Executory Contracts/Leases

Join us for a discussion on hot topics and recent developments in chapter 11, including circuit splits, cross-border protocols, local rules and recent Supreme Court decisions. Conference attendees will have the opportunity to pose questions to the panel. Attendees interested in submitting questions are asked to post questions by email not later than 24 hours prior to this session (address will be provided upon conference registration).

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This is not Contracts 101, but rather a panel discussion of the critical aspects of drafting contract that attorneys often forget. The panel shall discuss rules of contract construction including the last antecedent rule and its grammatical corollary, judicially adopted rules of interpretation. The panel will discuss how to avoid redundancies and ambiguities (including undefined terms) that create uncertainty and lead to costly and avoidable disputes. The program will discuss nuanced concepts which lead to more effective contracts.

a. terminations (convenience/default)
b. effect of FAR bankruptcy clause
c. subprime/prime issues: rights of the subcontractor when the prime contractor files
d. novation
e. assignment of government contracts receivables
f. effect of Assignment of Claims Act/UCC

Speakers:
Lawrence P. Block
Stinson Leonard Street LLP; Washington, D.C.
Hilary S. Cairnie
BakerHostetler; Washington, D.C.
Lawrence Sher
Reed Smith LLP; Washington, D.C.
Holly E. Svetz
Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va.
Janet M. Nesse
Stinson Leonard Street LLP; Washington, D.C.

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?