Description
Gain an understanding of how the bankruptcy rules relating to disinterestedness and disclosure have evolved in light of recent developments.Many attorneys recognize a dynamic tension among the conflict rules which govern attorney conduct and the fundamental ability to earn a living by accepting new clients and new business. To complicate matters further, the standards applied to resolving conflicts of interest, as well as adequately disclosing such conflicts, are constantly evolving. This topic will guide professionals through recent ethical developments that should be considered when applying for retention.
Date: 2021-05-10 Start Time: End Time:
Learning Objectives
Overview
• Model Rules of Professional Conduct
• Dual Requirements: No Adverse Interest and Disinterested Person
• Imputation and Disqualification
• Obtaining Valid Consent
Retention and Solicitation
• Improper Solicitation – In Re Universal Building Products and Progeny
• Changes to Interest Forms and ABI Task Force Proposed Amendments
• Changes to Questionnaire for Committee of Unsecured Creditors
• ABI Task Force Suggestions on Solicitation and Rule 2014
Adequacy of Disclosure
• Mckinsey Litigation
• Balancing Client Confidentiality With Rule 2014’s Disclosure Requirements
• Who Has Standing to Object
• Acquisitions of Potentially Adverse Interests – In Re Nnn 400 Capital Center 16, LLC
Conflicts of Interest
• ‘Sleeping With the Enemy’ – In Re Caesar’s Entertainment Operating Co., Inc.
• Fee Splitting Arrangements – In Re Nnn 400 Capital Center 16, LLC
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Harley J. Goldstein, Esq.-Goldstein & McClintock LLLP
