Washington CLE Compliance Bundle 081523

As marijuana legalization grows, state-by-state, more and more financial considerations arise. Given the ever-evolving nature of the cannabis industry, it is important that any cannabis-related business or anyone supporting or financing a related business stay on top of the latest financial and tax implications of the industry.

Covering a wide array of bankruptcy litigation matters, this session will focus on issues relating to stay relief, discharge litigation, and post-discharge injunction matters. Evidentiary considerations and standards for relief will be highlighted, along with case law developments and practice tips from the experienced panelists.

This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This panel will focus on Congress’s new foray into streamlining small business reorganizations under the Small Business Reorganization Act of 2019, as amended by the CARES Act of 2020. The panelists will examine similarities and differences between subchapter V and traditional chapter 11 reorganization, debtor eligibility, and the role of the newly created position of subchapter V trustee. The panelists will then examine early decisions on these issues from bankruptcy courts around the country.

The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial. Included in these presentations will be virtual depositions and document preparation and organization, as well as the nontechnical challenges these cases can face, such as feasibility, projected-income issues, best practices assuming a nonconsensual plan, and cramdown. During the mock presentations, a team of technology experts will interject real-time, practical tips on the risks, benefits and potential ethical pitfalls of technology use in virtual trials, and much more.

A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.

This session will review the unique issues involved with early and quick ? 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.

Is this program really about getting into bed with our clients? Of course….but I don’t mean sexual relationships. Well, not only sexual relationships. There are a bunch of ways that a lawyer can metaphorically get into bed with their client and all of those situations are governed by the conflicts rules in Rule 1.8. Whether it’s doing business with clients, getting a bequest from a client, or some other self-serving conflict, chances are there’s an ethical implication to doing so.