Sunday, April 8, 2007

Oh but for the Want of a Mid-Year Bonus...

The most important ABI presentation taking place all year is set for April 14! If I hadn't sunk all of last year's tax return into a handful of lottery tickets, I would be headed there myself, because... it sounds like Jack Seward, Michael Fielding and company will be answering all of the questions I have tried to raise in these hallowed digital walls. If I had the answers, I could spend my 4 a.m. to 8 a.m. time slot on more profitable endeavors. So, uhhh, if someone else goes, please let me know what they decide...
By the way, I have it on good authority from Jack Seward himself, who is also the co-chair of the Commercial Fraud Task Force Committee, that there is a late "Easter Egg" for those who attend the presentation. There is some free software, a bankruptcy triage of some design, that effectively rolls the allegorical log back to show, in real time, that which lives in the mud and filth outside of plain view. Seward is a sharp character, but see if you can snake a copy of the software for me while you are at it.

Plan to attend the Commercial Fraud Task Force Committee panel presentation Saturday, April 14th – 4:00 P.M. to 5:30 P.M.

Understanding Debtor Responsibilities in Consumer and Business Cases: Providing Electronically Stored Information

The Panel:
Michael D. Fielding, Esq., Blackwell Sanders Peper Martin, LLP, Kansas City, Missouri
Patricia B. Fugée, Esq. Roetzel & Andress, Toledo, OH
David P. Leibowitz, Esq., and Ch 7 panel trustee, Leibowitz, Waukegan, Illinois
Jack Seward, Jack Seward & Assoc., LLC, New York, Co-chair
Bruce L. Weiner, Esq., Rosenberg Musso & Weiner, LLP, New York, Moderator

Our panel has been preparing for this event with great enthusiasm. The discussion relates to exactly how are you going to find the assets in the 21st Century for the estate, but quickly enters the subject of debtor counsel responsibilities under § 707, § 542, § 727, Rule 9011 and 18 U.S.C. Michael D. Fielding takes on the role of representing debtor's and becomes concerned regarding debtor and attorney responsibilities as we explore the numerous issues facing any business case and perhaps most consumer cases. David P. Leibowith, Esq. does what's natural to him as a panel trustee, searching for undisclosed assets for the estate but admits times have changed and the digital environment creates new opportunities and responsibilities in uncovering hidden assets. Patricia B. Fugée will be a home when she actively pursues the need for discovering electronically stored information under the FRCP. She has practically told us the rest of us on the panel "you better watch out" and perhaps some of may have thought is that a threat to bankruptcy counsel and besides being focused on the Code does it have anything to do with the ethical responsibilities in our digital society where most anything created today can be found on computers, like it or not? Jack Seward provides the "best practices" in forensics, fraud and electronic discovery issues but does not stop at the FRCP and reminds everyone, the debtor's digital autopsy by definition needs to be performed in business cases and many consumer cases, but always with a tight grip on the practical aspects including timeliness, cost effectiveness and being fair to all concerned. He claims the free and fully-functional bankruptcy triage software that will be provided to those that attend will find more than some of us want to know and it will be shown in real time. Bruce L. Weiner, who often represents the panel trustee, keeps the panel focused and provides hard hitting and probative questions on what's important to understand in your practice, regardless of what side of the isle you find yourself on.
Please send your questions to ask the panel if you do not plan to attend the ABI ASM 2007 to Jack Seward, co-chair of the Commercial Fraud Task Force Committee at .

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