Bankruptcy Litigation

Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.

Based on the TED Talks format, this year’s ABI Talks will focus on three discrete issues: (1) the coronavirus, namely the reaction of the market, what industries have been/are going to be hurt the most, and the potential short-term and long-term financial implications of the outbreak, including bringing otherwise-healthy industries into the bankruptcy discussion (such as airlines, oil companies, cruise lines, etc.); (2) the changing public perceptions of bankruptcy, looking at the way history has moved from imprisoning debtors to bankruptcy being such a commonly accepted tool to address debts

Sponsored by Burford Capital LLC

Hear from leading bankruptcy practitioners on how they used litigation finance, the benefits and potential concerns in litigation and litigation trusts arising from the Great Recession and how litigation finance can be a tool as we confront the economic fall-out from the COVID-19 pandemic.

Neither the Bankruptcy Code nor the Bankruptcy Code’s legislative history contains an exception to the Federal Arbitration Act (FAA). As a result, bankruptcy courts grappling with whether to enforce an arbitration clause in bankruptcy have focused on whether there is an inherent conflict between the Bankruptcy Code and enforcement of arbitration pursuant to the FAA. The determination that arbitration is required could be the death knell for bankruptcy debtors.

This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.