Thursday   |   Friday   |   Saturday

Thursday, November 29

8:00 a.m.

Optional Event: Golf Tournament

Sponsored by Polsinelli Shughart PC, Protiviti Inc. and Whiteford Taylor & Preston LLP

9:00 a.m.-5:00 p.m.

American Board of Certification Exams

12:00-6:00 p.m.

Registration Desk Open

1:00 p.m.

Optional Event: Tennis Tournament

Sponsored by Snell & Wilmer, LLP

1:00-4:00 p.m.

Optional Event: Sporting Clays Tournament at Tucson Trap and Skeet Club

4:00-6:00 p.m.

Exhibit Hall Open

Sponsored by Sherwood Partners, LLC

5:00-6:00 p.m.

New Member/Ambassador Reception

Sponsored by Greenberg Traurig, LLP

6:00-8:00 p.m.

Opening Reception

Sponsored by Executive Sounding Board Associates, Inc., GCG, Grant Thornton LLP, Mesirow Financial Consulting, LLC and MorrisAnderson

8:00-10:30 p.m.

Optional Event: Stargazing at Kitt Peak National Observatory

Friday, November 30

7:30 a.m.

Continental Breakfast

Sponsored by Jenner & Block LLP

8:00-9:30 a.m.

Plenary Session: Great Debates

Jeffrey N. Pomerantz, Moderator

ABI Vice President-Education

Pachulski Stang Ziehl & Jones LLP; Los Angeles

Since most debtors default in chapter 13 plans before they reach completion, are modifications needed to the law's rehabilitation goals?

Pro: Hon. Pamela Pepper

U.S. Bankruptcy Court (E.D. Wis.); Milwaukee

Con: Catherine Peek McEwen

U.S. Bankruptcy Court (M.D. Fla.); Tampa

Should the U.S. Trustee's enforcement role in chapter 11 cases yield to creditor preferences?

Pro: Robert M. Fishman

Shaw Gussis Fishman Glantz Wolfson & Towbin LLC; Chicago

Con: Clifford J. White, III

U.S. Department of Justice; Washington, D.C.

Do creditors' committees serve a useful purpose in cases where the debtor's assets are overly encumbered and the amount of unsecured claims is a fraction of the amount of secured debt?

Pro: Robert J. Feinstein

Pachulski Stang Ziehl & Jones LLP; New York

Con: Jay M. Goffman

Skadden, Arps, Slate, Meagher & Flom LLP; New York

8:30 a.m.-4:00 p.m.

Optional Event: Border Crisis: Fact or Fiction?

9:30-11:00 a.m.

Concurrent Sessions (4)

Business Track

Fraudulent Conveyance Litigation from Soup to Nuts

This program will present a mock hearing involving the myriad procedural and substantive issues associated with fraudulent-conveyance litigation brought by an estate representative, including Stern v. Marshall jurisdictional issues, Twombly and Iqbal and other issues.

Bench:

Hon. Joy Flowers Conti

U.S. District Court (W.D. Pa.); Pittsburgh

Hon. Barbara J. Houser

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Hon. Barry Russell

U.S. Bankruptcy Court (C.D. Cal.); Los Angeles

Litigants:

David M. Stern

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

David B. Wheeler

Moore & Van Allen, PLLC; Charleston, S.C.

 

Financial Advisors Track

Advising the Corporate Entity

This panel will explore the issues and challenges for lawyers and financial advisors arising in connection with advising companies on corporate-governance issues.

Bettina M. Whyte

Alvarez & Marsal; New York

Corinne Ball

Jones Day; New York

Holly J. Gregory

Weil, Gotshal & Manges LLP; New York

Hon. Christopher S. Sontchi

U.S. Bankruptcy Court (D. Del.); Wilmington

 

Consumer Track

From Infants to Toddlers: Bankruptcy Rules 3001 and 3002.1 Experience First-Year Growing Pains

Bankruptcy Rules 3001 and 3002.1 turn one year old on Dec. 1, 2012. The panel will explore the cases that have arisen over the past year and look ahead to as-yet-unresolved issues.

Nancy J. Whaley, Moderator

Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta

Hilary B. Bonial

Brice, Vander Linden & Wernick, P.C.; Dallas

John Rao

National Consumer Law Center; Boston

Hon. Laura Stuart Taylor

U.S. Bankruptcy Court (S.D. Cal.); San Diego

 

Professional Development Track

Litigation Skills: Mock Expert Examination

This program will demonstrate lay skills during a mock examination of an expert witness.

R. Scott Williams, Moderator

Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala.

Judge: Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Direct Exam: Dillon E. Jackson

Foster Pepper PLLC; Seattle

Cross Exam: Lynnette R. Warman

Hunton & Williams LLP; Dallas

Witness: James Peko

Grant Thornton LLP; New York

10:00 a.m.-2:00 p.m.

Optional Event: Best of the Barrio

11:00-11:15 a.m.

Refreshment Break

Sponsored by Loeb & Loeb LLP

11:15 a.m.-12:30 p.m.

Committee Educational Sessions (4)

Asset Sales/Financial Advisors & Investment Banking/Young & New Members

Negotiating the Terms of the Purchase and Sale

Holly F. Etlin

AlixPartners LLP; New York

Eric Fromme

Rutan & Tucker, LLP; Costa Mesa, Calif.

Hon. Eileen W. Hollowell

U.S. Bankruptcy Court (D. Ariz.); Tucson

Michelle K. McMahon

Bryan Cave LLP; New York

Louis R. Strubeck

Fulbright & Jaworski LLP; Dallas

Ethics & Professional Compensation/Health Care

Is There a Doctor in the House? Diagnosing and Treating the Health Care Business in Chapter 11

Martin G. Bunin

Alston & Bird LLP; New York

Jeffrey K. Garfinkle

Buchalter Nemer, PC; Irvine, Calif.

Judy A. Robbins

Office of the U.S. Trustee; Houston

Guy Sansone

Alvarez & Marsal; New York

Andrew M. Troop

Pillsbury Winthrop Shaw Pittman LLP; New York

Business Reorganization/Labor & Employment

Addressing Legacy Liabilities in Chapter 11 Cases

Bruce S. Bennett

Jones Day; Los Angeles

Felicia Gerber Perlman

Skadden, Arps, Slate, Meagher & Flom LLP; Chicago

Damian S. Schaible

Davis Polk & Wardwell LLP; New York

Samuel E. Star

FTI Consulting, Inc.; New York

ABI Commission to Study the Reform of Chapter 11: Field Hearing

This public hearing provides an opportunity for interested ABI members to appear and be heard before the Commission, created to consider and recommend changes to chapter 11. Follow the Commission's work at www.commission.abi.org. Those interested in testifying should contact ABI Executive Director Sam Gerdano at sgerdano@abiworld.org.

12:30-2:15 p.m.

Luncheon Presentation

Larry Sabato, Election Analyst and Author

"Sabato is the master of the horserace. His knowledge of the landscape of American politics is unquestioned."—POLITICO


How can you predict the winners—with 99 percent accuracy—of every congressional, senatorial and gubernatorial race in the country, while also predicting the Electoral College count with the smallest possible margin of error? Only one man in the country knows the answers to those questions: Dr. Larry Sabato. Called "the most quoted college professor in the land" by The Wall Street Journal, he is a professor of politics at the University of Virginia and the founder and head of the U.Va. Center for Politics, where his "Crystal Ball" electoral analysis expertly navigates the shifting sands of American electoral politics.

 

Sponsored by AlixPartners LLP, Freeborn & Peters LLP and Seabury Group LLC

2:15-3:45 p.m.

Concurrent Sessions (4)

Business Track

Pushing the Envelope

This program will feature a discussion of the aggressive provisions that debtor's, lender's and buyer's counsel have been trying to insert into DIP orders, sale orders and confirmation orders.

Rob Charles, Moderator

Lewis and Roca LLP; Tucson, Ariz.

Bonnie Glantz Fatell

Blank Rome LLP; Wilmington, Del.

Roger G. Schwartz

Latham & Watkins LLP; New York

Adrienne Walker

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston

Hon. Mary F. Walrath

U.S. Bankruptcy Court (D. Del.); Wilmington

 

Financial Advisors Track

How to Create Value for the Estate from Your First Client Meeting until Entry of a Final Decree

This panel will explore the ways in which financial advisors, investment bankers and chief restructuring officers can add value to a financially distressed company. Topics to be explored will include assessment of management, evaluation of asset quality, analysis of financial reporting, maintaining relationships with other stakeholders, creating operational improvements and other related endeavors.

Douglas E. Deutsch, Moderator

Chadbourne & Parke LLP; New York

T. Scott Avila

Deloitte CRG; Los Angeles

Lisa J. Donahue

AlixPartners LLP; New York

Teri Stratton

Piper Jaffrey & Co.; El Segundo, Calif.

 

Consumer Track

The National Mortgage Settlement: How Will It Affect Consumer Bankruptcy Cases?

Although the impetus for the $25 billion settlement was robosigning issues in foreclosure cases, many of its provisions affect residential mortgage loans in consumer bankruptcy cases. The panel will discuss the terms of the consent judgment, which will impact the handling of home loans by debtors, the affected servicers, the USTP and the bankruptcy courts.

Prof. Katherine M. Porter, Moderator

University of California, Irvine School of Law; Irvine, Calif.

Ramona D. Elliott

Executive Office for U.S. Trustees; Washington, D.C.

David L. Moskowitz

Wells Fargo & Co.; West Des Moines, Iowa

Professional Development Track

"I'm Shocked—Shocked!—to Find that Unethical Conduct Is Going On in Here!": A Tale of Ethics in Bankruptcy

Our play will address the ethical pitfalls faced by the attorneys in the chapter 11 bankruptcy of< Casablanca Snow Globes, Inc., a once-thriving manufacturer of world-class snow globes that has fallen on hard times due to cheap foreign competition, changes in consumer taste and unfair TSA regulations. Watch debtor's counsel struggle with whether she represents the debtor or its owner, as well as possible secret connections with the evil empire owned by Boris Badenough. Thrill to Boris's lawyer's problems with his various clients in this case, who are not always aligned (or sane). Our panel of experts will provide commentary on these critical issues, such as (a) who is your client; (b) what to do when clients don't tell the truth; (c) how to fulfill your obligations to be candid with the court; (d) how to avoid sharp lawyering practices; (e) best billing/fee application practices; and (f) conflicts of interest.

Panelists:

Mette H. Kurth

Arent Fox LLP; Los Angeles

Sheryl L. Toby

Dykema Gossett PLLC; Bloomfield Hills, Mich.

Prof. G. Ray Warner

St. John's University School of Law

Of Counsel, Greenberg Traurig, LLP; Jamaica, N.Y.

Hon. Eugene R. Wedoff

U.S. Bankruptcy Court (N.D. Ill.); Chicago

Cast Members:

C.R. "Chip" Bowles, Jr. (as the announcer)

Bingham Greenebaum Doll LLP; Louisville, Ky.

Robin E. Phelan (as Boris Badenough, president of Pottsylvania Octopus Fund III)

Haynes and Boone, LLP; Dallas

Howard Brod Brownstein (as Louis Rains, Maltese and Falcon Law Firm attorney for Pottsylvania Octopus Fund III)

Brownstein Corp.; Conshohocken, Pa.

Terri L. Gardner (as Ilsa Bogart, Bogart and Paris, LLP, attorney for Casablanca Snow Globes, Inc.)

Nelson Mullins Riley & Scarborough, LLP; Raleigh, N.C.

Scott Van Meter (as Rick Bergman, CEO and Owner of Casablanca Snow Globes, Inc.)

Navigant Consulting (PI) LLC; Houston

3:45-4:15 p.m.

Margarita Reception

Sponsored by Development Specialists, Inc. and GlassRatner Advisory & Capital Group LLC

4:15-5:30 p.m.

Committee Educational Sessions (4)

Asset Sales/Secured Credit/Unsecured Trade Creditor

What Happens after the Closing: A Study of Issues that Arise Post-Closing from a Seller's, Buyer's and Secured Lender's Perspective

Timothy Graulich

Davis Polk & Wardwell LLP; New York

John "Jack" J. Hebert

Polsinelli Shughart PC; Phoenix

James A. Lodoen

Lindquist & Vennum PLLP; Minneapolis

Dorene Robotti

Clear Thinking Group LLC; Hillsborough, N.J.

Bankruptcy Litigation/Commercial Fraud

Phelps & Rhodes Productions Presents: Trustee and the Badoff Investor Class v. Bigbank—a Mock Trial

Geoffrey L. Berman

Development Specialists, Inc.; Los Angeles

Leo Ray Beus

Beus Gilbert LLC; Scottsdale, Ariz.

Jason S. Brookner

Andrews Kurth LLP; Dallas

Allan B. Diamond

Diamond McCarthy LLP; Houston

Steven J. Katzman

Bienert, Miller & Katzman PLC; San Clemente, Calif.

Kathy Bazoian Phelps

Danning, Gill, Diamond & Kollitz, LLP; Los Angeles

Hon. Steven W. Rhodes

U.S. Bankruptcy Court (E.D. Mich.); Detroit

Catherine L. Steege

Jenner & Block LLP; Chicago

Consumer Bankruptcy/Legislation


Student Loans: Bankruptcy May Not Have the Answers—but Does Congress?

Prof. Daniel A. Austin

Northeastern University School of Law; Boston

Edward “Ted” M. King

Frost Brown Todd LLC; Louisville

Craig Zimmerman

Law Offices of Craig Zimmerman; Santa Ana, Calif.

Complex Bankruptcy Litigation in a Stern World

June 23 marked the one-year anniversary of the Supreme Court's decision in Stern v. Marshall, in which the court held that a bankruptcy court lacks the constitutional authority to enter final judgment in a state law counterclaim. Since Stern, the growing trend is uncertainty among the courts in whether to interpret this standard narrowly or broadly. This cloud of uncertainty only makes the most complex matters worse when large-sum commercial interests may be at stake, impacting lenders, officers and directors and other stakeholders involved in litigation.

Judith Greenstone Miller, Moderator

Jaffe, Raitt, Heuer & Weiss, PC; Southfield, Mich.

Hon. Charles G. Case, II

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Douglas L. Lutz

Frost Brown Todd LLC; Cincinnati, Ohio

Norman L. Pernick

Cole, Schotz, Meisel, Forman & Leonard, PA; Wilmington, Del.

 

*Panel co-sponsored by West, a Thomson Reuters business

6:00-7:00 p.m.

Women's Reception

Sponsored by SSG Capital Advisors, LLC

American Board of Certification Reception

Sponsored by the American Board of Certification

7:00-10:00 p.m.

Final Night Dinner Gala Featuring Jeff Tracta

Sponsored by Gavin/Solmonese

Entertainment sponsored by Andrews Kurth LLP, Bayard, P.A., Lindquist & Vennum and Proskauer


Impressionist, comedian and singer Jeff Tracta pays tribute to more than 50 years of music, comedy and pop culture. From the most current music artists—the Black Eyed Peas, Eminem and Lady Gaga—to legendary icons such as Bob Dylan, Billy Joel and Elton John, as well as comedy tributes including Adam Sandler, George Lopez, Joan Rivers, Ray Romano, Chris Rock, Jeff Foxworthy and the entire cast of "Family Guy"—Jeff's show has something for everyone. He first earned fame starring as Thorne Forrester on the hit daytime drama "The Bold & the Beautiful." He made his Broadway debut as Danny Zuko in Tommy Tune's revival of Grease at the Eugene O'Neill Theater, and his award-winning comedy performance in Agency received the Los Angeles Critics Choice Award. All of Jeff's albums have gone triple-platinum. He is a frequent guest on news and national talk shows and has been profiled on CNN, "The Tonight Show" and "Good Morning America."

After-Dinner Dancing to the Sounds of ABI's All-Member Rock Band, the Indubitable Equivalents!

A special sponsorship thanks to the following "Indubies" firms: MWI Bankruptcy & Finance ADR Panel, Pachulski Stang Ziehl & Jones LLP, Rust/Omni and Squire Sanders


Formed in 2004 by then-ABI President Michael Richman, the "Indubitable Equivalents" are the world's only all-ABI member rock-and-roll band. The "Indubies" are: Andy Caine (alto sax), Jack Esher (bass/acoustic guitar/vocals), Steven Golick (organ, wind controller), John Good (trombone/bass/percussion), Dillon Jackson (pedal steel/autoharp/mandolin), George Kelakos (lead guitar), Jordan Kroop (organ/piano/lead vocals/harmonica), Hon. Steven Rhodes (acoustic guitar), Michael Richman (piano/vocals), Mitch Ryan (lead vocals), Tom Salerno (drums/vocals) and Boris Steffen (trumpet). Come experience the phenomenon of the Indubitable Equivalents! All proceeds from IE performances benefit the Anthony H.N. Schnelling Endowment Fund.

9:30-10:30 p.m.

Anthony H.N. Schnelling Endowment Fund Dessert Reception with Special Guest Jeff Tracta "(By Invitation Only)"

Sponsored by Reynolds, Reynolds & Little, LLC, Tittle Advisory Group, Inc. and Togut, Segal & Segal, LLP

Saturday, December 1

7:30-8:00 a.m.

Breakfast

Sponsored by Thompson & Knight LLP, Womble Carlyle Sandridge & Rice, LLP

8:00 a.m.-12:00 noon

Optional Event: Cattle Drive!

8:00-9:30 a.m.

Concurrent Sessions (2)


The Role of the Hedge Fund in Corporate Restructurings: White Knight or Villain?

Hedge funds are an integral part of the current-day corporate restructuring world in larger cases. Some argue that their involvement provides added sources of liquidity and is beneficial to the process. Others contend that hedge funds' efforts to game the process and their singular focus on profits, often at the expense of reorganization, has transformed the restructuring process in a negative way. This panel of hedge fund players and restructuring advisors will debate these and other issues.

Gregg M. Galardi, Moderator

DLA Piper; Wilmington, Del.

Peter Alderman

Golden Tree Asset Management LP; New York

Kenneth A. Rosen

Lowenstein Sandler PC; Roseland, N.J.

Patrick J. Nash, Jr.

Kirkland & Ellis LLP; Chicago

Social Networking and Bankruptcy Issues

In today's society, many people use social networking (Facebook, LinkedIn, Twitter) as a communication tool on a constant basis. Some of these social networking tools can test ethical boundaries for all legal professionals. Social networking presents unique and sometimes complex ethical issues for bankruptcy professionals. For example, what happens if you're a chapter 7 trustee and you receive a friend request from one of your debtors or a judge? Can a chapter 7 trustee use Facebook as an investigation tool? Can or should a bankruptcy professional tweet about a chapter 11 case he or she is involved with? Earn ethics credits while you learn and discuss social networking issues in bankruptcy.

Hon. Steven W. Rhodes, Moderator

U.S. Bankruptcy Court (E.D. Mich.); Detroit

Stuart A. Gold

Gold Lange & Majoros, PC; Southfield, Mich.

David W. Houston, IV

Burr & Forman, LLP; Nashville, Tenn.

Richard D. Nelson

Cohen, Todd, Kite & Stanford, LLC; Cincinnati, Ohio

Claire Ann Resop

von Briesen & Roper, SC; Milwaukee, Wis.

9:30-10:45 a.m.

Committee Educational Sessions (2)

Bankruptcy Taxation/Real Estate/Secured Credit

Revisiting RadLAX and Hall: Legal and Practical Impact of the Decisions

Susan M. Freeman

Lewis and Roca LLP; Phoenix

Adam A. Lewis

Morrison & Foerster LLP; San Francisco

Prof. Charles J. Tabb

University of Illinois College of Law; Champaign, Ill.

Eric E. Walker

Perkins Coie LLP; Chicago

International/Technology & Intellectual Property

Handling IP Issues in a Multinational Insolvency Proceeding

Hon. Leif M. Clark

U.S. Bankruptcy Court (W.D. Tex.); San Antonio

Daniel M. Glosband

Goodwin Procter LLP; Boston

George M. Kelakos

Kelakos Advisors LLC; Greenwich, Conn.

Ken Kraft

Heenan Blaikie LLP; Toronto

Lisa M. Schweitzer

Cleary, Gottlieb, Steen and Hamilton LLP; New York

10:45-11:00 a.m.

Refreshment Break

Sponsored by Winston & Strawn LLP

11:00 a.m.-12:30 p.m.

Plenary Session

Hot Topics, Emerging Trends and Supreme Court Decisions

A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.

Patricia A. Redmond, Moderator

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

Hon. Dennis R. Dow

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Hon. Robert E. Gerber

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Jeffery P. Hopkins

U.S. Bankruptcy Court (S.D. Ohio); Cincinnati

Hon. C. Ray Mullins

U.S. Bankruptcy Court (N.D. Ga.); Atlanta

12:30 p.m.

Adjourn

 


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