Practice and Procedure

Ethical Issues that Arise when Supervising Attorneys Work with Junior Attorneys and Nonattorney Professionals

Ninth Circuit Extends Barton to Protect Creditors’ Committee Members

Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.

Utilizing Expert Witnesses

Section 348 and Post-Confirmation, Pre-Conversion Claims

Sept 2017

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

Reconciling “Additional Assistance” with “Appropriate Relief” in Ch. 15

Feb 2017

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.