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Bankruptcy Litigation - Topics, Trends, Practice Pointers

Level: Advanced
Runtime: 82 minutes
Recorded Date: August 02, 2019
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  • Fiduciary Duty Law and Insolvency
  • Derivative Standing for Creditors' Committees of LLCs
  • Wholly Owned Subsidiaries
  • Discussion of Quadrant Decisions
  • Sexual Harassment and Fiduciary Duties
  • Gathering Evidence in Liquidation Cases
  • Attorney-Client Privilege Issues
  • Solvency
  • D & O Insurance
  • Small Business Reform Legislation
  • Retail Vendor Litigation
  • Use of Experts in Bankruptcy
  • Judge's Perspective
Runtime: 1 hour and 22 minutes
Recorded: August 2, 2019


This panel will address some hotly contested issues in the context of a bankruptcy case, including fraud and fiduciary duty litigation. Judge Santoro will also share his views on when parties should seek guidance from the court to resolve certain disputes, including when counsel should request in-chamber conferences. Finally, the panelists will also provide some “best practice” tips for when you find yourself embroiled in contentious litigation.

This program was recorded as part of ABI's 15th Annual Mid-Atlantic Bankruptcy Workshop on August 2nd, 2019.

Provided By

American Bankruptcy Institute
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Russell C. Silberglied

Richards, Layton & Finger, PA

Russell Silberglied practices both bankruptcy litigation and core chapter 11 work. Examples of Russ' bankruptcy litigation matters include breach of fiduciary duty suits, equitable subordination and recharacterization litigation, first and second lien litigation, valuation fights, and contested plan confirmation and DIP financing hearings. In core bankruptcy matters, Russ represents debtors and creditors in chapter 11 and chapter 15 cases. He also advises troubled companies on non-bankruptcy solutions.

In addition, Russ regularly advises boards of directors of troubled companies concerning their fiduciary duties and corporate governance issues. He frequently lectures and publishes articles on this topic.

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Hon. Frank J. Santoro

US Bankruptcy Court - Eastern District of Virginia

Frank J. Santoro is a bankruptcy court judge for the Eastern District of Virginia. Judge Santoro was appointed on February 21, 2008.

Since October 1987 Santoro had been a standing Chapter 13 Trustee for filings in Norfolk and Newport News Divisions of the Eastern District of Virginia. While doing so he supervised the administration of approximately three thousand bankruptcy cases. Judge Santoro also had served as a Chapter 7 Trustee from December 1981 through May 1990.

Judge Santoro graduated from Allegheny College in 1976, Phi Beta Kappa with degrees in political science, economics and finance, receiving honors in both. In 1979 he graduated from Marshall Wythe School of Law at the College of William & Mary.

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Douglas M. Foley

McGuireWoods LLP

Doug has substantial experience representing large and small creditors and debtors in a variety of business Chapter 11 proceedings throughout the United States.

He has had significant involvement in many of the largest Chapter 11 cases filed in the Eastern District of Virginia, including Toys "R" Us, Inc., Workflow Management Inc., Circuit City Stores Inc., Movie Gallery Inc., Rowe Furniture Inc., US Airways Group Inc.; AMF Bowling Worldwide Inc.; Best Products Company Inc.; Heilig-Meyers Company; Trak Auto Corporation; and FasMart Convenience Stores. He also served as chairperson of McGuireWoods’ Restructuring and Insolvency Department from September 2006 through August 2012.

In 2011, Doug was inducted into the American College of Bankruptcy (Class XXII) and is currently the Regent for the Fourth Circuit and D.C. He is certified in business bankruptcy law by the American Board of Certification Standards Committee, an affiliate of the American Bankruptcy Institute. He focuses his practice on all aspects of insolvency and debtor-creditor issues and has spoken at various bankruptcy bar and trade association meetings on bankruptcy topics.

He is also a past chairperson of the Virginia State Bar Bankruptcy Law Section Board of Governors.

Following law school, Doug served as a law clerk for the Honorable Loren A. Smith, Chief Judge at the U.S. Court of Federal Claims, and for the Chief Judge Douglas O. Tice Jr. of the U.S. Bankruptcy Court in the Eastern District of Virginia.

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Jovi Bohan

Stout Risius Ross, LLC

Jovi Bohan is a Director in the Dispute Consulting group. She has more than 20 years of accounting, auditing and financial consulting experience. Jovi's engagements include significant criminal and civil litigation matters and analysis of complex accounting issues in the public, private, nonprofit, and government sectors.

Jovi has extensive experience with litigation support, including expert witness and trial preparation, fraud and forensic accounting investigations, complex financial analysis, asset tracing and accounting record reconstruction. Jovi specializes on matters involving generally accepted accounting principles (GAAP), and generally accepted auditing standards (GAAS). Her fraud and forensic accounting experience includes assistance to the Department of Justice in a series of investigations of corporate executives indicted for white collar crimes.

Prior to joining Stout, Jovi was a Director at Invotex. Her prior work experience also includes time with RSM US LLP, Grant Thornton LLP and in private industry.

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Erika L. Morabito

Foley & Lardner LLP

Erika L. Morabito is a partner, litigator, trial attorney, and restructuring lawyer at Foley & Lardner LLP. From 2012 - 2015, Ms. Morabito served as the national department vice chair for Litigation, as well as the vice chair of the firm’s Business Litigation & Dispute Resolution practice. For nearly a decade, she also served as the hiring partner for general practice for the firm’s Washington, D.C. office. Ms. Morabito concentrates her practice in bankruptcy, creditors’ rights, debtor reorganizations, and out-of-court restructurings. She represents chapter 11 debtors, creditors' committees, Chapter 7 and Chapter 11 Trustees and Federal Court appointed Receivers, and she frequently advises and represents clients in creditors’ rights litigation, avoidance actions, claims disputes, out-of-court restructurings and the purchase and sale of assets under the Bankruptcy Code. In addition, she works in the areas of complex commercial litigation, commercial real estate, including foreclosures, FDA litigation, loan transactions, insurance claims, fiduciary duty litigation, compliance work, and environmental liability disputes.

Ms. Morabito is a member of the firm’s Bankruptcy & Business Reorganizations and Business Litigation & Dispute Resolution Practices, as well as the Automotive and Airport & Aviation Industry Teams. In addition, she is a member of Foley’s Innovation Committee, Recruiting Committee, and Alumni Advisory Counsel. Ms. Morabito also serves as the co-chair of the Women’s Retention Initiative, which supports an increase in women in leadership positions throughout the firm.

Ms. Morabito has extensive experience representing individuals, officers and directors, businesses, financial institutions, corporations, partnerships and other entities involved in commercial transactions, large bankruptcy and litigation matters, including retail, airline, automotive, coal, health, fraud, and Ponzi scheme matters. Additionally, she has represented debtors, creditors’ committees, and secured and unsecured creditors before many Federal Bankruptcy and District Courts, as well as clients in loan workouts, lender liability claims, domestic and international arbitrations, foreclosure proceedings, and contractual dispute resolutions. She also frequently advises purchasers and sellers in transactions involving insolvent entities in anticipation of a future bankruptcy filing. This advice includes fiduciary duty responsibilities, liability as it relates to environmental claims, and the rights of licensees and licensors to intellectual property.

In addition to her bankruptcy and restructuring work, Ms. Morabito has been involved in a wide variety of complex commercial litigation cases in both state and federal courts throughout the country, and international arbitration matters, including business tort, breach of contract, employment, large commercial collection, FDA, construction litigation, and non-compete actions. She regularly practices in the state and federal courts of the Commonwealth of Virginia and actively litigates in several courts throughout the country.

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