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Litigators Behaving Badly: Ethics and Trial Tactics

Level: Advanced
Runtime: 96 minutes
Recorded Date: October 27, 2017
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  • Ethical Pitfalls in Preparing and Presenting Witnesses at Trial
  • The Section 1111(b)(2) Election
  • Using Social Media as a "Document"
  • Obtaining Social Media Communications and the Ethical Implications of "Self Help"
  • Fraud for Thought
  • "Self Help" Ethics
  • Discovery Aimed at Social Media Information
  • Privilege Communications vs. Privacy Settings in the Workplace
  • General Rules re: Social Media or Other ESI (Electronically Stored Information)
  • Overview of Rules of Professional Conduct
Runtime: 1 hour and 36 minutes
Recorded: October 27, 2017


A discussion of what to do when you are in the middle of “Litigators Gone Wild” while maintaining your ethics and your cool.

This program was recorded on October 27th, 2017.

Provided By

American Bankruptcy Institute
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Hon. Robert E. Nugent

Bankruptcy Judge
U.S. Bankruptcy Court for the District of Kansas

Hon. Robert E. Nugent is a U.S. Bankruptcy Judge for the U.S. Bankruptcy Court for the District of Kansas in Wichita, initially appointed June 14, 2000, and he served as Chief Judge from 2002-16. He has also served on the U.S. Bankruptcy Appellate Panel for the Tenth Circuit since 2002.

Prior to taking the bench, Judge Nugent was a partner in the Wichita firm of Morris, Laing, Evans, Brock & Kennedy, Chtd., where he practiced in the areas of commercial litigation, real estate and bankruptcy law. He was admitted to the Kansas and Federal Bars in 1980, was president of the National Conference of Bankruptcy Judges from 2014-15 and was secretary (2010-12) and a member of NCBJ’s Board of Governors (2006-09). He currently serves on the Judicial Conference Committee on Space and Facilities and is a past member of the Committee on Federal and State Jurisdiction, as well as a former president of the Wichita Bar Association (1998-99).

A frequent speaker for bankruptcy organizations and continuing legal education groups, Judge Nugent is a co-editor and chapter author of the Kansas Bankruptcy Handbook, Third Edition (Kansas Bar Association 2009) and a member of the board of editors of the Journal of the Kansas Bar Association.

He received his B.A. in English and political science in 1977 with honors from the University of Kansas and his J.D. from the University of Kansas School of Law in 1980.

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Eric D. Madden

Reid Collins & Tsai LLP

Eric D. Madden is a partner with Reid Collins & Tsai LLP in Dallas, where his practice focuses on the representation of liquidating trustees, creditor committees and private-equity funds in complex bankruptcy and business litigation cases.

He has been listed in The Best Lawyers in America for bankruptcy litigation, is AV-rated by Martindale-Hubbell, and has been named a Texas Super Lawyer in business litigation. Mr. Madden is a former co-chair of ABI’s Bankruptcy Litigation Committee and is a current co-chair of ABI’s Bankruptcy Taxation Committee.

He received both his B.A. and J.D. from the University of Kansas, where he was a member of Phi Beta Kappa and the Order of the Coif, and served as editor-in-chief of the Kansas Law Review.

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Elizabeth M. Lally

Goosmann Law Firm

Elizabeth M. Lally is a complex banking litigator. She is fluent in the language of bankruptcy and enjoys helping the Firm’s clients find creative solutions to complex business problems and commercial litigation. Elizabeth’s focus is on complex business and commercial litigation, debt restructuring and out-of-court workouts, Chapter 7 liquidation, and Chapter 12 and Chapter 11 reorganizations. She represents banks and other lenders as plaintiffs or defendants in civil litigation and in their capacity as creditors navigating the often difficult world of corporate insolvency and restructuring. Elizabeth also has extensive experience representing Bankruptcy Trustees and other creditors in suspected bankruptcy fraud investigations and all resulting litigation. Her vast knowledge of the world of business, banking, and bankruptcy help put her clients’ minds at ease knowing that their complex banking and business problems will be solved and put to rest – worth it.

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Jason L. Bush


Jason is a partner in the firm’s Financial and Securities Litigation and Commercial Litigation practice groups. He has extensive litigation experience, including numerous first-chair jury trials, trials to the court, and arbitration. He prides himself not only on being an excellent trial lawyer but also on having a practical understanding of his clients' business needs. This understanding began with his business and finance degree and has grown with nearly two decades of partnering with businesses, large and small, to understand their needs and help them reach their goals.

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