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.
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