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Join NCBJ for the next Behind the Bench: Avoiding Accidents at the Intersection of Bankruptcy and Corporate Governance

Tuesday, November 17, 2026 | 1 p.m. Eastern

Corporate governance issues arise in small business cases and in the largest corporate bankruptcies. Our experts will discuss some of the hard problems that arise at the intersection of bankruptcy and corporate governance, such as:

When does having a CRO and/or independent manager or director satisfy concerns that would otherwise warrant appointing a chapter 11 trustee?
What does “independence” mean in this context, where some officers are repeat players appearing in numerous cases? How can a court or other parties evaluate and/or ensure independence?
What are the effects of prepetition governing arrangements and agreements once a debtor in in bankruptcy? How can a bankruptcy court both respect state law and private ordering while vindicating the rights and responsibilities of a bankruptcy trustee or debtor in possession?

Professor Jared Ellias, Harvard Law School, will moderate this panel featuring Hon. Laurie Selber Silverstein, and Hon. Michael Slade

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