Bankruptcy, cryptocurrency, top ABA agenda

Bankruptcy, class actions, virtual currency and federal banking regulations will be among the array of topics government officials, judges and industry experts will discuss during the American Bar Association’s 2018 Business Law Section Fall Meeting, Nov. 15-18, in Washington, D.C.

Friday programs include:

• “Bankruptcy for Breakfast 2018” — Panelists, including Judge Elizabeth Stong of the U.S. Bankruptcy Court for the Eastern District of New York, will focus on developments in business bankruptcy and bankruptcy litigation in 2018. The panel will provide an overview of statistical filing information from the courts, analysis of recent significant cases, trends in releases and exculpation in chapter 11 plans and predictions for the bankruptcy and insolvency industry in 2019.

• “The Future of Class Actions” — This panel will discuss how recent case law from the Supreme Court has significantly altered the contours of class action litigation. Decisions such as Spokeo, Tyson, Campbell-Ewald, Epic and Cyan will reverberate through the legal system, as will the appointment of a new Supreme Court justice.

• “Securities Regulatory Update: New Rules, Interpretations and Enforcement Actions Affecting Institutional Investors” —  Panelists, including Robert Bagnall, senior special counsel for the Office of the General Couse at the U.S. Securities and Exchange, will review proposed rules, enforcement actions and staff interpretations by the SEC and other federal regulators that affect the investments and investment managers of institutional investors. Topics to be discussed will include: SEC proposed interpretation of the fiduciary duty of investments advisers, new ETF rules, new swap and derivative regulations and notable SEC
enforcement actions. The panel will also discuss the objectives and agenda of the SEC under Chairman Jay Clayton.

• “Dialogue with the Director of the Division of Corporation Finance” — Director William H. Hinman will participate in a Q&A with Robert E. Buckholz, chair of the Business Law Section’s Federal Regulation of Securities Committee.

• “Cryptocurrency – An Institutional Investor Perspective” — Panelists will provide an overview of cryptocurrency investments, fund management and regulation, focusing on the perspective of institutional investors considering investments in crypto assets or related investment vehicles. Topics will also include idiosyncratic opportunities and risks associated with investments in crypto assets. Among the speakers is FBI supervisory special agent Joel DeCapua.

• “Tour of the Ivory Tower: Developments in the U.S. Supreme Court for Business Lawyers and Clients” — In its 13th year, the Ivory Tower panel presents a lively expert discussion regarding major business law cases in the Supreme Court’s October 2017 term, recent changes at the court (including the confirmations of the two most recent justices, Neil Gorsuch and Brett Kavanaugh), and where the court is headed in the coming term.