Young & New Members Committee Meeting Minutes
2007 Annual Spring Meeting
On Thursday, April 12, 2007, the Young
and New Members Committee participated in the well attended Young and
New Members/Ambassadors reception that was held in connection with
ABI’s Ambassador Program and at which time, first time conference
attendees were able to meet with, and learn about the ABI from, their
respective ambassadors. The successful reception was followed by
the Young and New Members educational committee meeting that was held
jointly with the Unsecured Trade Creditors Committee on Saturday 14,
2007. The program, entitled “Fifty Ways
to Leave Your Debtor: Lesser Known Remedies For Jilted Creditors”
discussed less traditional creditor remedies availableunder both state
and federal laws. Remedies discussedincluded state and federal trust
fund laws (i.e. PACA, Builders Trust Fund), various lien andArticle 2
rights and remedies), setoff and recoupment, as well as other remedies
that are not alwaysat the tip of a creditor's tongue when faced with the
financiallytroubled customer. The panel, consisting of
Brian Shaw, Deborah Thorne
and Bruce Nathan, covered the practical aspects ofutilizing these
remedies to protect creditors' rights, insideand outside of the
bankruptcy arena, and presented a debtor's perspectiveon how to address
and react to these remedies when asserted against it either before or
after the commencement of a bankruptcy case.
2006 Winter Leadership Conference
On Thursday, November 30, 2006, the Young and New Members Committee
participated in the well attended Young and New Members/Ambassadors
reception, that was held in connection with ABI's Ambassador Program and
at which time, first time conference attendees were able to meet with,
and learn about the ABI from, their respective ambassadors. The
successful reception was followed by the Young and New Members
educational committee meeting that was held jointly with the Business
Reorganization Committee and the on Friday, December 1, 2006. The
program, entitled “You Can Run, But Can You Hide? - Are Third
Party Releases Permissible in Plans of Reorganization?” discussed
the propriety of such releases for professionals, officers and directors
and third party co-defendants. The panel, comprised of the Honorable
Judith Fitzgerald, from the United States Bankruptcy Court for the
Western District of Pennsylvania, Ronald Barliant from Goldberg Kohn
Bell Black Rosenbloom & Moritz Ltd and Bill Kosturos from Alvarez
& Marsal, was moderated by Brian Shaw of Shaw Gussis Fishman Glantz
Wolfson & Towbin LLC. The panel addressed the reasons for third
party releases, the typical requirements for obtaining such releases (if
permitted) and the practical methods by which to obtain and implement
them through the confirmation process. Noting that such releases are not
universally accepted, the panel also keyed the audience into the
different positions taken by the circuits with respect to third party
releases. Given the diverse perspectives on the panel -- debtors' and
creditors' counsel, a jurist and a business advisor -- the discussion
provided an interesting and insightful presentation to all who
attended.
2006 Annual Spring Meeting
During the Spring Meeting, the Young and New Members Committee
jointly presented an educational program on Chapter 15 with the
International and Litigation Committees. With the assistance of
many program participants (including the YNMC's chairs,
Brian Shaw and Doug Deutsch), the
program provided a birds-eye view of how
lawyers, clients and judges would conduct a
joint multi-jurisdictional hearing before two leading
jurists.
The program's stage was divided into two sides, with Judge Barry
Russell on one side (in Los Angeles) and
Justice James Farley on the other (in Toronto).
Both faced the bankruptcy filings (a Chapter 15 in the
United States and a
CCAA in Canada)
of a fictitious company named FuelTech. Most of the
participants served as counsel to an interested party in
the proceedings, and each clearly had different interests in the
outcome. Should a DIP be granted by Judge Russell in the
United States despite
the fact that FuelTech had first filed for CCAA relief in
Canada before Justice
Farley? This tough question, along with many others,
was clearly argued before both Judge Russell and Justice
Farley, allowing all to see the power and limitations of Chapter 15 and
the need for the two courts to deal with country based interests and
biases fairly. Happily, the disputes were educational and the
program was lively, despite the fact that it began at 8 a.m. on
Saturday morning. Overall, all seemed to agree that
the program was a great success.
The Young and New Members Committee also co-sponsored
the Ambassador /YNMC Reception during the
Spring meeting. We are happy to report that this
event was also well-regarded. The new Ambassador Program
is designed to encourage new members to become more familiar with
ABI and its services early in their membership and thus become more
involved with ABI. YNMC, of course, has similar goals.
At the reception, each new member was assigned a more senior ABI
"sponsor" who talked to the new member about ABI, introduced the member
to various staff members and other ABI members and generally tried to
welcome the new member to ABI. A large number of
new members attended as did various (not brand-new) YNMC members and a
host of more senior ABI officers, directors and ambassadors.
2005 Annual Spring Meeting
On Thursday evening, the Young & New Members Committee convened
its traditional first night get-together. Co-chairs Doug Deutsch and
Brian Shaw welcomed the group and made a few remarks regarding the
purpose of the Committee, and the activities of its three
sub-committees, Programming, Publications and Networking. In addition,
their was also an introduction to Saturday’s educational program
on Pre-arranged Bankruptcy, put on jointly with the Financial Advisor
Committee. The evening meeting was followed by the traditional Young
& New Member Reception.
On Saturday morning the Young & New Member Committee and
Financial Advisor Committee convened its joint educational session,
“Bringing a Prearranged Plan Together—Can We Agree to
Agree?” Steven Victor of Development Specialists Inc. moderated a
panel of experts that included Ron Kubick of GE Commercial Finances,
Adam Paul of Kirkland & Ellis and Peter Kaufman of Gordian Group,
LLC. The panelist presented many opinions and other guidance on
Pre-arranged bankruptcy from various points of view including those of a
crisis manager, debtor and its counsel, investment banker and distressed
lender. All in all the program was very informative and a great success,
as was the joint effort of the two committees.
2004 Winter Leadership Conference
The Young & New Members Committee (YNMC) met at 5:00 p.m. on
December 2, 2004 at the Winter Leadership Conference. The meeting was
lead by co-chairs Brian Shaw and Doug Deutsch and included
- Introduction/orientation to ABI;
- YNMC subcommittee updates;
- Introduction of the YNMC/BRC joint committee program by Mark Jones
of Mesirow Financial Advisors.
The meeting was followed by a reception with the ABI board of
directors that featured a spectacular array of cheeses and breads.
The YNMC reconvened at 9:30 a.m. on December 3, 2004 for its joint
meeting with the Business Reorganization Committee for the program
“Valuation in Chapter 11 Cases: What You Want Depends On Where You
Sit (And When You Are Sitting There).” YNMC’s Melissa Kibler
Knoll moderated the panel, which included BRC co-chair Bob Keach and
others. The program started with a overview of how valuation effects
various aspects of a Chapter 11 case, and discussed various
methodologies used to perform valuation in the Chapter 11 context. The
panel then presented a case study that was utilized to show attendees
how different methodologies, and subtle changes in approaches and
mathematics can be utilized to present valuation in the most beneficial
manner to your position in the Chapter 11 case. YNMC was very pleased
with the joint committee meeting and intends on continuing its use of
the dual Thursday evening/collaborative educational at future
conferences.
2004 Annual Spring Meeting
The meeting was led by co-chairs Brian Shaw and Melissa Kibler Knoll
and included
- Introduction/orientation to ABI, including discussion of
“What’s New at ABI” by Caroline Milani, Chris
Thackston and Beverly Hoeftman;
- YNMC subcommittee updates (programming, publications/website and
networking);
- Introduction of the YNMC/ADR joint committee program by Catherine
Zinn and Lester Levy.
The meeting was followed by a reception with the ABI Board of
Directors sponsored by Corporate Revitalization Partners.
The YNMC reconvened at 8:00 a.m. on April 17, 2004 for its joint
meeting with the ADR Committee for the program “ADR In Bankruptcy
Cases: The Next Frontier?.” YNMC’s Brian Shaw moderated the
panel, which included ADR committee co-chairs Lester Levy and Judge
Barbara Houser, along with ADR Committee member Jack Fishman. The
program started with a brief overview of ADR (alternative dispute
resolution) in its various forms, including the growth of ADR in the
judicial system and a benefits analysis relative to traditional
litigation. Panelists then discussed specific bankruptcy issues relative
to the prevalence of ADR’s use in practice both nationally and
regionally, typical uses such as avoidance actions, judicial views on
use of ADR, and examples of specific programs. The panel presentation
and ensuing committee discussion provided a forum both for the
YNMC’s members to learn about ADR and for all participants to
exchange ideas on using ADR more effectively in the bankruptcy process.
YNMC was very pleased with the joint committee meeting and anticipates
using a collaborative format with other committees in the future as a
way to provide YNMC members with relevant substantive programming and
introductions to other committees.
2003 Winter Leadership Conference
The committee meeting was held at 4:30 p.m. on Dec. 4, 2003. It was
attended by those committee members that were not participating in the
Nuts & Bolts Seminar that was conducted that day. The attending
members and Committee Co-chair Brian Shaw, along with Jim Whitney of
AlixPartners, held an informal networking discussion. In addition,
questions about the committee and ABI activities and opportunities for
involvement were addressed. The meeting was adjourned at 5:20.
2002 Winter Leadership Conference
The meeting was held on Thursday, Dec. 2, 2002, at 4:30 p.m. in
Tuscon, Ariz.
Melissa Knoll and Brian Shaw, two of three of the committee’s
co-chairs, presided over meeting.
The opening discussion introduced the new path on which the committee
was headed and the meeting primarily focused on that issue. Items
presented to the committee and discussed included:
- Plans for increasing young membership within the ABI;
- Plans for increasing young and new member activity within the
ABI;
- Current proposals regarding young and new members
“welcome” packages and ABI conference discounts;
- Members interest in and plans to implement several
subcommittees;
- The April 2003 “baby bankruptcy seminar,” to be
conducted on the Thursday of the ABI National Conference;
- The eduicational session being sponsored by the committee at the
April 2003 conference;
- The planned April 2003 committee meeting that is planned to focus on
marketing issues for young lawyers; and
- Members input on all of the subjects above.
The meeting concluded at approximately 5:30.
2001 Winter Leadership Conference
Several members of the Young and New Members Committee met at the
Winter Leadership Conference to discuss benefits of ABI membership,
options for involvement in committees and other ABI functions, and
future programming ideas and activities for the committee. Joel Levitin
spoke about the newly formed Technology Committee, in addition to
providing input based on his prior experience as chair of the Young and
New Members Committee. The committee then was joined for a reception by
the Executive Committee of the ABI Board of Directors, as well as other
new members.
2001 Annual Spring Meeting
The committee co-chairs took this opportunity to meet and greet
several of our new members and to familiarize them with membership
benefits and resources available through the ABI. Prof. G. Ray Warner
gave an interactive presentation on various sections of the Revised
Uniform Commercial Code and noted potential problems that may arise with
its implemenation in July 2001. We concluded our meeting with a
reception at which our members had an opportunity to meet members of
ABI’s Board of Directors.
2000 Annual Spring Meeting
The committee held an informal discussion about opportunities
available to new and young members to become actively involved in the
ABI. Several ideas were presented on new programs and services that
would be of particular interest to new and young members. These ideas
will be presented to the ABI leadership.
|
|
