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Best of 2005 Bankruptcy Battleground West Conference
"Deepening Insolvency Issues."


Program Description:

The British courts have recognized the concept for decades as "Shadow Directorship Liability." Now it's showing up on our shores described as the act or tort of "Deepening Insolvency." This panel will explain the concept, as well as current trends in the law and the very practical and startlingly new (at least new to us) potential forms of liability possible (for example, against debtors and their directors and officers) under this fast-evolving theory.


Speaker Bios:

William A. Brandt Jr. is president and CEO of Development Specialists Inc. in Chicago. DSI has been involved in many matters, including Mercury Finance Co., Commercial Financial Services, Breed Automotive and Valeo Electrical Systems Inc. Mr. Brandt is working with representatives of the People's Republic of China on approaches to the reorganization of some of that country's state-owned industries. He was the principal author of the amendment to the Bankruptcy Code that permits the election of trustees in chapter 11 cases, and has been active in the last several Democratic National Conventions, serving in 1996 both as a vice-chair and as a delegate from the state of Florida, and in 2000 as a member of the Democratic National Committee's Platform Committee.

Scott F. Gautier is a partner at Peitzman, Weg & Kempinsky LLP in Los Angeles, where he focuses on representations of debtors, creditors, committees, equity holders and acquirers. Prior to joining the firm, Mr. Gautier practiced bankruptcy law with the Chicago office of McDermott, Will & Emery LLP and the Los Angeles office of Milbank, Tweed, Hadley & McCloy LLP. His current affiliations include the Financial Lawyers' Conference and the California, Los Angeles County and American Bar Associations. He routinely speaks and writes on bankruptcy law topics. Mr. Gautier earned his B.S.B.A from Ohio State University and his J.D. with high honors from the Chicago-Kent College of Law, where he was a member of the Order of the Coif.

Victor A. Sahn is a partner at SulmeyerKupetz APC in Los Angeles, where he specializes in insolvency proceedings, out-of-court restructurings, creditors rights and business litigation. He is a member of the Financial Lawyers' Conference and the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association. Mr. Sahn lectures regularly to lawyers' groups on bankruptcy and health care issues. He also lectures to client trade groups on bankruptcy-related issues and provides continuing education to law firms. Publications include articles on representation of secured creditors in bankruptcy, representation of bankruptcy trustees and government contracts in bankruptcy. A cum laude graduate of Syracuse University, Mr. Sahn received his J.D. from the University of San Diego School of Law.

Francis J. Lawall is a partner in the Philadelphia office of Pepper Hamilton LLP, where he concentrates in national bankruptcy and creditors' rights matters, including the representation of major oil companies in bankruptcy proceedings throughout the United States. Mr. Lawall lectures and publishes extensively on bankruptcy issues. He is co-author of "How to Turn Around a Corporation Plagued with Mass Toxic Torts," Workouts & Turnarounds, The Handbook of Restructuring and Investing in Distressed Companies and "Representing the Performance Bond Surety," Construction Defaults: Rights, Duties and Liabilities. Mr. Lawall earned his B.A. summa cum laude and his M.A. at Temple University and his J.D. from the Temple University School of Law, where he was on the editorial board of the Temple Law Review.


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