Schedule at a Glance


2018 Winter Leadership Conference THURSDAY SCHEDULE
2018 Winter Leadership Conference FRIDAY SCHEDULE
  • Optional Event: Winter Fun Run

    Sponsored by AlixPartners LLP

    • 6:00 a.m.
  • Hot Breakfast

    • 7:15-7:45 a.m.
  • Welcome remarks

    • 7:45-8:00 a.m.
  • Plenary Session


    ABI Talks

    This year the conference opens with ABI Talks, one of our highest-rated programs ever! Based on the incredibly popular “TED Talks” format, ABI Talks address diverse and interesting bankruptcy topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured session!

    • 8:00-9:20 a.m.
  • Concurrent Sessions (3)


    An LLC’s Path Through Chapter 11

    Limited liability companies did not exist when the Bankruptcy Code was enacted. Case law related to LLCs and bankruptcy is conflicting and sometimes confusing. This panel will discuss the unique issues related to LLCs and bankruptcy law.

    Douglas A. Bates, Moderator
    Clark, Partington, Hart, Larry, Bond & Stackhouse; Pensacola, Fla.

    James E. Bird
    Polsinelli; Kansas City, Mo.

    Erin R. Fay
    Bayard, P.A.; Wilmington, Del.

    George E. Zobitz
    Cravath, Swaine & Moore LLP; New York

     

    The New and Improved Unsecured Creditors’ Committee

    This panel of experienced committee professionals will discuss and analyze what it takes to maximize results for unsecured creditors in today’s chapter 11 cases.

    Douglas Mannal, Moderator
    Kramer Levin Naftalis & Frankel LLP; New York

    Richard S. Lauter
    Lewis Brisbois Bisgaard & Smith LLP; Chicago

    Jeffrey N. Pomerantz
    Pachulski Stang Ziehl & Jones LLP; Los Angeles

    Samuel E. Star
    FTI Consulting, Inc.; New York

    Blanche Zelmanovich
    Ernst & Young LLP; New York

     

    Consumer: Consumer Ethics: Navigating the TightRope

    This panel will discuss recent ethics opinions and modern issues facing consumer practitioners.

    Susan M. Freeman, Moderator
    Lewis Roca Rothgerber Christie LLP; Phoenix

    Hon. Mary Grace Diehl (ret.)
    Atlanta

    Hon. Bruce A. Harwood
    U.S. Bankruptcy Court (D. N.H.); Concord

    Ariane Holtschlag
    The Law Office of William J. Factor, Ltd.; Chicago

    • 9:30-10:30 a.m.
  • Networking Break

    Sponsored by Development Specialists, Inc. and Proskauer


    • 10:30-11:00 a.m.
  • CONCURRENT SESSIONS (4)


    Litigating New Financial Industry Issues in Bankruptcy: Cryptocurrency, Blockchain, and Other Breaking News

    Breaking stories on blockchain or cryptocurrency seem to hit the news daily. Litigating issues involving this new area presents challenges, as there is no central issuing or regulatory authority. There are no official clearinghouses or oversight by financial institutions, and users act autonomously in transactions. This panel will discuss the various measures of protection for cryptocurrency players in the financial industry and how to litigate the complex issues.

    Dave Berson
    Berson Law Group LLP; Overland Park, Kan.

    Andrew C. Helman
    Murray Plumb & Murray; Portland, Maine

    Laura E. Jehl
    BakerHostetler; Washington, D.C.

    Hon. Stacey G. C. Jernigan
    U.S. Bankruptcy Court (N.D. Tex.); Dallas

     

    Historical Perspectives of Bankruptcy and Its Relevance to the 21st Century

     

    Attorneys and Advisors for All of Us: Representation of Directors and Managers in the Sale of Debtor Assets

    This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.

    Robert M. Fishman
    Fox Rothschild LLP; Chicago

    Hon. Barbara J. Houser
    U.S. Bankruptcy Court (N.D. Tex.); Dallas

    Harvey L. Tepner
    Independent Corporate Director; New York

    Aparna V. Yenamandra
    Kirkland & Ellis LLP; New York

     

    Access to Justice Revisited: Getting Chapter 7 Debtor Counsel Paid

    A fresh start is now becoming less attainable for many debtors because the traditional "all-up-front" attorney fee approach discourages filing for chapter 7. Some attorneys are solving this problem by splitting pre-petition and post-petition services into separate agreements to allow post-petition payments for post-petition work. The panel will discuss the practical need for this type of fee arrangement, the nuts and bolts of this payment arrangement, the pros and cons of such a system, where it is and where it is not allowed under existing law, a discussion of the current case law concerning such a system, and various policy considerations under review by ABI's Consumer Bankruptcy Commission.

    John R. Bollinger
    Boleman Law Firm, P.C.; Hampton, Va.

    Prof. Laura Napoli Coordes
    Sandra Day O’Connor College of Law, Arizona State University; Phoenix

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

    Richard D. Nelson
    Cohen, Todd, Kite & Stanford, LLC; Cincinnati

    • 11:00 a.m.-12:00 noon
  • “40 Under 40” Luncheon

    Join us during this special luncheon to honor the 2018 class of ABI’s “40 Under 40,” featuring keynote speaker Molly Bloom.

    Keynote sponsored by Cravath, Swaine & Moore LLP

    • 12:00-1:50 p.m.
  • Concurrent Sessions (3)


    Internal & External Referrals: How to Get and Use Them

    This panel of experienced lawyers, claims agents, accountants and turnaround managers will provide tips on how to obtain and mine internal and external referral sources to generate business.

    Paul H. Deutch, Moderator
    Omni Management Group, Inc.; New York

    Linda V. Aron
    EisnerAmper LLP; New York

    Geoffrey L. Berman
    Development Specialists, Inc.; Los Angeles

    Thomas R. Califano
    DLA Piper; New York

    Pauline K. Morgan
    Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.

     

    Maximizing Auction Results in a § 363 Sale

    This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.

    Adam G. Landis, Moderator
    Landis Rath & Cobb LLP; Wilmington, Del.

    Alpesh A. Amin
    Conway MacKenzie; Chicago

    Jordan A. Kroop
    Perkins Coie LLP; Phoenix

    John Longmire
    Willkie Farr & Gallagher LLP; New York

    Leon Szlezinger
    Jefferies LLC; New York

     

    Small Business Cases and Individual Chapter 11 Cases

    It is difficult to confirm reorganization plans in small business cases and individual chapter 11 cases. This panel will discuss best practices in getting these types of cases across the finish line.

    Randy Nussbaum
    Sacks Tierney PA; Scottsdale, Ariz.

    Hon. Martin R. Barash
    U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

    Alan D. Halperin
    Halperin Battaglia Benzija, LLP; New York

    Summer Shaw
    Doling Shaw & Hanover, APC; Palm Desert, Calif.

    • 2:00-2:50 p.m.
  • Concurrent Sessions (3)


    Takata: The Global Car Crash

    This panel will feature a discussion among key players in the Takata Automotive case addressing its complexities, including significant cross-border issues and the world’s largest automobile recall, which involved tens of millions of vehicles worldwide.

    Ronit Berkovich, Moderator
    Weil, Gotshal & Manges LLP; New York

    Jessica C.K. Boelter
    Sidley Austin LLP; New York

    Mark E. Freedlander
    McGuireWoods LLP; Pittsburgh

    Alicia Masse
    Alderney Advisors; Southfield, Mich.

    Robert V. Sartin
    Frost Brown Todd LLC; Nashville, Tenn.

     

    Safe-Harbor Issues After Lehman

    This panel will discuss how case law since Lehman has both narrowed and expanded the various safe harbor provisions contained in the Bankruptcy Code.

    Lisa G. Beckerman, Moderator
    Akin Gump Strauss Hauer & Feld LLP; New York

    Joel D. Applebaum
    Clark Hill, PLC; Birmingham, Mich.

    Hon. Robert D. Drain
    U.S. Bankruptcy Court (S.D.N.Y.); White Plains

    Oscar N. Pinkas
    Dentons US LLP; New York

    Christy L. Rivera
    Norton Rose Fulbright US LLP; New York

     

    You be the Judge: A §523(a)(6) consumer mock trial

    This session offers a valuable-yet-fun look at §523 through a mock adversary trial. Conducted by some of the most experienced bankruptcy litigators in the country, this event will most definitely help sharpen your trial skills.

    Jon Jay Lieberman, Moderator
    Sottile & Barile LLC; Loveland, Ohio

    Hon. Dennis R. Dow
    U.S. Bankruptcy Court (W.D. Mo.); Kansas City

    Lisa Sommers Gretchko
    Howard & Howard Attorneys PLLC; Royal Oak, Mich.

    David P. Leibowitz
    Lakelaw; Chicago

    • 3:00-4:00 p.m.
  • Margarita Reception

    Sponsored by Loeb & Loeb LLP and McGuireWoods LLP

    • 4:00-4:30 p.m.
  • Plenary Session


    Judges’ Round-and-Round

    In this roundtable format, attendees can visit with leading judges (each presiding at their own table) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.

    • 4:30-5:30 p.m.
  • Women’s Reception

    • 5:30-6:30 p.m.
    • 7:30-10:00 p.m.
  • Endowment Dessert Reception

    Sponsored by Omni Management Group, Inc. and Shook, Hardy & Bacon L.L.P.

    • 9:45-10:45 p.m.
2018 Winter Leadership Conference SATURDAY SCHEDULE
  • Hot Breakfast


    • 8:00-8:30 a.m.
  • CONCURRENT SESSIONS (3)

    Business Valuations 101

    According to a recent study, 5 out of 4 lawyers struggle with claims calculations! In a mock court presentation, our experts examine diverging opinions over petition period interest rates, use of cash collateral, collateral assignments, and changing collateral values during the petition period.

    Franklind D. Lea, Moderator
    Tactical Financial Consulting; Alpharetta, Ga.

    Michael L. Bernstein
    Arnold & Porter Kaye Scholer LLP; Washington, D.C.

    Hon. Hannah L. Blumenstiel
    U.S. Bankruptcy Court (N.D. Cal.); San Francisco

    Edward T. Gavin
    Gavin/Solmonese LLC; Wilmington, Del.

    Kathryn B. McGlynn
    Zolfo Cooper; New York

     

    “Realty Bites”: Avoiding Ethical Issues in Real Estate Cases

    Panelists will discuss the care needed in counseling closely held real estate entities and their principals, including the ethical challenges that arise from conflicting interests between the estate and a principal/guarantor both at the inception of a case and also during the case.

    Steven N. Berger
    Engelman Berger, PC; Phoenix

    Richard P. Carmody
    Adams and Reese LLP; Birmingham, Ala.

    Hon. Laurel M. Isicoff
    U.S. Bankruptcy Court (S.D. Fla.); Miami

    Andrea Wimmer
    Schian Walker P.L.C.; Phoenix

     

    Keeping the Patient Alive: Avoiding Administrative Insolvency in Health Care Cases

    The panel will discuss the risk of administratively insolvent health care cases, the issues that create such risk, the impact on the various constituencies, and potential ways to mitigate those risks, including the use of cash collateral and availability of post-petition financing. The panel will also address one specific issue that creates the risk of administratively insolvent health care cases: the exercise of the so-called Strumpf administrative freeze by CMS on Medicare reimbursements, which can cut off the lifeline of many health care businesses.

    Richard T. Arrowsmith
    Alvarez & Marsal; Washington, D.C.

    Hon. Daniel P. Collins
    U.S. Bankruptcy Court (D. Ariz.); Phoenix

    John J. Cruciani
    Husch Blackwell LLP; Kansas City, Mo.

    Nancy A. Peterman
    Greenberg Traurig, LLP; Chicago

    • 8:30-9:30 a.m.
  • Refreshment Break


    • 9:30-9:45 a.m.
  • Concurrent Sessions (2)


    Business Update: Hot Topics in Business Law

    Hear from our accomplished panelists as they highlight recent business cases of significance to bankruptcy practitioners.

    Norman L. Pernick, Moderator
    Cole Schotz P.C.; Wilmington, Del.

    Omar J. Alaniz
    Baker Botts LLP; Dallas

    Jane A. VanLare
    Cleary, Gottlieb, Steen & Hamilton LLP; New York

    Mark P. Williams
    Norman, Wood, Kendrick & Turner; Birmingham, Ala.

     

    Consumer Update: Hot Topics in Consumer Law

    The practice of consumer bankruptcy law is an ever-changing landscape, with new issues arising every day! This panel will explore some of the most recent exciting and evolving decisions including discharge of student loans, the challenges when personal property is repossessed pre-petition, pawn loans and the automatic stay, and consumer class actions in bankruptcies.

    Hon. Eugene R. Wedoff (ret.), Moderator
    Oak Park, Ill.

    Elizabeth E. Stephens
    Sullivan Hill Lewin Rez & Engel; Las Vegas

    Hon. Deborah L. Thorne
    U.S. Bankruptcy Court (N.D. Ill.); Chicago

    Daniel A. White
    Askew & Mazel, LLC; Albuguerque, N.M.

    • 9:45-10:45 a.m.
  • Refreshment Break


    • 10:45 a.m.-11:00 a.m.
  • Concurrent Sessions (3)

    Ethics Update: Show Me the Money! How to Get Paid Ethically!

    A panel of experts examines the potential pitfalls and divergent case law regarding compensation and ethical issues in bankruptcy.

    Hon. Michael A. Fagone, Moderator
    U.S. Bankruptcy Court (D. Maine); Bangor

    Monique D. Hayes
    Goldstein & McClintock LLLP; Miami

    William J. Rochelle, III
    American Bankruptcy Institute; New York

    Hon. Madeleine C. Wanslee
    U.S. Bankruptcy Court (D. Ariz.); Phoenix

     

    Should We File It Here or There? Venue Options in Cross-Border Cases

    This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 "40 Under 40" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.

    Adam C. Ballinger
    Ballard Spahr LLP; Minneapolis

    Jeannie Kim
    Buchalter, PC; San Francisco

    Ryan A. Maupin
    Grant Thornton LLP; New York

    Zachary H. Smith
    Moore & Van Allen PLLC; Charlotte, N.C.

     

    Sharpening the Tools in Your Mediation Toolkit

    Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.

    Ian C. Bifferato
    The Bifferato Firm PA; Wilmington, Del.

    Kara E. Casteel
    ASK LLP; St. Paul, MN

    Hon. Leif M. Clark (ret.)
    CBInsolvency LLC; Swampscott, Texas

    Jeffrey P. Nolan
    Pachulski Stang Ziehl & Jones; Los Angeles

    Jeffrey W. Warren
    Bush Ross, PA; Tampa

    • 11:00 a.m.-12 noon
  • Adjourn


    • 12 noon