Best of Northeast Bankruptcy Conference 2005
Ethics: Who Exactly is your Client, How do you Get Paid (and by Whom) and How do you Avoid Getting into Trouble when the Client tells you to do Something that Makes you Feel a Little Queasy?
September 28, 2005, at 11:00 a.m. EST

Program Description:

Beyond the simple admonition to get as big a retainer as possible, does it matter from whom the retainer comes and whether the asset used to pay the retainer was pledged? How might you wrestle a retainer from a secured creditor? What’s happening with carve-outs and how much should they be? How to say no to a client and whistle blowing. The obligations and limits of zealous advocacy. Candor with tribunal and possible conflicts with duties of loyalty and confidentiality to client.

Speaker Bios:

Charles F. Dougherty is a partner at Foley & Lardner LLP in Boston, where his work includes corporate restructurings, debt and equity investments, mergers and acquisitions, refinancings and workouts. Prior to joining the firm, Mr. Dougherty was a partner at Epstein, Becker & Green and the managing partner and CEO of Hill & Barlow. He is a member of the Bar of the Supreme Judicial Court of Massachusetts and ABI and is listed in The Best Lawyers in America and Chambers and Partners. Mr. Dougherty earned his B.A. from Hampshire College and his J.D. magna cum laude from Boston University School of Law.

John G. Loughnane is a partner at Gadsby Hannah LLP in Boston, where he is a member of the business reorganization and bankruptcy group. Mr. Loughnane has extensive experience representing asset purchasers, official unsecured creditors’ committees, chapter 7 trustees, corporate debtors, parties in preference and fraudulent transfer litigation, intellectual property licensors and licensees, and other parties in reorganization and liquidation proceedings. Prior to joining Gadsby Hannah, Mr. Loughnane was an associate and then a partner in the corporate/bankruptcy groups at Goodwin Procter LLP in Boston. He also previously worked for Parametric Technology Corp. in Needham, Mass. Mr. Loughnane is a member of the American, Massachusetts and Boston Bar Associations. He serves as co-chair of the Boston Bar Association’s Bankruptcy Law Public Policy Committee. He is also a member of ABI and the Turnaround Management Association. He serves as co-chair of the Creditors’ Rights and Bankruptcy Section of Meritas, a worldwide alliance of nearly 200 independent business law firms. Mr. Loughnane has written and lectured on numerous bankruptcy-related topics for a variety of organizations. Mr. Loughnane holds an A.B. from the College of the Holy Cross and a J.D. with honors from George Washington University, where he served as an editor of the Law Review.

Hon. Joel B. Rosenthal is a U.S. Bankruptcy Judge for the District of Massachusetts in Worcester, Mass. Judge Rosenthal sits on the Bankruptcy Appellate Panel of the First Circuit and as a visiting Judge in the District of Delaware. Prior to his appointment in 2000, Judge Rosenthal practiced law with the firm of Shapiro, Israel & Weiner PC, where he served as president and managing shareholder and specialized in secured transactions under Article 9 of the UCC, loan workouts, corporate reorganizations, real estate and general corporate matters. Judge Rosenthal is a member of the Massachusetts and Boston Bar Associations, the Turnaround Management Association, the National Conference of Bankruptcy Judges, ABI and the Association of Commercial Finance Attorneys, and he is a former chairman of the Bankruptcy Committee of the Boston Bar Association. He is a cum laude graduate of the University of Massachusetts and earned his J.D. with honors from the National Law Center, The George Washington University, where he was elected to the Law Review and the Order of the Coif.

Paul R. Salvage is a partner at Bacon & Wilson PC in Springfield, Mass., where he focuses on creditors’ rights, loan documentation and commercial transactions. He is a member of ABI, the Massachusetts, Boston and Hampden County Bar Associations as well as the Massachusetts Continuing Legal Education Association. Mr. Salvage earned his B.A. at the University of Vermont and his J.D. at Boston University.

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