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Vol 12, Num 2 l July 2015

Technology and Intellectual Property

► In This Issue:

Social Media Update: Facebook and Twitter Accounts Are Property of the Estate

ABI

Ericka Johnson
Womble Carlyle
Sandridge & Rice, LLP

Wilmington, DE

Kendra Rodwell
Widener School of Law (3L)
Wilmington, DE

On April 3, 2015, U.S. Bankruptcy Court for the Southern District of Texas ruled that business social media accounts are property of the estate. Accordingly, the court ordered the former owner to relinquish control of the accounts, which the former owner claimed were personal and not business related.

Case Background
CTLI LLC (the “Debtor”) is a gun store and shooting range in Katy, Texas originally owned by Jeremy Alcede and his then-wife Sarah Alcede. Sometime in late 2011, Steven Coe Wilson invested $2.2 million to expand the establishment in exchange for 30% ownership of the business. Disputes arose between the parties and Mr. Wilson sought appointment of a receiver. On June 27, 2014, the day after the request for appointment of a receiver was approved, the Debtor filed a petition under Chapter 11 of the Bankruptcy Code.

Mr. Wilson sought the appointment of a trustee. Although the Court denied the request for appointment of a trustee, the Court terminated exclusivity so that Mr. Wilson could propose a chapter 11 plan (the “Plan”).

» Read More

ABI Presents Panel on Technology's Impact on the Everyday Practice of Law

ABI

John G. Loughnane
Nutter McClennen & Fish, LLP
Boston

Earlier this month at ABI's Northeast Bankruptcy Conference a panel discussion was held to discuss the impact of technology on the practice of law. Panel members included Hon. Peter G. Cary of the U.S. Bankruptcy Court for the District of Maine; Thomas J. Raftery of Raftery Law Offices in North Chatham, Mass.; and Tarek Ghalayini of AlixPartners, LLP in New York. John G. Loughnane of Nutter McClennen & Fish, LLP in Boston moderated the session.  

The panel focused on traditional technology concerns, trending issues and strategies for keeping pace with the inevitable continued evolution of technology. Also of focus during this panel were the various sources of determining standards of practice in the community; including relevant cases, the demands of clients (especially highly regulated clients), and the requirements of insurers. The panel then dug into various traditional concerns with technology including record keeping and confidential communications before discussing the trending issues of data security and technical proficiency.

Discussion at both sessions was highly interactive with members of the ABI community who attended and participated. The written materials generated by the panelists are available online. These materials include a variety of papers authored by the session's speakers.

Technology has dramatically changed the practice of law and will continue to do so. Active participation in ABI's Technology & Intellectual Property Committee can help practitioners stay current with developments of interest.

ABI’s Committee Website has MovedNEW

You may have noticed a few changes to the committee site over the last week, including a new location. The committees' webpages have now been integrated into the main ABI website. To access these new pages, simply visit abi.org, hover over the "Membership" tab, and click on "Committees." Here, you will be able to access newsletter articles, recent recordings, announcements, listserve activity and contact information for your leadership team.

Not sure of what committees you are a member? Update your profile, select the "Committees" tab and use the check boxes to update your status. While you're here, take a few moments to update your full preferences, including CLE and bar information, contact information, title, and more. Uploading a professional photo is also a great way to make yourself more visible in the directory. Not only will your photo be included in the directory, but ABI staff will also have it available for use with any future article or speaking bylines.

Have comments, questions or concerns? Email us through our new support system: support@abi.org.

Update Now: New Version of ABI Events App Available

Attending an ABI conference? Maximize your experience with the official ABI Events app! With this interactive mobile app, you can:

  • View a complete listing of ABI events and join the events most important to you
  • View the full schedule for specific ABI conferences, including all educational sessions, networking and optional events, and materials
  • Access maps of meeting spaces and get information about the hotels and host cities
  • View ABI conference exhibitors and sponsors
  • Create your own profile, message other conference attendees, and post photos 
  • View up-to-the-minute schedule changes for ABI conferences
  • Create personal notes, bookmarks and schedules

Download or update your ABI Events app today!

ABI thanks Donlin, Recano & Co. for its generous sponsorship of the ABI Events app.

2015 Bankruptcy Judges Roundtable

 

11th Annual Mid-Atlantic Bankruptcy Workshop Aug. 6-8, 2015

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