Bankruptcy Litigation Committee Meeting Minutes

2007 Annual Spring Meeting

On April 13, 2007, as part of the 2007 Annual Spring Meeting, the Litigation and Ethics Committees presented a joint program entitled, "When E-Mail Goes Awry. . . Ethical Issues & Practical Problems that arise in Bankruptcy Litigation"

The Panel included:

Moderator:         United States Bankruptcy Judge Barry Russell, Central District of California
Panelists:           Terri L. Gardner, Esq,, Partner, Poyner & Spruill, LLP, Raleigh, N.C.
                        Karl Schafer, Esq., Associate, Carter, Ledyard & Milburn, LLP, New York 
                        Ted Gavin, CTP, Principal, NachmanHaysBrownstein, Inc. Wilmington, Del. 
                        Steven R. Skirvin, Esq., Partner, Dion-Kindem & Crockett, Woodland Hills, Calif.

The attendance was excellent and the program went very well. Those in attendance were encouraged to submit articles for publication in the Litigation Committee's Newsletter.

Judge Russell announced that Mark Maloney will replace Rudy Cerone as Co-chair of the committee. Judge Russell thanked Rudy Cerone for his outstanding service as Co-chair and presented him with a plaque on behalf of the ABI

2006 Winter Leadership Conference

On Saturday morning, December 2, 2006, the Bankruptcy Litigation and ADR Committees presented a joint program entitled "Litigation Tactics and Strategic Uses of ADR after the Code Amendments."

The 1 1/2 hour program was moderated by Tom Salerno and covered the following issues:

1. Dillon Jackson: Strategic points from the lawyer as litigant

2. Judge Houser: The judge as mediator

3. Judge Baum: Judge's view on mediation - why judges like the process

4. Judge Russell: Judge's view on mediation - why judges may not like it

The program was very well received and attended.

2006 Annual Spring Meeting

The Bankruptcy Litigation Committee jointly sponsored with the International and Young and New Members Committees at the Annual Spring Meeting in Washington, D.C., a fun cutting edge program entitled Dueling International Courtrooms.  The program showcased Committee Co-Chair Hon. Barry Russell and Justice Farley of Canada battling over a recognition of a foreign proceeding and determination of a debtor’s center of main interest under Chapter 15 and Canada’s BIA.  The program featured: Hon. Barry Russell, U.S. Bankruptcy Court Chief Judge (Los Angeles); Justice Farley, Judge for the Superior Court of Justice (Toronto, On.); Rudy Cerone of McGlinchey Stafford, PLLC (New Orleans) (Committee Co-Chair); Douglas Deutsch of Chadbourne &Parke, LLP (New York); Josefina Fernandez McEvoy of Squire, Sanders & Dempsey, LLP (Los Angeles); Steven Golick of Osler, Hoskin & Harcourt LLP (Toronto, On.); Gordon W. Johnson of Kirkland & Ellis, LLP (New York); Thomas Salerno of Squire, Sanders & Dempsey, LLP (Phoenix); Carl Schaffer of Carter, Ledyard & Milburn LLP (New York); Brian Shaw of Shaw Gussis Fishman Glantz Wolfson & Towbin LLC (Chicago); and Ronald J. Silverman of Bingham McCutchen LLP (New York).  The program was well-attended and very well-received.

2004 Winter Leadership Conference

The first program presented by this committee was “Digging the Dirt: Pre-trial Discovery in Fraud Cases.” This program focused on the efficient and effective use of the discovery tools to investigate and build a fraud case in contested bankruptcy proceedings. Using the special techniques available in bankruptcy as well as the traditional discovery procedures, the focused on both the general strategy as well as the particular problems arising in cases alleging fraud, such as defective or missing records, invocation of the Fifth Amendment, and the development of proof of knowledge and intent.