Attention:
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Ethics: Know Before You Go


Level: Advanced
Runtime: 60 minutes
Recorded Date: August 06, 2021
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Agenda

  • Key Ethical Duties to Consider
  • Conflicts Screening at a New Firm
  • Post-Departure Solicitation
  • Using Firm Resources for Purposes Contrary to the Interests of the Firm
  • Coopoeration
  • Restrictve Covenants
  • Fiduciary Duties to Law Firms and Other Related Considerations
  • Associats and other Non-Partner Attorneys
Runtime: 1 hour
Recorded: August 6, 2021

For NY - Difficulty Level: For experienced attorneys only (non-transitional)

Description

You’re leaving your firm, but what do you need to know before you go? This panel will discuss what to do and what not to do to make sure you meet your ethical obligations to your clients and your old firm, while avoiding problems for you and your new firm.

This program was recorded as part of ABI's 2021 Mid-Atlantic Bankruptcy Workshop on August 6th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Thomas M. Horan

Member
Cozen O'Connor

Thomas M. Horan is a member of Cozen O’Connor in Wilmington, Del., where he focuses his practice on financial restructuring and bankruptcy litigation, representing debtors and official unsecured creditors’ committees in complex chapter 11 proceedings; counseling secured creditors, trustees, unsecured creditors, and debtor-in-possession lenders; and representing clients in preference and fraudulent transfer proceedings. He is ABI’s Vice President - Communications & Information Technology and serves on the advisory boards of ABI’s Georgetown Views from the Bench, Delaware Views from the Bench Conference and Mid-Atlantic Bankruptcy Workshop.

Mr. Horan was named a “Rising Star” by Super Lawyers and holds an AV rating by Martindale-Hubble. He received his B.A. in 1989 and his M.A. in 1992 from Fordham University, and his J.D. cum laude from St. John’s University School of Law in 2002, where he was executive notes and comments editor for the ABI Law Review.

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L. Katherine Good

Partner
Potter Anderson & Corroon LLP

L. Katherine Good is a partner with Potter Anderson & Corroon LLP in Wilmington, Del., and heads its bankruptcy team. She focuses her practice on corporate restructuring, bankruptcy and creditors’ rights.

Ms. Good regularly represents debtors, secured lenders, committees, asset-purchasers, liquidation trusts and other parties in chapter 11 cases, as well as foreign representatives and other parties in chapter 15 ancillary proceedings. She regularly litigates in bankruptcy court as well as in appeals before federal district courts and courts of appeals.

Ms. Good has represented companies in successful out-of-court restructurings and pre-packaged and pre-arranged bankruptcy cases. In addition, she has experience with substantive non-consolidation opinions for structured finance transactions.

Ms. Good received her B.A. from the University of North Carolina at Chapel Hill and her J.D. from Emory University School of Law.

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David M. Posner

Partner
Kilpatrick Townsend & Stockton LLP

David M. Posner is a partner with Kilpatrick Townsend & Stockton LLP in New York and focuses his practice on bankruptcy and insolvency matters. He represents creditors’ committees, chapter 11 trustees, acquirers, indenture trustees and other significant parties-in-interest in complex reorganizations and financially distressed situations, as well as debtor/creditor rights and commercial litigation. In addition, he has substantial litigation experience representing both plaintiffs and defendants in complex commercial litigation inside the context of complex reorganization cases and in state and federal courts across the country.

Mr. Posner has been involved in all aspects of pre-trial proceedings, preliminary-injunction hearings, motion practice, applications, mediation, objections and other contested matters. He has tried both jury and non-jury trials in bankruptcy, state and federal courts.

Mr. Posner received his B.A. magna cum laude in political science and philosophy from Syracuse University in 1984 and his J.D. cum laude in 1988 from Syracuse University College of Law, where he was senior editor of the Syracuse Law Review.

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Adrienne K. Walker

Partner
Locke Lord LLP

Adrienne K. Walker is a partner with Locke Lord LLP in Boston and focuses her practice on restructuring and commercial finance. She has bankruptcy litigation experience in creditors’ rights and representing debt-holders in chapter 11 and chapter 9 municipal bankruptcies.

Ms. Walker often represents strategic trade creditors, official and ad hoc committees, bondholders, debtors, lease parties and trustees. Her commercial lending work involves advising borrowers on private-equity and secured financing transactions.

Ms. Walker works with clients in many industries, with a particular focus on life sciences, health care, retail, senior living and manufacturing. She also advises both borrowers and lenders on complex debt structurings, including transactions involving traditional banks and, more often, private equity.

In addition, Ms. Walker is an adjunct professor at Suffolk University Law School, where she teaches advanced courses in business bankruptcy. She is also a frequent speaker and writer on numerous topics of interest in the bankruptcy and commercial lending fields. Following law school,

Ms. Walker clerked for the Justices of the Superior Court of Massachusetts. She received her undergraduate degree with honors in political science from Simmons University and her J.D. magna cum laude from Suffolk University Law School.

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Jeffrey N. Rothleder

Partner, Restructuring and Insolvency Practice Group
Squire Patton Boggs, LLP

Jeffrey N. Rothleder is partner in Squire Patton Boggs (US) LLP’s Restructuring and Insolvency practice group in the firm’s Washington, D.C., office, where his practice focuses on financial restructuring, corporate trust matters and workout proceedings on behalf of financially distressed companies or their creditors, including the representation of debtors, indenture trustees, creditors and creditors’ committees, investors and purchasers in in-court and out-of-court restructurings.

Mr. Rothleder represents a wide variety of clients in the enforcement of the entire spectrum of creditors’ rights involving secured, unsecured, public or private, and taxable and tax-exempt debt through his work with indenture trustees, lenders, individual creditors and official committees in chapter 11 cases. He also has experience representing debtors, including the restructuring of large companies through the chapter 11 process or conducting the orderly liquidating and comprehensive asset sales for a diverse group of companies.

Mr. Rothleder received his B.A. from the University of Michigan in 1999 and his J.D. from the University of Maryland School of Law in 2002 with honors, where he was a member of the Order of the Coif.


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