broad range of cross-border and international issues. The moderators, Hon. Louise DeCarl Adler and Prof. Jay Westbrook, will present and comment on video and live presentations that will provide global perspectives on insolvency practice.

Broken Bench Awards Show: The Best Little Show in Texas

Broken Bench TV takes a new twista"the broadcast this year will feature both fun and serious awards in various categories of all things bankruptcy. Can you think of nominees for the best sanction opinion of the year? Best Supreme Court bankruptcy case? Featuring live and video coverage of bankruptcy trends and happenings that you need to know along with opportunities for audience participation. Y'all come, ya hear?
NO CLE

Recognition and Elimination of Bias in the Legal Profession and Society: Time for a New Trail: Confronting the Blaze of Sexual Harassmant, Abuse and Assault in Our Society

In recent months, allegedAsexual harassment and assault claims against politicians, news anchors and Hollywood celebrities have been heavily publicized. Of course, such behavior is not limited to those industries and it is important that we remain focused on eliminating discrimination in our workplaces and in society as a whole. This panel will discuss the current climate, what we can try to do to prevent sexual harassment from occurring and how to effectively respond to claims when they arise.

Ethics Follies: That Low Down No Good Dirty Rotten Pig Stealing Sister Act

Ethics FolliesA 2018 is a heavenly parody of the popular movie and Broadway show Sister Act. The original parody production is brought to you by The Association of Corporate Counsel, South/Central Texas Chapter (ACC).A The fully-produced comedy features attorneys, bankruptcy judges, and professional actors to create an ethics-filled performance that stimulates conversation and debate by raising awareness of litigation, transactional, and leadership ethics issues. The hilarious nuns and gangsters will make good ethics your new "habit" in this divine comedy. Presented by The Association of Corporate Counsel, South/Central Texas Chapter

Hooked on the Horns of a Legal Dilemma: Can "Moo"tness Be Equitable?

While Courts of Appeal across the country recognize the doctrine of equitable mootness, there are substantial differences in approach: some circuits apply the doctrine liberally, even in cases that are arguably not complex; some circuits all but call for elimination of the doctrine. Dueling in the Lone Star State may, now, be strictly forbiddena"but come watch two of the nation's top appellate advocates face off in a courtroom showdown to settle long-standing feuds about equitable mootness. Presented as a highly stimulating mock oral argument before an esteemed panel of circuit judges, this program will ponder whether an appellate court can ever "unscramble the egg," as the advocates each try to "steer" the Bench to the right result.

Twelve Years of Turbulence: The Inside Story of American Airlines; Battle for Survival

Former American Airlines General Counsel Gary Kennedy and journalist Terry Maxon recount the challenges and crises American faced during the years following the tragic attacks of 9/11, during which American Airlines lost billions as it struggled to avoid bankruptcy. The company finally had to file for bankruptcy, but merged with US Airways and concluded one of the most successful bankruptcies in U.S. history.