2016, 2016 Views from the Bench

NO CLE - Navigating the Roads of Retention in a Post-ASARCO World: Conflicts, Compensation and Other Conundrums

This panel will address a variety of current issues including “disinterestedness” and “the 1% Rule,” attempted workarounds in the aftermath of Baker Botts v. ASARCO LLC and other ethical challenges, along with guidance under various applicable Rules of Professional Conduct, such as rules regarding fees (RPC 1.5), confidentiality (RPC 1.6), conflicts of interest (RPC 1.7) and candor with the court (RPC 3.3).

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NO CLE - Fiduciary Duties: Rights and Wrongs for Directors of Financially Troubled Companies

This panel will delve into recent trends in breach-of-duty litigation against officers and directors, developments in Delaware fiduciary duty case law that bankruptcy lawyers should know about, standing to assert D&O claims, the in pari delicto defense, D&O insurance coverage issues, breach-of-duty claims against lenders, and D&O litigation involving private-equity funds. Cases to be discussed include Liberty State Benefits of Delaware Inc., MF Global Holdings Ltd. and SGK Ventures LLC.

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NO CLE - Great Debates - Georgetown Univ. Law Center; Views from the Bench

Great Debates
Paul M. Nussbaum, Moderator
Whiteford Taylor Preston, LLP; Baltimore
Resolved: A structured dismissal that violates the absolute priority rule should never be permitted.
Pro: Craig Goldblatt
WilmerHale; Washington, D.C.
Con: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims.
Pro: Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: William P. Weintraub
Goodwin Procter LLP; New York

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NO CLE - Confirmation and Beyond

This panel will explore a variety of issues related to plan confirmation, including artificial impairment (Village Green I, GP v. Federal National Mortgage Association), cramdown interest rates/subordination/make-whole provisions (MPM Silicones) and third-party releases (Millennium Lab Holdings).

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NO CLE - Clean-Up in Aisle 5: Does Bankruptcy Still Work for Retail?

Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.

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NO CLE - What’s Wrong with Chapter 11?

This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.

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