Litigation CLE Course Catalog

During this discussion, a panel of experts will share their views on the difficult decisions that in-house, especially general counsel, face as they weigh the cons and pros of whether and when a dispute is better suited for public litigation or private arbitration. Additionally, they will provide tips on what factors, in their experience, tend to sway the decision-making process one way or another.

Managing the litigation and regulatory requests that large corporations face is not an easy task, but the experts in Microsoft and Duke Energy's legal departments are up to the task! Join us to learn how Microsoft and Duke Energy approach their eDiscovery obligations utilizing Advanced eDiscovery in Microsoft 365, including some tips and tricks they have learned along the way.

Whether it’s for litigation, investigations, or crisis management, the legal hold is one of the most important parts of a proper information governance program, and legal hold errors can lead to serious consequences for your organization. Join us as prominent attorneys from the corporate sector and government—including the former Director of Information Governance at the White House—join technical experts to discuss the legal hold process from corporations and governments to law firms and service providers. We’ll cover legal considerations, including recent case law on data preservation obligations, technical considerations, and workflow issues, with insight on how you can protect your organization.

In this CLE-accredited session, hear from leading legal experts on how they have short-circuited often expensive and time-consuming investigations efforts to find the evidence that will tell the story. They will share their experiences on collecting data from remote employees, ephemeral data preservation obligations and effective instant messaging, social media and BYOD policies, project management techniques, and use of targeted analytics approaches to assess potential evidence.

All it takes is one employee clicking on the wrong link in an email, and the hundreds of thousands of dollars you spend on your security infrastructure are useless. So to sit back and rely on your IT department with the expectation that nothing will ever go wrong is a risky proposition. Issues related to data privacy and cybersecurity are not limited to large organizations. In fact, depending on what reports you read, anywhere from 40% to 60% of cyber-attacks specifically target small to medium-sized businesses, and upwards of 70% of small businesses have experienced some form of cyberattack in the last year. The smaller the business, the fewer the resources it will typically have to spend on cybersecurity. If you think a good cybersecurity plan and infrastructure is too expensive, wait until you find out how much it costs not to have one.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel also will cover topics ranging from access to courts, to the increased use of inherent judicial power, to virtual trials, to valuation and compromise in uncertain (unprecedented) times, to recent developments in avoidance actions.

A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

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.