Ethics

Obligations of Counsel When Your Client Is a Bad Actor

May 2025

Benchnotes May 2025

May 2025

Meaningful Mentoring: Actions Speak Louder than Words

May 2025

No Mediation Communications Without Representation: Private Communications Between Mediators and Represented Parties

June 2025

Mapping the Outskirts of the Employment and Compensation Crucible for Chapter 11 Debtors-in-Possession

Recently, Hon. Christopher G. Bradley, sitting in the U.S. Bankruptcy Court for the Western District of Texas (Austin), explored the scope of the bankruptcy court’s oversight when a chapter 11 debtor in possession (DIP) needs to retain counsel to pursue its own interests separate from those of the bankruptcy estate.[1]

A Tale of Two Cases: Navigating Conflicts of Interest in Bankruptcy Cases

The first step you take as an attorney may be to bring in a new matter, but the essential second step is to ensure that the representation is proper.[1] Accordingly, it is important to understand the requirements of the Bankruptcy Code and other guidelines relating to disclosures, conflicts and, ultimately, retention.

New York Judge Devises a Flexible Remedy to Deal with Repeated Bad Faith Filings

New York’s Judge Philip Bentley and Prof. Robert Lawless urge Congress to adopt the ABI Commission’s recommendations for dealing with bad faith filings.

Ethics and Professional Responsibility

Fourth Circuit Upholds a $31 Million Default Judgment for Discovery Abuses

Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.

DEI Mentoring Program: Applications Open!

The American Bankruptcy Institute invites you to take part in the 2025-2026 Diversity and Inclusion Mentoring Program, designed to connect aspiring professionals with seasoned leaders in the bankruptcy field. This program is more than mentorship—it’s a unique opportunity to gain insights, expand your network, and contribute to a more inclusive and dynamic legal community. Applications are open until February 24, 2025, so don’t miss this chance to invest in your future.