2015 Views from the Bench, 2014

The lure of the Internet continues to pose ethical challenges, especially in regards to privacy and transparency, for members of the bar who use social media as part of their professional lives. This panel will examine the latest legal and ethical developments in the areas of disclosure and social media.

This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.

A working understanding of cross-border restructuring principles has become a mainstay of contemporary practice. This panel will cover cross-border fundamentals, including the application of § 109 to foreign cases, the enforceability of foreign judgments and granting comity in a chapter 15 case involving third-party releases (In re Sino-Forest Corp. and Ad Hoc Group of Vitro Noteholders v. Vitro, S.A.B. de C.V. (In re Vitro S.A.B. de C.V.)).