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
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
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
Mark your calendar
