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It’s hard to believe that we’re at the end of another year! During 2017, the Ethics & Professional Compensation Committee has been engaged in bringing interesting issues and topics to our members and the ABI community. At the 2017 Annual Spring Meeting, the Ethics & Professional Compensation Committee jointly presented with the Technology and Intellectual Property Committee a fascinating panel discussion entitled “Ethical Issues Regarding the Use of the Media in High Profile Cases.” The panelists, the Hon. Mary F. Walrath (U.S. Bankruptcy Court (D. Del.); Wilmington), Elizabeth J. Austin (Pullman & Comley, LLC; Bridgeport, Conn.), Gregg M. Galardi (Ropes & Gray LLP; New York), and Nellwyn Voorhies-Kantak (Donlin, Recano & Company, Inc.; Del Mar, Calif.), discussed the ethical dilemmas that may arise in bankruptcy cases from the
media’s interest in high profile cases and shared some of their personal insights, in what was an engaging and thought-provoking discussion.
At the December 2017 Winter Leadership Conference, we presented with the Regulatory Law Committee a panel discussion entitled: “Privacy and Social Media: How It Can Impact Law Firm Security, Ethics and Compensation.” The panel consisted of Janine A. Bowen (LeClairRyan, PC; Atlanta), Alan L. Friel (BakerHostetler LLP; Los Angeles), Hon. Bruce A. Harwood (U.S. Bankruptcy Court, District of New Hampshire; Manchester) and Prof. Lois Lupica (University of Maine School of Law; Portland, ME), who engaged in a lively discussion exploring the impact of privacy and social media issues on security, ethics and compensation.
In addition to offering educational programming, our committee, with significant contributions from its members, will have issued three newsletters by the end of this year, including thirteen (10) substantive articles. The articles included in our newsletters during 2017 are listed here:
March 2017 (Vol. 15, No. 1)
- The “Fair Contemplation” Test and Attorneys’ Fees Claims: A Double-Edged Sword for Debtors and Creditors - John F. Theil (Stuart Maue; St. Louis MO)
- Petitioning Creditors Face Perils Beyond § 303(i) When Non-Debtor Rights Are Not Pre-empted: An Analysis of the Third Circuit Decision in Rosenberg v. DVI Receivables XVII, LL - Nicole A. Leonard (McElroy, Deutsch, Mulvaney & Carpenter LLP; New York)
- Bankruptcy Court Approves Payment of Debtor’s Counsel’s Pre-Petition Fees as Administrative Expens - Keith L. Kleinman (Cozen O’Connor; Wilmington DE)
- Court Rejects Attempt to Change Basis of Compensation from Approved Contingency Basis to Quantum Meruit Basis - Ryan G. Foley, Esq. (Shook, Hardy & Bacon L.L.P., Philadelphia, PA)
June 2017 (Vol. 15, No. 2)
- Ninth Circuit Clarifies Basis for “Fees on Fees” Award for Bringing a Frivolous Appeal - Candace C. Carlyon (Morris Polich & Purdy, LLP, Las Vega, NV)
- The Supreme Court Sets the Limits of Fee-Shifting for Bad Faith Conduct in Goodyear Tire & Rubber Co. v. Haeger - Nicole A. Leonard (McElroy, Deutsch, Mulvaney & Carpenter LLP; New York) and Jeffrey Bernstein, Esq. (McElroy, Deutsch, Mulvaney & Carpenter LLP; Newark, NJ)
- Delaware Bankruptcy Court Provides Guidance on Determining the Reasonableness of Indenture Trustee’s Attorney Fees - Catherine Martarella (Schwent Law; Festus, MO)
September 2017 (Vol. 15, No. 3)
- The Seventh Circuit: Law Firm Did Not Owe Duty to Third Party Non-clients Regarding 1.5 Billion Dollar Mistake - Nicole A. Leonard (McElroy, Deutsch, Mulvaney & Carpenter LLP; New York) and Jeffrey Bernstein, Esq. (McElroy, Deutsch, Mulvaney & Carpenter LLP; Newark, NJ)
- Don't Tug on Superman's Cape - Madison L. Conquest (Burr & Forman LLP; Nashville, Tennessee)
- Court Upholds Involuntary Chapter 7 Case Finding Assignee for an ABC Failed to Comply with his Fiduciary Duties - Evelyn J. Meltzer (Pepper Hamilton LLP; Wilmington DE)
- Counsel Beware; Chapter 11 Filing Solely to Avoid Receiver is Sanctionable - Katherine A. Sanchez (Dickenson Wright PLLC; Phoenix AZ)
January 2018 - Sneak Peek!
- Evans v. Portfolio Recovery: A Reminder for the Need for Specificity in Evidence Offered to Support an Attorney’s Hourly Rate and Hours Worked - Abigail B. Willie (Law Clerk, U.S. Bankruptcy Court for the Eastern District of Missouri)
- Hands-Tied and Hijacked; In re Blue Dog at 399 Inc. v. BP 399 Park Avenue LLC, Adv. Pro. No. 15-01097-MEW (Bankr. S.D.N.Y. July 21, 2017) - Madison L. Conquest (Burr & Forman LLP; Nashville, Tennessee)
- Bankruptcy Court Finds that the Supreme Court’s Arasco Decision Does Not Foreclose Approval of a Fee Defense Provision Under 11 U.S.C. §328(a) - Ivan Reich (Jones Walker LLP; Miami, FL)
The committee is currently seeking articles for our early 2018 newsletter. Articles will be due no later than January 15, 2018. The typical article length is 500 to 1,200 words. All articles should be submitted to our Newsletter Editor, Patrick Clisham.
During this year, we were pleased to add to our Committee’s leadership C.C. Schnapp as Memberships Relations Director and Patrick Clisham as Newsletter Editor, joining us and Tara Nauful (Education Director), Sean Markham (Communication Manager), Ryan Foley (Special Projects), and Gregory Taube (Special Projects). We are planning for 2018 and are excited for the opportunity to provide the Committee’s members and the ABI community with programs and information that we hope all will find interesting and informative. Please reach out to any of the Committee’s leaders to hear more and to get involved!
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