Bankruptcy Litigation Panel

This panel focuses on three current topics: (1) discovery, with an emphasis on the impact of the new federal discovery rules regarding “proportionality”; recent developments in e-discovery, including questions of possession, custody and control in discovery disputes; the Model Protocol for Discovery of Electronically Stored Information (ESI); and limitations on e-discovery (ResCap); (2) litigating with “common interests,” covering all about what a “common interest” is, whether an agreement is needed and court approval should be sought, the limits compared to attorney/client and work-product privileges, whether “common interests” can cease, and what happens if they do; and (3) STN and 9019s, discussing how 9019 has grown since STN into a tool for resolving potential litigation during a bankruptcy proceeding, who is allowed to settle, exclusive rights to settle, when a committee with a right to prosecute can settle with a debtor and others (Lyondell, Sabine), and whether 9019 in the context of confirmation is any different (NII Holdings, Adelphia).