Schedule at a Glance

2017 Winter Leadership Conference THURSDAY SCHEDULE
2017 Winter Leadership Conference Friday Schedule
  • ABI Winter Fun Run

    Sponsored by by AlixPartners

    • 6:00 a.m.
  • Breakfast

    Sponsored by by Cravath, Swaine & Moore LLP

    • 7:30-8:00 a.m.
  • Plenary Session

    ABI Talks

    This year, the WLC 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 topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured program!

    Douglas E. Deutsch, Moderator
    Clifford Chance US LLP; New York

    David Dunn
    Cross Sound Management LLC; Wilton, CT

    Robert C. Furr
    Furr & Cohen, PA; Boca Raton, FL

    Robert J. Keach
    Bernstein Shur; Portland, ME

    Natasha Labovitz
    Debevoise & Plimpton LLP; New York

    Kelly Beaudin Stapleton
    Alvarez & Marsal; New York

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

      Confirming a Chapter 11 Case: How to Get to the Finish Line

      How can your client satisfy § 1129 of the Bankruptcy Code when most creditors seem only inclined to “just say no”? Join this panel of leading experts as they explore the best strategies to obtain confirmation of a plan, and hear the arguments that are favored by objecting creditors but create the most heartburn for debtors.

      James L. Bromley, Moderator
      Cleary Gottlieb Steen Hamilton LLP; New York

      Laura Day DelCotto
      DelCotto Law Group; Lexington, Ky.

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

      Thomas R. Kreller
      Milbank, Tweed, Hadley & McCloy LLP; Dallas

      E. Lee Morris
      Munsch Hardt Kopf & Harr, P.C.; Dallas

      How to Win the Failing Case

      How do you make a record with a judge who is not letting you? How do you ask to withdraw the reference, or file an interlocutory appeal, without burning your bridges with the bankruptcy judge? Hear our experts provide their views on how to survive these and other worst-case scenarios.

      David M. Zensky, Moderator
      Akin Gump Strauss Hauer & Feld LLP; New York

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

      Michael Richman
      Hunton & Williams LLP; New York

      Andrew I. Silfen
      Arent Fox LLP; New York

      John C. (Kit) Weitnauer
      Alston & Bird LLP; Atlanta

      Recent Decisions on Retention and Surrender of Secured Property in Consumer Cases

      Rudy J. Cerone, Moderator
      McGlinchey Stafford PLLC; New Orleans

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

      Jenny L. Doling
      Doling Shaw & Hanover, APC; Palm Desert, Calif.

      Tara Twomey
      National Consumer Bankruptcy Rights Center; San Jose, Calif.

      • 09:30-10:30 a.m.
      • Refreshment Break

        Sponsored by Development Specialists, Inc. and Proskauer

        • 10:30-11:00 a.m.

        Key Governance Issues for Debtors, Equity Owners and Professionals

        This panel will provide updates on the most important governance and other similar issues faced by debtors, including how to advise equity owners.

        Roger G. Schwartz, Moderator
        Latham & Watkins LLP; New York

        Hon. Kevin J. Carey
        U.S. Bankruptcy Court (D. Del.); Wilmington

        Julia Frost-Davies
        Morgan, Lewis & Bockius LLP; Boston

        Jennifer C. Hagle
        Sidley Austin LLP; Los Angeles

        Rule 3015 Discovered

        Be the first to understand what new Bankruptcy Rule 3015 means to you, if anything (Rule 3015 can be elected or not in a given district), and to fellow attorneys in nearby districts. Our panel of experts will discuss how certain districts are implementing this new rule.

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

        Alane A. Becket
        Becket & Lee LLP; Malvern, Pa.

        David G. Peake
        Chapter 13 Trustee; Houston

        Wendell J. Sherk
        SherkLaw; St. Louis, Mo.

        Committee: International Insolvency Regimes at a Crossroads: Choosing a Direction for Insolvency Law Reform

        Hosted by the International and Legislation Committees

        In recent years, multiple jurisdictions have reformed or modernized their insolvency laws, either through incremental amendments or by entirely replacing the legislation. In this session, attendees will hear from practitioners from various jurisdictions about what motivated the decisions to amend their insolvency laws — and how the process unfolded in practice.

        E. Patrick Shea, Moderator
        CS Gowling WLG (Canada) LLP; Toronto

        Sumant Batra
        Kesar Dass B & Associates; New Delhi, India

        Rebecca Hume
        Kobre & Kim LLP; Grand Cayman, Cayman Islands

        Victor A. Vilaplana
        Foley & Lardner LLP; San Diego

        Committee: Privacy and Social Media: How It Can Impact Law Firm Security, Ethics and Compensation

        Hosted by the Ethics and Professional Compensation and Commercial and Regulatory Law Committees

        Social media and privacy are areas of opportunity — and concern. Today’s law practice requires that care be taken in both areas. This panel will explore the impact of privacy and social media issues on security, ethics and compensation.

        Janine A. Bowen
        LeClairRyan, PC; Atlanta

        Alan L. Friel
        BakerHostetler LLP; Los Angeles

        Hon. Bruce A. Harwood
        U.S. Bankruptcy Court, District of New Hampshire; Manchester

        Prof. Lois Lupica
        University of Maine School of Law; Portland, ME

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

            Join us in honoring ABI’s inaugural “40 Under 40” honorees.

            • 12:00-1:50 p.m.
          • Concurrent Sessions(4)

            Dead Malls Walking

            Amazon PRIME is great for consumers, but is it killing merchants that have physical stores, along with the mall owners that house those stores? Join our panelists as they review the key issues in recent merchant and mall owner bankruptcies and restructurings, and find out what the future holds for these troubled industries.

            James E. Van Horn, Moderator
            McGuireWoods LLP; Washington, D.C.

            Robert J. Feinstein
            Pachulski Stang Ziehl & Jones; Wilmington, Del.

            J. Eric Ivester
            Skadden, Arps, Slate, Meagher & Flom LLP; New York

            Cory Lipoff
            Hilco Merchant Resources; Northbrook, Ill.

            Matthew Neimann
            Houlihan Lokey; Los Angeles

            Consumer Commission Session: Part I

            ABI’s Consumer Commission is charged with researching and recommending improvements to the consumer bankruptcy system that can be implemented within its existing structure. Join us for the first of two commission hearings at the WLC to solicit what such changes might include, from amendments to the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, to administrative rules or actions, to recommendations on proper interpretations of existing law, and other best practices that judges, trustees and lawyers can implement. The hearings will be on matters common to both chapters 7 and 13.

            Committee: Mediation at Center Stage: When to Mediate, Mediator Selection and Recent Developments Affecting Chapter 11 Mediation

            Hosted by the Business Reorganization and Mediation Committees

            Daniel B. Besikof, Moderator
            Loeb & Loeb LLP; New York

            Hon. Louis H. Kornreich (ret.)
            Bernstein Shur; Bangor, ME

            Judith W. Ross
            Judith W. Ross, PC; Dallas

            Donald L. Swanson
            Koley Jessen P.C., L.L.O.; Omaha, Neb.

            Committee: The Role of Financial Advisors and Investment Bankers in Bankruptcy Sales

            Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees

            FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

            Soneet R. Kapila, Moderator
            KapilaMukamal, LLP; Fort Lauderdale, Fla.

            Harold J. Bordwin
            Keen-Summit Capital Partners LLC; New York

            James S. Cassel
            Cassel Salpeter & Co.; Miami

            Marianne S. Mortimer
            Stradling Yocca Carlson & Rauth, P.C.; Santa Monica, Calif.

            Bradley D. Sharp
            Development Specialists, Inc.; Los Angeles

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

            Municipal Bankruptcies 2017: What Does the Future Hold?

            While Puerto Rico did not officially file for chapter 9 (it filed pursuant to the PROMESA statutes), it was the biggest municipal bankruptcy filing in the U.S. of all time. Are more municipalities likely to follow suit? Join our experts to discuss and review the key issues now facing municipal bankruptcy filers.

            Cynthia A. Nelson, Moderator
            FTI Consulting, Inc.; Los Angeles

            Martin J. Bienenstock
            Proskauer; New York

            Michael E. Imber
            Alvarez & Marsal; New York

            Melissa M. Root
            Jenner & Block; Chicago

            Consumer Commission Session: Part II

            Committee: How Health Care Technology Changes Will Impact Your Practice

            Hosted by the Health Care, Real Estate, and Technology and Intellectual Property Committees

            This panel will explore the rapidly changing world of information technology and medical device technology, and how it is transforming the health care system in America. Just as importantly, the panelists will discuss the financial implications and issues impacting health care providers due to the costs associated with these technological changes, and how they are dealt with in the circumstance of a financially distressed health care business.

            J. Patrick Darby, Moderator
            HealthSouth Corp.; Birmingham, Ala.

            Michael R. Lane
            Hammond Hanlon Camp LLC; Chicago

            Johnny J. Lee
            Grant Thornton LLP; New York

            Samuel R. Maizel
            Dentons US LLP; Los Angeles

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

            Sponsored by Bentham IMF , Loeb & Loeb LLP and McGuireWoods LLP

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

              Judges’ Round-and-Round

              In this round-and-round format, visit with leading judges (each at their own roundtables) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.

              Douglas L. Lutz, Moderator
              Frost Brown Todd LLC; Cincinnati, OH

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

              Hon. Kevin J. Carey
              U.S. Bankruptcy Court (D. Del.); Wilmington

              Hon. Scott C. Clarkson
              U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

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

              Hon. Mary Grace Diehl
              U.S. Bankruptcy Court (N.D. Ga.); Atlanta

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

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

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

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

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

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

              Hon. Deborah J. Saltzman
              U.S. Bankruptcy Court (C.D. Cal.); Los Angeles

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

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

              Consumer Commission Retired Judges

              Hon. William H. Brown (ret.)
              Carbondale, Colo.

              Hon. Randall L. Dunn (ret.)
              Portland, Ore.

              Hon. David W. Houston, III (ret.)
              Mitchell, McNutt & Sams; Aberdeen, Miss.

              Hon. Elizabeth L. Perris (ret.)
              Portland, Ore.

              • 4:30-5:30 p.m.
              • 5:30-6:30 p.m.
              • 7:00-10:00 p.m.
            • Endowment Dessert Reception (INVITE ONLY)

              Sponsored by Berkeley Research Group,Cole Schotz, PC,Doling Shaw & Hanover, Rust Omni and Shook, Hardy & Bacon LLP

              • 10:00-11:00 p.m.
2017 Winter Leadership Conference Saturday Schedule
  • Breakfast

    Sponsored by Latham & Watkins LLP

    • 7:30-8:00 a.m.
  • Breakfast Session: 45 Apps in 45 Minutes

    Back by popular demand, ABI’s Karim Guirguis presents the top 45 apps that are a must-have on your phone or tablet!

    Karim Guirguis
    American Bankruptcy Institute; Alexandria, Va.

    • 7:45-8:30 a.m.

    Committee: Thorny Issues in an Individual Chapter 11 Case

    Hosted by the Consumer Bankruptcy and Young and New Members Committees

    A panel of experienced judges and lawyers will discuss some of the challenging issues in individual chapter 11 cases, including: the absolute priority rule, conflicts of interest, case administration, appointment of trustees, differences between Ch. 11 and Ch. 13, and plan feasibility.

    Hon. Scott C. Clarkson, Moderator
    U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

    Steven D. Finestone
    Finestone Hayes LLP; San Francisco

    Charlie M. Forman
    FormanLaw LLC; Paramus, N.J.

    Gary M. Kaplan
    Farella Braun + Martel LLP; San Francisco

    Hon. Deborah J. Saltzman
    U.S. Bankruptcy Court (C.D. Cal.); Los Angeles

    Committee: Plan Issues Facing Secured and Unsecured Creditors

    Hosted by the Secured Credit and Unsecured Trade Creditors Committees

    Unsecured trade creditors and secured creditors confront similar plan analysis issues, including gerrymandering, vote incentivization schemes, drop dead provisions, and golden shares. The panel will discuss some of those “creative” plan provisions and interesting confirmation issues that impact both secured and unsecured creditors.

    Wendy D. Brewer
    JensenBrewer, LLC; Fishers, IN

    Bernadette M. Barron
    Barron Business Consulting; Chicago

    Mark A. Bogdanowicz
    Howard & Howard; Peoria, Ill.

    Chad J. Schandler
    CohnReznick LLP; New York

    Committee: Extraterritorial Limits of Clawback Actions

    Hosted by the Bankruptcy Litigation and Commercial Fraud Committees

    This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.

    Stacy A. Dasaro, Moderator
    BakerHostetler; New York

    Gregory S. Grossman
    Sequor Law; Miami

    Rick S. Rein
    Horwood Marcus & Berk Chtd.; Chicago

    Daniel J. Stermer
    Development Specialists, Inc.; Fort Lauderdale, Fla.

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

    Sponsored by Ernst & Young

    • 9:30-10:00 a.m.
    • Concurrent Sessions (3)

      How Experts Lie with Statistics

      What do you do when your opposing counsel’s financial expert is known as the Villain of Wall Street? Come learn how to uncover and expose statistical lies, false logic, trickery and graphical “sleight of hand” during this humorous presentation.

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

      Nicole Horton
      EY; Los Angeles

      Scott Van Meter
      Berkeley Research Group; Houston

      Two if by Sea: Maritime Industry Insolvencies

      This panel will explore recent bankruptcy filings and out-of-court restructurings, as well as what is on the horizon in the maritime industry, particularly regarding shipping conglomerates, terminal owners, service providers and E&P explorers.

      Esben Christensen, Moderator
      AlixPartners LLP; New York

      John R. Ashmead
      Seward & Kissel LLP; New York

      Bob Frezza
      Deloitte CRG; New York

      Lance Gurley
      Blackhill Partners; Dallas

      Ilana Volkov
      Cole Schotz P.C.; Hackensack, N.J.

      Recent Developments in Consumer Practice

      Join this superstar panel in exploring the very latest developments in consumer bankruptcy law.

      Hon. William H. Brown (ret.), Moderator
      Carbondale, Colo.

      Henry E. Hildebrand, III
      Chapter 13 Trustee; Nashville, Tenn.

      Ariane Holtschlag
      FactorLaw; Chicago

      Prof. Robert M. Lawless
      University of Illinois College of Law; Champaign, Ill.

      • 10:00-11:00 a.m.
    • Plenary Session

      Bankruptcy Ethics: Addressing Tough Clients

      What issues are likely to be raised by tough clients, and how do you best address them? Join the panelists as they help you weave your way through this and other ethical minefields.

      Reginald W. Jackson, Moderator
      Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio

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

      Hon. Mary Grace Diehl
      U.S. Bankruptcy Court (N.D. Ga.); Atlanta

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

      • 11:00 a.m.-12 noon
    • Adjourn

      • 12 noon