Practice and Procedure

Because of its amorphous nature; making the case for diversity, equity, inclusion and belonging (DEI&B) is sometimes a difficult one — especially in the context of consumer bankruptcy. While larger law firms and corporations have begun to embrace and incorporate DEI&B initiatives, the influence of DEI&B is far more elusive in the consumer bankruptcy context. This panel will discuss the challenges faced by smaller consumer firms regarding DEI&B and, by explaining the “what, why and how” for DEI&B, will propose possible solutions for creating a more inclusive environment.

Law firms, law schools and even courts are not free from bias — the types of bias that you may be aware of, such as race, gender, sexual orientation, ethnicity and disability, but also some types of bias that you might never have focused on. This panel discusses how to identify and work toward eliminating these biases.

This session will provide opportunities for discussion and interaction with an exciting panel of judges from around the country.

This session is designed to help new and experienced attorneys develop and refine their contract and order drafting skills by examining common drafting conventions and best practices, discussing drafting issues that arise in bankruptcy practice, and sharing tips and strategies for correcting drafting mistakes.

This panel will focus on objections raised by counsel, and rulings by a presiding bankruptcy judge, during live mock direct and cross-examination of witnesses in a Chapter 11 confirmation hearing. Attendees will gain an understanding of how to properly make/respond to, and the merits of, certain objections to testimony in the context of a Chapter 11 confirmation hearing.

This panel will present a mock trial focusing on valuation, with the panelists serving as counsel arguing each side, and as a witness and a judge. The session will cover direct and cross-examination topics that come into play with valuations, including expert witness issues, applicable evidentiary rules and procedural aspects.

This panel will delve into collateral estoppel, res judicata, judicial estoppel, equitable estoppel and, although jurisdictional, the Rooker-Feldman doctrine.