Best of 2006 Rocky Mountain Bankruptcy Conference
Crimes, Ethics and Punishments: Violations, Violators and Remedies under Rule 9011 and Discovery Abuses


March 29, 2006 at 3:00 p.m.

Program Description:

Do the Zubulake rulings and the $1.4 billion judgment against Morgan Stanley cause you to lose sleep?  This presentation will review the current state of the law of discovery issues arising out of electronic evidence and provide useful resources for grappling with the issues of collecting and preserving electronic documents.  The presentation will review proposed changes to the Federal Rules of Civil Procedure to specifically address some of the issues surrounding electronic evidence.  The presentation will also review recent developments in case law considering Rule 9011 violations, sanctions, criminal and civil contempt.

Speaker Bios:

Penrod William Keith is a partner at Durham Jones & Pinegar in Salt Lake City, where his practice focuses on bankruptcy and creditors’ rights matters. He has been a lecturer on bankruptcy-related matters, chair of the Bankruptcy Section of the Utah State Bar and is the author of “Civil Rico-The Allegations in Context” in the BYU Law Review and “Contractual and Equitable Subordination in Bankruptcy” in Dealing with the Reorganizing Debtor, (PLI 1990) and is a contributing author to Collier on Bankruptcy Treatise and Norton Bankruptcy Law and Practice Treatise.

Steven J. McCardell is a partner at Durham Jones & Pinegar in Salt Lake City, where his law practice concentrates on representing debtors, trustees, examiners, committees, creditors and other parties in chapter 11 cases, workouts and related litigation and in advising parties on bankruptcy and insolvency matters in transactions. He is a member of the Utah Bankruptcy Lawyers Forum and a fellow of the American College of Bankruptcy, and is listed in The Best Lawyers in America and Utah Business’s Legal Elite in Bankruptcy/Creditors’ Rights. He has served as a member of the Local Rules Committees for the U.S. Bankruptcy Court for the District of Utah and the U.S. Bankruptcy Appellate Panel of the Tenth Circuit and as a member and chair of the Ethics Advisory Opinion Committee of the Utah State Bar. He has been an adjunct professor of law, teaching courses in business reorganization at the University of Utah College of Law and the J. Reuben Clark Law School. He was counsel to Ralph R. Mabey as examiner in the A.H. Robins case, has served as counsel to trustees in complex chapter 11 and chapter 7 cases in Utah and Colorado, and has represented numerous other parties in interest in chapter 11 cases across the United States.

Holly Renee Shilliday is a partner at Snell & Wilmer LLP in Denver, where her practice concentrates on bankruptcy and related state court and federal court litigation, including lift stay, nondischargeability, claim objections preference, fraudulent conveyance, plan confirmation, receiverships and related appellate work. Ms. Shilliday earned her B.A. at the University of Denver and her J.D. at Pepperdine University.

Hon. Howard R. Tallman was appointed a U.S. Bankruptcy Judge for the District of Colorado in Denver on Dec. 6, 2002. Prior to taking the bench, he served as the U.S. Trustee for Region 19, covering Colorado, Utah and Wyoming. Previously, Judge Tallman practiced with the Denver firm of Block Markus & Williams LLC, where he specialized in the representation of debtors, creditors, trustees, committees, asset-purchasers and other parties in workouts, restructurings, commercial litigation and bankruptcy cases and proceedings. He was also a member of the chapter 7 panel of trustees for Colorado from 1996-2000. From 1986-95, Judge Tallman practiced with the Denver office of the regional firm of Holland & Hart LLP, representing creditors and debtors in chapter 11 reorganizations. Judge Tallman is admitted to the Colorado and New Jersey state bars and is a member of the Colorado and Arapahoe County Bar Associations. He served as president of the Board of Directors for Continuing Legal Education of Colorado Inc. and the nonprofit legal education arm of the Colorado Bar Association and the Denver Bar Association. He was also a faculty member for the National Institute of Trial Advocacy. He has participated in the Bankruptcy Subcommittee of the Business Law Section of the Colorado Bar Association and the Bankruptcy Liaison Committee of the Faculty of Federal Advocates, and has lectured and authored articles on bankruptcy and related topics for many state bar and trade/industry associations. He is certified as a business bankruptcy specialist by the American Board of Certification. Judge Tallman received his B.A. summa cum laude from Villanova University, his M.B.A. in finance from the University of Colorado Graduate School of Business and his J.D. from the University of Denver College of Law.

Kimberly H. Tyson is a member of Sherman & Howard LLC’s litigation and natural resources department in Denver, where her practice concentrates on bankruptcy and related commercial litigation. She has represented secured creditors, creditors’ committees, trustees, unsecured creditors and purchasers in complex bankruptcies in Colorado and the West, and is the current co-chair of the Colorado Bar Association’s bankruptcy subsection. Ms. Tyson is a frequent lecturer on bankruptcy issues and co-authored the bankruptcy chapter of the Continuing Legal Education in Colorado Inc.’s 2001, 2002, 2003 and 2004 Annual Surveys of Colorado Law as well as the National Association of Credit Management’s Bankruptcy Reorganization Guide (Second Edition). She provided editorial assistance on Texas Personal Property Secured Transactions Handbook for Wisconsin Lawyers and Lenders and the American Bankers Association’s Guide to Challenging Consumer Bankruptcy. Ms. Tyson received her A.B. from Smith College and her J.D. from the University of Kansas School of Law.

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