Opposites Attract: A Civil(ized) Panel Discussion on Civil Litigation and Bankruptcy Law

“We’re like Luke Skywalker and Darth Vader,” Christina Tellado teased. Ms. Tellado, along with Todd C. Werts are speakers at the Federal Bar Association’s Virtual Annual Meeting being held September 8–11, 2020. Their panel, “An Ounce of Prevention: Perspectives on a Civil Plaintiff Filing Bankruptcy from Both Sides of the ‘V’” is chock-full of critical tips, strategies, and best practices for litigators. The FBA’s Virtual Annual Meeting is FREE to all members! Nonmembers pay only $100. Register now at  fedbar.org/fbacon20.

On September 10, 2020 from 2:30 pm–3:30 pm, Christina Tellado (Partner, Holland & Knight) and Todd C. Werts (Attorney, Lear Werts LLP) will explain the underpinnings of a bankruptcy case with emphasis on the judicial estoppel doctrine and its evolution within the federal courts. They will also analyze standing issues raised and the practical implications of either party filing for bankruptcy.

How did this highly useful panel topic come about? It turns out, Ms. Tellado and Mr. Werts found themselves as opposing counsel on several complex, high-profile cases. Ms. Tellado recounts, “Todd Werts, who focuses on complex wage and hour plaintiff litigation, and I were opposing counsel in a long, drawn out litigation, multi-plaintiff matter in federal courts throughout the country. Mr. Werts had individual clients joined together in wage and hour claims against my client. One of the issues that came up was this idea of estoppel in a failure to disclose a bankruptcy filing.”

The panel will provide interesting insight into the minds of plaintiff’s counsel in strategically approaching these issues as well as defense counsel. “We’ll offer practical tips on how to avoid being surprised by this situation,” Ms. Tellado describes.

A bankruptcy filing can have a significant impact on a civil litigation. Federal litigators often fail to comprehend the extent to which a bankruptcy proceeding can change the posture and strategy in such matters. These impacts can range from required disclosures and discovery devices within the bankruptcy court, to a party’s ability to present evidence in later litigation, to even whether a party has standing to assert claims or defenses in federal court.

As there are expected to be waves of bankruptcy filings due to COVID-19, attorneys should be familiar with the fundamentals of bankruptcy law and civil litigation. “If bankruptcies are going to increase due to financial circumstances surrounding the coronavirus, then the assumption is that it will have a greater impact on civil litigation,” Ms. Tellado observes.

Who should attend this panel? Bankruptcy is an issue that comes up in civil litigation more frequently than most attorneys realize, especially in the era of coronavirus. For those attorneys who might not have expertise in bankruptcy law, this is an essential panel to help them understand the overlap and the process. Civil litigators who may be newly-admitted attorneys or even experienced counsel can benefit from attending this panel at the Annual Meeting.

“Our panel will provide background and place special emphasis on employment and labor law. We will present the fundamentals and then go into standing issues and judicial estoppel, and how that cuts along the circuits,” Ms. Tellado explains.

Attendees will hear firsthand accounts of matters relating to bankruptcy, employment and labor law, and civil litigation, including: investigations, discovery, background checks, and the evolution of judicial estoppel from automatic application to a more flexible, factual-intensive view in some of the circuits. Panelists will offer both an intellectual and practical perspective on these issues.

The 2020 Virtual Annual Meeting will continue to offer high quality CLE panels, national awards spotlights, networking, and business meetings with a schedule that will accommodate the various locations of the FBA’s national membership. The FBA continues to be committed to providing opportunities that foster membership engagement. Sign up today at fedbar.org/fbacon20.

About the Author

Stacy Slotnick, Esq. holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst. She performs a broad range of duties as an entertainment lawyer, including drafting and negotiating contracts; addressing and litigating trademark, copyright, patent, and other IP issues; and directing the strategy and implementation of public relations, blogging, and social media campaigns.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.