Events
ABI

Thursday, December 4

8:00 a.m.

Optional Events

Golf Tournament at Dunes Course

Sponsored by Summit Investment Management LLC

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

American Board of Certification Exams

11:00 a.m.

ABI Golf Tour at Greg Norman PGA West

Sponsored by Great American Group

12:00-6:00 p.m.

Registration Desk Open

1:00 p.m.

Optional Events

Tennis Tournament

Sponsored by Snell & Wilmer, LLP

Fault Line Jeep Tour

Tittle Advisory Group, Inc.

4:00-6:00 p.m.

Exhibit Hall Open

Sponsored by Sherwood Partners, LLC

4:30-5:30 p.m.

Optional Event

Tequila Tasting

Munsch Hardt Kopf & Harr, PC

5:00-6:00 p.m

Emerging Leaders & Judges’ Roundtable (invite only)

Sponsored by Polsinelli PC

6:00-8:00 p.m.

Opening Reception

Sponsored by FTI Consulting, Inc., Furr & Cohen, PA, Mesirow Financial Consulting, LLC and SSG Capital Advisors, LLC

Friday, December 5

7:30 a.m.

Continental Breakfast

Sponsored by AlixPartners LLP

8:00-9:30 a.m.

Plenary Session

Great Debates

Audience polling Sponsored by BMC Group

Jeffrey N. Pomerantz, Moderator

Pachulski Stang Ziehl & Jones LLP; Los Angeles

 

Resolved: The absolute priority rule should be eliminated in multi-debtor cases.

Pro: Hon. James M. Peck (ret.)

Morrison & Foerster LLP; New York

Con: Hon. Mary F. Walrath

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

 

Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate.

Pro: Carren B. Shulman

Sheppard, Mullin, Richter & Hampton LLP; New York

Con: Paul S. Singerman

Berger Singerman, LLP; Miami

 

Resolved: Creating mandatory claim mediation in mega-cases for all creditors should not be permitted as an unnecessary and inappropriate cost on smaller creditors.

Pro: Brian L. Shaw

Shaw Fishman Glantz & Towbin LLC; Chicago

Con: Jay M. Goffman

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

9:30-11:00 a.m.

Concurrent Sessions (4)

A Survey of Current Developments

This panel will discuss the Supreme Court’s decision in Bellingham, the coming decision in Wellness, as well as other topical issues of interest.

Mark T. Power, Moderator

Hahn & Hessen LLP; New York

Nathan Cook

AlixPartners LLP; Los Angeles

Lisa Epps Dade

Spencer Fane Britt & Browne LLP; Kansas City, Mo.

Evan D. Smiley

Weiland, Golden, Smiley, Wang Ekvall & Strok, LLP; Costa Mesa, Calif.

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno

How to Make It Rain: Tips from Seasoned Business Developers

A panel of proven rainmakers will share their tips on how restructuring professionals of any age can learn to bring in new business.

Daniel F. Dooley, Moderator

MorrisAnderson; Chicago

Jeffrey M. Reisner

Irell & Manella LLP; Newport Beach, Calif.

Sheila T. Smith

Deloitte CRG; Boston

Raymond J. Urbanik

Munsch Hardt Kopf & Harr, PC; Dallas

Independent Directors, Beware! Corporate Governance Issues in Restructurings, Chapter 11 Cases and Liquidations

Independent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.

Douglas E. Deutsch, Moderator

Chadbourne & Parke LLP; New York

Howard Brod Brownstein

Brownstein Corp.; Conshohocken, Pa.

Hon. Robert E. Gerber

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

Steven A. Seiden

Seiden Krieger Associates Inc.; New York

Bettina M. Whyte

Alvarez & Marsal; Jackson, Wyo.

Crossing the T’s and Dotting the I’s: Documenting the Settlement Agreement

This panel will explore ways to draft pre-petition settlement agreements so that they are “bankruptcy- and preference-proof.” Post-petition settlement agreements will be addressed, with a focus on a discussion of releases, further assurance clauses, indemnification issues, and the settlement of various types of contested matters and adversary proceedings such as claims objections and avoidance actions.

Damian S. Schaible, Moderator

Davis Polk & Wardwell LLP; New York

Joseph D. Frank

FrankGecker LLP; Chicago

Adam G. Landis

Landis Rath & Cobb LLP; Wilmington, Del.

Kimberly A. Posin

Latham & Watkins LLP; Los Angeles

11:00-11:15 a.m.

Refreshment Break

Sponsored by Loeb & Loeb LLP

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

Committee Educational Sessions (3)

Asset Sales/Secured Credit

The Future of Asset Sales: To Surcharge or Not to Surcharge

This panel will debate the controversial proposal being considered by the ABI Commission to Study the Reform of Chapter 11 to assess a charge or hold-back on secured lenders for a § 363 asset sale, including the pros and cons, mechanics, application in various circumstances, consequences and policy issues.

Mark X. Mullin, Moderator

Haynes and Boone, LLP: Dallas

Gregory A. Bray

Milbank, Tweed, Hadley & McCloy LLP; Los Angeles

Kathryn Coleman

Hughes Hubbard & Reed LLP; New York

James D. Decker

Guggenheim Securities, LLC; Atlanta

Prof. Melissa B. Jacoby

University of North Carolina; Chapel Hill, N.C.

Health Care/Young & New Members

Health Care 101: What You Need to Know About Restructuring in the Health Care Industry

Health care is a key area in which restructuring work is likely to grow significantly in the coming years. This panel will focus on the basics that professionals should know when it comes to handling bankruptcies and restructurings in the health care industry. The panel will also address tips and strategies as to how professionals can develop health care-related work.

Daniel Waxman, Moderator

Wyatt, Tarrant & Combs, LLP; Lexington, Ky.

Michael Lane

H2C; New York

Suzanne Koenig

SAK Management Services, LLC; Northfield, Ill.

Mary H. Rose

Buchalter Nemer, PC; Los Angeles

Chad J. Shandler

CohnReznick LLP; New York

Labor & Employment/Financial Advisors & Investment Banking/Legislation

Public Pensions in Bankruptcy: Where Are We Now? Where Are We Headed?

This panel will address public pension law, including their financial magnitude, and will focus on a number of timely current issues ranging from constitutional matters to state authorization, § 903 and 904 concerns, and relevant legislation. The panelists will draw upon their recent experiences, particularly from municipal bankruptcy cases, to highlight key themes and provide relevant insights.

Prof. Kenneth N. Klee, Moderator

University of California at Los Angeles School of Law; Los Angeles

Hon. Frank J. Bailey

U.S. Bankruptcy Court (D. Mass.); Boston

Michael J. Gearin

K&L Gates LLP; Seattle

Eric Mendelsohn

Greenhill & Co., Inc.; New York

Adrienne Walker

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

12:30-2:15 p.m.

Keynote Luncheon

Featuring Theresa Payton, President and CEO of Fortalice LLC "Privacy in the Age of Big Data"

Former White House CIO, Cybersecurity Authority, and Expert on Identity Theft and the Internet

Sponsored by Freeborn & Peters LLP

1:00 p.m.

Optional Event

Canyon Hike

Sponsored by EisnerAmper LLP

2:15-3:45 p.m.

Concurrent Sessions (4)

Conflict and Controversy over Injunctions, Releases and Related Protective Relief

The extent to which bankruptcy courts may properly shelter reorganized debtors, purchasers of assets, and other third parties from personal injury, product liability and other liabilities is a question that continues to generate a substantial amount of litigation and judicial decision-making. This panel will explore the very latest controversies and developments in the law regarding injunctions, third-party releases, exculpations, free-and-clear relief, and the intersection of bankruptcy law and successor liability – arising both in the asset sale and plan context.

John D. Penn, Moderator

Perkins Coie LLP; Dallas

Corinne Ball

Jones Day; New York

Robert N. Michaelson

Rich Michaelson Magaliff Moser LLP; New York

Hon. Robert E. Nugent

U.S. Bankruptcy Court (D. Kan.); Wichita

A Primer to the Unwary on How to Avoid the Traps Associated with Different Types of Intellectual Property in a Bankruptcy Case

This panel will present an in-depth discussion as to what rights and obligations a licensor and/or licensee has in a bankruptcy case. Section 365(c)(1), (g) and (n) will be highlighted, as well as the impact that the Sunbeam decision will have on the courts.

Douglas L. Lutz, Moderator

Frost Brown Todd LLC; Cincinnati

Hon. Dennis R. Dow

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

Evan M. Jones

O'Melveny & Myers LLP; Los Angeles

Lynn Lewis Tavenner

Tavenner & Beran, PLC; Richmond, Va.

Best Practices in Oral and Written Advocacy from the Perspective of Newer Judges

We are in the midst of a transformation of the bankruptcy bench; more than 100 judges have been sworn in over the last few years. This panel of some of the newer members of the judiciary will present their advice to practitioners appearing in their courtrooms.

James Patrick Shea, Moderator

Armstrong Teasdale LLP; Las Vegas

Hon. Bruce T. Beesley

U.S. Bankruptcy Court (D.Nev.), Reno

Hon. Hannah L. Blumenstiel

U.S. Bankruptcy Court (N.D. Cal.); San Francisco

Hon. Julia W. Brand

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

Hon. Daniel P. Collins

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

Hon. August B. Landis

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

Consumer All Stars: Hot Topics and Hotter Opinions

This is not your run-of-the-mill current developments session. The all-star members of this panel will explore recent consumer topics, case law and rules, and proposed rules and forms, and will offer their varying opinions and arguments in a lively debate-filled format that is sure to enlighten and entertain.

Hon. C. Ray Mullins, Moderator

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

Hon. William H. Brown (ret.)

Carbondale, Colo.

Prof. Margaret Howard

Washington & Lee Law School; Lexington, Va.

Hon. Eugene R. Wedoff

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

3:45-4:15 p.m.

Margarita Reception

Sponsored by Development Specialists, Inc., Grant Thornton LLP, McGladrey LLP and Proskauer

4:15-5:30 p.m.

Committee Educational Sessions (3)

Business Reorganization/Bankruptcy Litigation

Criminal Intent: White-Collar Criminal and Securities Law Issues in Bankruptcy Cases

This panel will discuss the current trends in white-collar criminal and securities law issues by examining such past cases as Drexel, Adelphia and GSC.

Lawrence G. McMichael, Moderator

Dilworth Paxson LLP; Philadelphia

Hon. Janet S. Baer

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

Sheila M. Gowan

Sadowski Fischer PLLC; New York

Bankruptcy Taxation/Consumer Bankruptcy

Resolving Tax Issues in Bankruptcy Court

The Bankruptcy Code provides enhanced and often unique opportunities to resolve tax issues faced by distressed businesses and individuals. Our program will provide a primer on how to address tax issues before and after filing for bankruptcy relief, followed by a discussion on significant tax problems faced by business and consumer debtors.

Rafael X. Zahralddin-Aravena, Moderator

Elliott Greenleaf; Wilmington, Del.

Susan A. Berson

Banking & Tax Law Group LLP; Shawnee Mission, Kan.

Gerald M. Gordon

Gordon Silver; Las Vegas

Hon. Robert N. Kwan

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

Ethics & Professional Compensation/Real Estate

Ethical Implications in SARE Cases

This panel will explore various ethical issues that often arise in a single asset real estate bankruptcy case from the perspectives of the debtor, secured creditor and bankruptcy judge — via an entertaining and interactive fictional case study.

Richard P. Carmody, Moderator

Adams and Reese LLP; Birmingham, Ala.

Steven N. Berger

Engelman Berger, PC; Phoenix

Hon. Hannah L. Blumenstiel

U.S. Bankruptcy Court (N.D. Cal.); San Francisco

C.R. “Chip” Bowles, Jr.

Bingham Greenebaum Doll LLP; Louisville, Ky.

Janet L. Chubb

Kaempfer Crowell; Reno, Nev.

6:00-7:00 p.m.

Women’s Reception

Sponsored by the International Women’s Insolvency and Restructuring Confederation

American Board of Certification Wine and Cheese Reception (invite only)

Sponsored by the American Board of Certification

7:00-10:00 p.m.

Final Night Dinner Gala Featuring Grammy-Winning Vocalist Fran Cosmo

Sponsored by Gavin/Solmonese LLC and MWI

 

Entertainment sponsored by:
BakerHostetler, Berger Singerman, LLP, Berkeley Research Group, LLC, Bernstein Shur, Bryan Cave LLP, Chadbourne & Parke LLP, CohnReznick LLP, Davis Polk & Wardwell LLP, Gray Reed & McGraw, P.C., Greenberg Traurig, LLP, Milbank, Tweed, Hadley & McCloy LLP, Morrit Hock & Hamroff LLP, Pachulski, Stang, Ziehl & Jones LLP, SAK Management Services, LLC, Shaw Fishman Glantz & Towbin LLC, Sheppard, Mullin, Richter & Hampton LLP, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA, Womble Carlyle Sandridge & Rice, LLP

10:00-11:00 p.m.

Endowment Reception

Sponsored by Rust Omni and Morris, Nichols, Arsht & Tunnell LLP

Saturday, December 6

7:30-8:00 a.m.

Breakfast

Sponsored by McGuireWoods LLP

8:00-9:30 a.m.

Concurrent Sessions (3)

Are Your Bankruptcy Rights Worth Less When You Buy at a Discount?

This panel will discuss how a number of recent bankruptcy decisions have curtailed the rights of the “new” investor, including hedge funds, to obtain the typical benefits that a buyer would otherwise be entitled to in a bankruptcy case. The focus will include a review of rulings in which a secured creditor’s rights to credit-bid in connection with a § 363 asset sale were limited and in which a hedge fund’s vote was not counted. Is this fair? Should your claim be worth less if you buy at a discount?

Marcia L. Goldstein, Moderator

Weil, Gotshal & Manges LLP; New York

David M. Dunn

Arrowgrass Capital Partners LLP; New York

Hon. Kevin R. Huennekens

U.S. Bankruptcy Court (E.D. Va.); Richmond

Mark P. Kronfeld

BlueMountain Capital Management LLC; New York

Ethics and Social Media

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.

Prof. Lois R. Lupica, Moderator

ABI Resident Scholar; Alexandria, Va.

University of Maine School of Law; Portland, Maine

Michael K. Jablonski

Law Office of Michael Jablonski; Atlanta

Jack Pringle

Adams and Reese LLP; Columbia,SC.

Stephen W. Sather

Barron & Newburger, P.C.; Austin, Texas

Hon. Elizabeth S. Stong

U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn

Individual Chapter 11 Confirmation Mock Hearing

This panel will conduct a mock confirmation hearing in an individual’s chapter 11 case. Issues unique to individuals who file for chapter 11, such as the applicability of the absolute priority rule and best efforts under § 1129(a)(15), will be explored during the course of the mock hearing.

Litigants:

Henry Carl Kevane

Pachulski Stang Ziehl & Jones LLP; San Francisco

Patricia A. Redmond

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

 

Bench:

Hon. Laurel M. Isicoff

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Maureen A. Tighe

U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

9:30-10:45 a.m.

Concurrent Session

Till 10 Years Later

The Till v. SCS Decision was handed down in May 2004, making 2014 the 10-year anniversary of one of the most important bankruptcy decisions of all time. This panel, which features the lawyers who argued the matter before the Supreme Court (Eric Brunstad), as well as others who have argued significant post-Till interest rate cases, will discuss the evolution of Till and where we are today.

Franklind Davis Lea, Moderator

Tactical Financial Consulting, LLC; Alpharetta, Ga.

G. Eric Brunstad, Jr.

Dechert LLP; Hartford, Conn.

Judith Elkin

Haynes and Boone LLP; New York

Hon. Barbara J. Houser

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

James Maddox

Kibel Green Inc.; Los Angeles

 

Committee Educational Sessions (3)

Commercial Fraud/Mediation

Alfred Peacock v. The Squab Family: Can Mediation Save the Golden Goose?

This mock mediation of commercial fraud litigation will utilize the talents of several of the leading mediation experts in the country. This program will demonstrate best practices in representing parties in mediation, as well as highlight key practice pointers for all involved in an effective mediation process.

Lawrence R. Ahern, III

Brown & Ahern; Brentwood, Tenn.

Hon. Eddward P. Ballinger, Jr.

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

Leslie Ann Berkoff

Moritt Hock & Hamroff LLP; New York

Francis A. Monaco, Jr.

Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.

Ronald R. Peterson

Jenner & Block LLP; Chicago

Kathy Bazoian Phelps

Diamond McCarthy LLP; Los Angeles

Technology & Intellectual Property/Unsecured Trade Creditors

Maximizing the Value of IP Rights for the Benefit of Unsecured Creditors

This panel will provide an overview of the different types of intellectual property and licenses that might exist in a debtor’s estate. The panel will focus specifically on the importance of IP as a hidden asset in bankruptcy cases and the substantial value that can be created for unsecured creditors by properly identifying and leveraging such assets.

Douglas M. Foley

McGuireWoods LLP; Washington, D.C.

Hon. Susan V. Kelley

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

Scott R. Miller

Sheppard, Mullin, Richter & Hampton LLP

Martin Pichinson

Sherwood Partners, LLC; Mountain View, Calif.

International

Committee Business Session with Leadership

10:45-11:00 a.m.

Refreshment Break

Sponsored by Donlin, Recano & Company, Inc.

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

Report from the ABI Commission to Study the Reform of Chapter 11

Commission members will report on the Commission’s progress and final recommendations to Congress.

Robert J. Keach, Moderator

Bernstein Shur; Portland, Maine

Prof. Michelle M. Harner

University of Maryland School of Law; Baltimore

Albert J. Togut

Togut, Segal & Segal LLP; New York

12:30 p.m.

Adjourn

 

     

Register Online Today!

     
If you would like more information on other upcoming conferences, please click here.

Copyright 2014 - The American Bankruptcy Institute