2015

This program will address the ethical challenges to practitioners when dealing with difficult clients, ranging from the bully client to a client with a questionable background or a client that is being less than truthful. In a tough legal market when work is needed, client selection sometimes gets overlooked. This program will address what to do with a difficult client once engaged — and when it’s time to part company and how to do so. Finally, the program will also cover the ethical boundaries that sometimes get blurred by overzealous clients.

The assets of professional services firms ride the proverbial elevator every day. What happens when they stop riding? This session will address the insolvency of professional service firms, including the causes of professional service firm insolvencies, the status of partner capital, and the risks to the professionals who once rode the elevators, including potential preference and fraudulent transfer liability. This program will also review recent cases relating to the “unfinished business” doctrine in the context of law firm insolvencies. Finally, the program will examine challenges in effecting a distressed merger of professional services firms.

The trial team in this session will explore strategies to quickly discover essential facts relating to substantive and procedural legal defenses by discussing the use of discovery, the proper use of and best practices for motions for summary judgment and developing the summary judgment record, and strategies for opposing summary judgment in a contested matter to which Part VII of the Federal Rules of Bankruptcy Procedure apply. The context will be an objection to a proof of claim asserting legal defenses, including improper interest charges, based on a hypothetical case. The panelists will conduct several mock strategy sessions and a mock summary judgment hearing, and offer commentary from the trial team members.

11This panel will discuss practical considerations in addressing wholly unsecured junior mortgages, determining the amount of senior mortgages, timing of valuations and the burden of proof.

Student loan debt has created a significant and growing national economic crisis. This panel will explore dischargeability issues and also discuss how student loan debt affects all of us – even those without student loans to pay off

This panel will provide a retrospective and prospective discussion of the economic and legislative factors that impact chapter 11 filings, as well as insight on industry trends and hot areas for restructuring services. Ben Franklin once remarked that “creditors have much better memories than debtors.”

This panel will cover disclosure obligations, disinterestedness standards and avoiding disgorgement.

Experienced mediators will discuss this popular alternative dispute resolution device, including how best to prepare for mediation, the benefits of mediation, whether it is suitable for all disputes in bankruptcy, different styles employed by mediators, and perhaps a few war stories.

This panel will focus on planning and drafting agreements, best practices, avoiding common pitfalls, and successful strategies and approaches.