Business

Avoiding being sued along with or in lieu of your client and avoiding ethical violations and malpractice.

The panelists will discuss the various issues that have been raised in the Energy Future Holdings bankruptcy, including make-wholes, the unimpairment opinion, the pre-plan settlement appeal, and interaction with state regulators and the bankruptcy court.

What are bankruptcy crimes, what are the duties of the various parties in a case to
investigate and report them, and what are the protections for those who do?
The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception;
recent cases suggest that a “fraud” that may trigger the crime/fraud exception to
attorney/client privilege and that the work-product doctrine may not be limited to crimes
and serious frauds, but rather may include transactions exhibiting only some “badges of
fraud,” such as fraudulent transfers (Fragin, Husky International).

This panel will discuss current trends in energy, from gas production to the coal market
to alternative forms. What will the industry look like 10 years from now? Do we need
coal? Updates of current markets, as well as recent bankruptcy cases and issues, will
be addressed, including the rejection of gathering agreements and the upward trend
in requests for equity committees in commodity cases (Breitburn, Penn Virginia,
Energy XXI, Horsehead, SandRidge, C&J, Peabody).

This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle;
(2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing
a value/tax basis in litigation claims and other assets transferred to a trust or LLC;
(d) key plan provisions such as preserving 2004 discovery rights, creditor oversight,
continuing court oversight, required reporting and the retention/transfer of the
attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case;