Committee Educational Session Agendas
Alternative Dispute Resolution
Is Arbitration the Right Decision for Your Client?
That boilerplate arbitration clause can be a gift—or a problem. Learn more about enforcing it, getting out of it and the alternatives.
Asset Sales
Continuing Turmoil and Crisis in Subprime Mortgages
Challenges and opportunities for restructuring professionals.
Bankruptcy Litigation/Commercial Fraud Task Force (joint)
Gotcha! Replacing Management for Fraud and Other Evil Deeds
Under §1104, you need to meet an evidentiary burden to oust management on issues of fraud, dishonesty, incompetence or gross mismanagement. Most frauds go unnoticed in private companies, and public companies have not exactly been fast to eliminate members of the debtor’s rat pack. Attend this session and obtain the information you need to expose the “Seven Deadly Sins” and win the appointment of trustee or examiner. This will be followed by “20 Questions for Management of the Debtor at the 341 When Fraud and Other Evil Deeds Are Suspected.”
Hon. Barry Russell (U.S. Bankruptcy Court; Los Angeles), Jordon W. Siev (Anderson, Kill & Olick; New York), Brian C. Walsh (Bryan Cave LLP; St. Louis), Cyrus Noshir Pardiwala (PricewaterhouseCoopers LLP; New York) and Deirdre A. Martini (CIT Group Inc.; New York).
Bankruptcy Taxation/Consumer Bankruptcy (joint)
Tax Issues in Consumer Bankruptcy
Ken C. Weil (Seattle), Henry E. Hildebrand (Lassiter, Tidwell, Davis, Keller & Hogan PLLC; Nashville, Tenn.) and Willis Douglas (U.S. DOJ, C.D. Calif.).
Business Reorganization/Employee Benefits in Bankruptcy (joint)
Section 1114 Issues in Large and Middle-Market Cases
Charles M. Dyke (Thelen Reid Brown Raysman & Steiner LLP; San Francisco), Trent Cornell (Stahl Cowen Crowley LLC; Chicago), David Jury (United Steelworkers of America; Pittsburgh), Stuart Wohl (Segal Co,; Washington, D.C.) and Andrew Yearley (Lazard; New York).
Court Administration
ECF and Issues Surrounding Proofs of Claim
Kelly Beaudin Stapleton–Moderator (Office of the U.S. Trustee; Philadelphia), Kathy L. Yeatter (Wells Fargo Trumbull; New York), Kenneth M. Freda (The Garden City Group, Inc.; Melville, N.Y.) and Barry K. Lander (U.S. Bankruptcy Court; San Diego).
Finance and Banking
First- and Second-Lien Issues
This committee will discuss the interplay and strategies associated with first-lien/second-lien disputes; from valuation to intercreditor rights to economic agendas (i.e., loan-to-own vs. sale now, etc.). The panel will feature an investment banker, a “company-side” lawyer, a first-lien-side representative/lawyer and a second-lien lender (hedge fund).
Financial Advisors/Investment Banking/Professional Compensation/Public Companies and Claims Trading (joint)
PART I: Full Disclosure: The Results of the ABI Professional Fee Study
Prof. Stephen J. Lubben takes your questions on the landmark ABI-funded Fee Study and its ramifications. The Q&A session will also feature a panel moderated by C.R. “Chip” Bowles Jr., chair of the Fee Study Steering Committee and Practitioner’s Panel (Greenebaum Doll & McDonald PLLC; Louisville, Ky.). Gerald A. Shapiro (CRG Partners, LLC; Wilton, Conn.), J. Scott Victor (National City Capital Markets-Investment Banking; Conshohocken, Pa.) and Keith J. Shapiro (Greenburg Traurig LLP; Chicago).
PART II: Hedge Fund Competition for Control of Public Chapter 11 Debtors and Their Reorganizations
A panel will discuss issues relating to the prevalence of hedge funds competing for control of and/or substantial ownership of public chapter 11 debtors and their reorganizations.
H. Slayton Dabney (King & Spalding; New York), James D. Decker (Alvarez & Marsal; Atlanta), Peter M. Gilhuly (Latham & Watkins LLP; Los Angeles) and M. Steven Liff (Sun Capital Partners, Inc.; Los Angeles).
Health Care
Roundtable on Reform, Legislation, Case Law and Business Operations
The panel will discuss the impact of the new BAPCPA provisions on sales of nonprofits (§§363(d)(1) and 1129(a)(16)), self-insurance of health care claims, the interplay of state court receiverships and subsequent bankruptcies, and the new ombudsman provisions.
International/Uniform Commercial Code (joint)
Securing Your Transactions Across Borders
The panel will present a comparison of secured transactions law of the United States, Canada, Mexico and England.
Kenneth Samuel Atlas (Borden Ladner Gervais LLP; Montreal) and Ian G. Williams (Geldards LLP; Nottingham, England).
Legislation
Current Developments in the “Oversight” Congress
Mass Torts
The Mass Tort in a Chapter 11: What’s a Debtor to Do?
Real Estate/Young & New Members (joint)
The New American Skyline: Builder/Developer Workouts and Restructurings
Jeffrey L. Hubbard (Sheldon Good & Co.; New York), Leslie Ann Berkoff (Moritt Hock Hamroff & Horowitz LLP; Garden City, N.Y.), Joseph H. Smolinsky (Chadbourne & Parke LLP; New York) and Heidi Jan Sorvino (Katten Muchin Rosenman LLP; New York).
Technology and Telecommunication Cases
The Month Before: The People and Technology You Need to Get Your Case Filed
During the critical 30 days prior to the filing of a chapter 11, it is crucial that the proper people and systems be put into place to provide the smoothest possible entry into the bankruptcy arena. This program focuses on the practical and practice side of bankruptcy planning (as opposed to venue selection, DIP financing, first-day motions, etc.).
H. Jason Gold (Wiley Rein LLP; Washington, D.C.), Ray C. Schrock (Kirkland & Ellis LLP; Chicago), Jeff Pirrung (Administar Services Group LLC; Jacksonville, Fla.), Neil Gilmour III (Executive Sounding Board Associates Inc.; Wilmington, Del.) and Guy A. Davis (Protiviti, Inc.; Richmond, Va.).
Unsecured Trade Creditors
Creditors’ Committees: Do They Still Bring Value to Chapter 11?
Hon. James D. Gregg (U.S. Bankruptcy Court; Grand Rapids,
Mich.) will moderate a roundtable of committee members.