Practice and Procedure

NO CLE - Time for Trial: Presenting Evidence in Contested Matters Before Bankruptcy Courts

This panel will explore presenting evidence in contested matters before bankruptcy courts, including laying proper evidentiary foundations, attacking evidentiary foundations, common evidentiary objections, and strategic considerations in presenting or contesting evidence in a contested matter before a bankruptcy court — along with insight from an experienced judge on the most effective strategies and judicial preferences.

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NO CLE - Career-Development Paths

This session will focus on providing a framework to help mid-level professionals develop a plan for advancement in the bankruptcy and restructuring industry, including best practices for developing and maintaining client relationships, creating a personal brand, navigating intra-firm politics, identifying opportunities for growth, and the use of business and personal networks to achieve career goals.

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NO CLE - Judicial Town Hall

The participating judges will respond to questions submitted from attendees in advance of the event.

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NO CLE - Ethics: Have I Gone Too Far?

This panel discusses attorney’s duty to uphold the law and how bankruptcy counsel must avoid “crossing the line” while representing his client, the result being not just civil, but criminal, liability.

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NO CLE - TED Talks

Join ABI for its first recreation of the infamous “TED Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as rules of professional conduct, career advice and teaching moments and Safe Harbor for Financial Institutions.

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NO CLE - ESI and Ethics: How to Avoid Sanctions — and Worse

Emails, text messages, Snapchat: Nobody ever calls anymore. Firing off an email three minutes after somebody made you angry gives rise to any number of issues, one of them being that once the “send” button is hit, electronically stored information (ESI) is created.

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NO CLE - Litigation: Expert Cross-Examination Stratego!

Challenging an expert witness requires more than just wondering what questions to ask on cross-examination. Is the expert witness even an expert in the right subject matter? Should the expert be deposed before trial and challenged before he or she takes the stand, or would cross-examination without giving the expert the clues that come with deposition questions present the best opportunity to defuse the weight of the expert’s opinion? How can the trial lawyer prepare for cross-examination of an expert and contain the damage done on direct examination of the expert?

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NO CLE - Sealing the Deal: Negotiating, Documenting and Consummating Settlements in Bankruptcy

This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankrupt

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NO CLE - Detecting Lies: Strategies for Exposing a Deceitful Witness

Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.

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NO CLE - “Shark Tank”!

Do some provisions of the Bankruptcy Code seem so out of date and maddening that you want to call your congressional representatives? Our panel of “sharks” will evaluate pitches for legislation to remedy nagging issues in the Code, including implementing restrictions on the appointment of creditors’ committees in chapter 11 cases, tax exemptions for asset sales under § 363, increasing statutory compensation for trustees, the creation of bankruptcy appellate panels in every circuit, and the elimination of debt limits for chapter 13. Come see whether any ideas make the cut!

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