California (CA) Litigation CLE Course Catalog

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.

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.