The Madoff Ponzi scheme has brought intense scrutiny to a controversial tool of the bankruptcy trustee: the "clawback" of funds received from a bankrupt person or entity. Sometimes, as in the Madoff case, the people subject to the clawback are victims themselves.
Join us for a webcast that will look at the clawback in detail. Among other things, we'll discuss the law and precedent on when clawbacks are appropriate, how the trustee in the Madoff case and other cases such as Stanford and Westgate may apply the clawback provision, and how clawbacks can be fought off in certain situations. We'll also address related economic and policy issues such as tax loss, damages, and perceptions of equity.
Panelists include Rick Kirby, a partner in the securities litigation practice at K&L Gates; Dr. Fred Dunbar, Senior Vice President at NERA Economic Consulting; and Dr. Marcia Kramer Mayer, Senior Vice President at NERA Economic Consulting.
The first days after a complaint is filed are critical to managing the eDiscovery requirements of the case efficiently and cost-effectively. With a scheduling order required within 120 days of the complaint and a Rule 26(f) “meet and confer” conference required at least 21 days before that, there’s a lot to do and a short time to do it. Where do you begin? This CLE-approved* webcast will discuss the various issues to consider and decisions to be made to help you meet your discovery obligations in an efficient and proportional manner. Topics include:
+ What You Should Consider Doing before a Case is Even Filed
+ Scoping the Discovery Effort
+ Identifying Employees Likely to Have Potentially Responsive ESI
+ Mapping Data within the Organization
+ Timing and Execution of the Litigation Hold
+ Handling of Inaccessible Data
+ Guidelines for Interviewing Custodians
+ Managing ESI Collection and Chain of Custody
+ Search Considerations and Preparation
+ Handling and Clawback of Privileged and Confidential Materials
+ Determining Required Format(s) for Production
+ Timing of Discovery Deliverables and Phased Discovery
+ Identifying eDiscovery Liaison and 30(b)(6) Witnesses
+ Available Resources and Checklists
Presentation Leader: Doug Austin
Doug is the VP of Operations and Professional Services for CloudNine. At CloudNine, Doug manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients.
Special Consultant to CloudNine: Tom O'Connor
Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.
* MCLE Approved in Selected States