Connecticut

This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales,‎ including regulatory limitations and protection of customer lists.

John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).
Pro: Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Con: Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Business Debate
Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium
Pro: Lori Sinanyan
Jones Day; Los Angeles

Young lawyers frequently learn that they will be working on a new chapter 11 case when they are directed to start drafting pleadings. This session, spearheaded by members of ABI’s Young & New Members Committee, is geared toward gaining an understanding of what precedes that moment by (1) advising and educating the new(er) generation of bankruptcy professionals on the background and “big picture” of a chapter 11 case, and (2) advising and educating the newest generation of bankruptcy professionals on pre-filing strategies.

This program will explore techniques and issues in the drafting of effective settlement agreements both before and after a bankruptcy filing. Pre-filing drafting issues will include such “bankruptcy-proofing” matters as the risk of a paying party’s filing, including a preference or fraudulent transfer attack, the running of a statute of limitations, “bad-boy guarantees,” and the preservation of nondischargeability.

In the technology field, “Moore’s law” states that capacity doubles approximately every two years. This pace of change, the reduction in the use of paper and the corresponding increase in electronic data and “cloud storage” have given rise to a multitude of issues that significantly impact the everyday practice of law and must be considered by both law firms and lawyers. This session will cover best practices to minimize risks to clients and minimize malpractice risks to lawyers.