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Meetings & Events

Friday, March 4, 2005

8:30–9:00 am


Sponsored by XRoads Solutions Group

9:00–9:15 am

Introductory Remarks

Hon. Mitchel R. Goldberg (U.S. Bankruptcy Court, C.D. of Calif., Riverside), Judicial Chair

9:15–10:30 am

The New Squeeze—Coming Second Lien Issues

The Panel will consider the likely effects and future issues generated by the explosion of “second lien” deals that have been closed since 2003. Among other issues, the panel will examine likely developments regarding: (i) remedy standstills; (ii) enforceability of voting agreements; (iii) advance consent to cash collateral, DIP financings and asset sales; (iv) release of liens in connection with asset sales; (v) adequate protection; (vi) reservation of rights of to make arguments that would be available to unsecured creditors; and (vii) rights of second lien holders as residual value holders.

  • Moderator: Peter M. Gilhuly (Latham & Watkins LLP, Los Angeles)
  • Ben H. Logan, (O’Melveny & Myers LLP, Los Angeles)
  • David A. Hollander (Tennenbaum Capital Partners LLC, Santa Monica)
  • William A. Shpall (Credit Suisse First Boston, Los Angeles)

10:30–10:45 am

Coffee Break

Sponsored by Milbank, Tweed, Hadley & McCloy LLP

10:45 am–12:00 noon

Inside the Judicial Mind

Get inside the minds of legal decisionmakers: judges, lawyers and litigants. This program will address recent empirical scholarship demonstrating the manner in which human psychology can influence or distort judicial decisionmaking, and discuss the implications of these findings for bankruptcy judges, lawyers and litigants. Applying this scholarship to the everyday experience of law practice, the panel will discuss: (i) the manner in which factors unrelated to the merits of a dispute may affect the decisionmaking of judges, lawyers and litigants; (ii) the strategies that advocates employ to maximize the impact of these psychological influences, as well as strategies opposing advocates may use to minimize that impact; (iii) the role that these psychological mechanisms play in negotiation and/or mediation between attorneys and litigants; and (iv) the systemic issues that these findings pose for the modern bankruptcy system.

  • Moderator: Lisa Hill Fenning (Dewey Ballantine LLP, Los Angeles)
  • Hon. Mitchel R. Goldberg—(U.S. Bankruptcy Court, C.D. of Calif., Riverside) Judicial Chair
  • Prof. Russell Korobkin (UCLA School of Law, Los Angeles)
  • David M. Stern (Klee, Tuchin, Bogdanoff & Stern LLP, Los Angeles)

12:00 noon–1:15 pm

Luncheon Presentation

“The Coming Federal Regulation of the Insurance Industry”

Speaker: John Garamendi, Insurance Commissioner of the State of California

Sponsored by Giuliani Capital Advisors LLP; Klee, Tuchin, Bogdanoff & Stern LLP; Latham & Watkins, LLP; Stutman, Treister & Glatt, PC

1:30–2:45 pm

“Faith”-Based Initiatives in Chapter 11: Bad-Faith Dismissals in Integrated Telecom Express, Inc. and Liberate Technologies.

Recent rulings in the 3rd and 9th Circuits by a Circuit Court and Bankruptcy Court, respectively, have approved and required that chapter 11 cases be dismissed due to an absence of “good faith.” In each case, arguably solvent debtors elected to use bankruptcy to cap creditor claims. The Panel includes attorneys for litigants on each side of the issue in these cases and in a prior “good faith” case. They will discuss these rulings, their own “opinions” of them, and what, if anything, the rulings portend for the expansion of this imprecise measure of “cause” for dismissal.

  • Moderator: Robert B. Orgel (Pachulski, Stang, Ziehl, Young, Jones & Weintraub, PC, Los Angeles)
  • James R. Stillman (Ellman, Burke, Hoffman & Johnson, San Francisco)
  • Ali M. M. Mojdehi (Baker & McKenzie LLP, San Diego)
  • Bennett L. Spiegel (Kirkland & Ellis LLP, Los Angeles)

2:45–3:00 pm

Coffee Break

Sponsored by BMC Group

3:00–4:15 pm

Deepening Insolvency Issues

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 as against Debtors and their Directors and Officers under this fast-evolving theory.

  • Moderator: William A. Brandt (Development Specialists, Inc., Chicago)
  • Scott F. Gautier (Peitzman, Weg & Kempinsky LLP, Los Angeles)
  • Victor A. Sahn (Sulmeyer Kupetz PC, Los Angeles)
  • Francis J. Lawall (Pepper Hamilton LLP, Philadelphia)

4:15 pm



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