Video

Hosted by the Commercial Fraud and Secured Credit Committees.

This panel will take a fresh look at secured creditor rights and unique
solvency issues in fraud and Ponzi cases. Learn how to avoid being
trumped in federal forfeiture proceedings or paying on bankruptcy
clawback claims by treading in the safe harbor of § 546(e) — and learn
how to navigate the shoals of receivership

Hear the expert panelists describe their approaches to valuing assets
that are inherently difficult to value, including mineral reserves,
intellectual property and more.

Resolved: Third-party litigation financing should be permitted.
Pro: Justin Brass
Burford Capital LLC; New York
Con: John H. Beisner
Skadden, Arps, Slate, Meagher & Flom, LLP
Resolved: Inquiry notice should play a role in the good-faith transferee defense.
Pro: Catherine L. Steege
Jenner & Block LLP; Chicago
Con: Philip D. Anker
WilmerHale; New York
Resolved: Wrongly decided cases Like Dewsnup should be overturned by the Supreme Court.
Pro: Prof. Ilya Somin
Antonin Scalia Law School, George Mason University; Arlington, Va.
Con: Prof. Bruce A. Markell

It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.

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.