There is still time to register for ABI's 28th Annual Spring Meeting, to be held April 29th-May 2nd at the Gaylord National Resort and Convention Center. This year's meeting offers a roster of the best national speakers, with a special focus on the tough policy choices facing the administration and Congress. Optional events range from a golf tournament to an Orioles vs. Red Sox baseball game and plenty of networking events are planned to keep you socializing with ABI friends and colleagues.
The Business Reorganization committee will partner with the Ethics committee to present a session entitled "Directors of Insolvent or Near Insolvent Companies: Do the Duties Shift, or Is It Just the Recent Case Law that Has Been Shifting?" Panelists will discuss the relationship between state law corporate governance and bankruptcy law as well as the fiduciary duties of officers and directors of an insolvent or nearly insolvent company. Prof. David A. Skeel of the University of Pennsylvania Law School in Philadelphia will moderate. Panelists will include Martin J. Bienenstock of Dewey & LeBoeuf LLP in New York, Anthony Grillo of American Securities Advisors, LLC in New York and Louis E. Kempinsky of Peitzman, Weg & Kempinsky LLP in Los Angeles. Please click below to view the materials by Mr. Bienenstock and Mr. Kempinsky.
The Interface of State Law Corporate Governance and Bankruptcy Law
The War on Corporate Fiduciaries: Have the Fiduciaries Won?
Panelists in the session "Municipalities in Trouble: Chapter 9 Cases" will discuss differences in a municipality filing for chapter 9 versus chapter 11 as well as the local economic repercussions of filing. John W. Ames of Greenebaum Doll & McDonald in Louisville, Ky. will moderate. Panelists will include H. Slayton Dabney, Jr. of King & Spalding LLP in New York, J. Patrick Darby of Bradley Arant Boult Cummings LLP in Birmingham, Ala. and Marc A. Levinson of Orrick, Herrington & Sutcliffe LLP in Sacramento, Calif. Please click the links below to view the materials.
Chapter 9 v. Chapter 11
Navigating the Known and the Unknown: Understanding the Implications of Municipal Insolvency When Chapter 9 is Available and When It is Not...
Panelists in the session "The Retail Slump: Is There Any Hope for a Successful Retail Reorganization Anymore?" will examine a range of issues dealing with how commercial landlords can protect their interests when a tenant files for chapter 11. David S. Kuney of Sidley Austin in Washington, D.C. will moderate. Panelists will include J. Robert Duffy of FTI Consulting, Inc. in Boston, Hon. Kevin R. Huennekens of the U.S. Bankruptcy Court in Richmond, Va., Timothy R. Tobin of GE Capital in New York and William S. Weinstein of Advico Partners in Boston. Please click the link below to view the materials by Mr. Kuney.
Bankruptcy Issues Affecting Retail Landlords
The session "Labor Issues" will explore changing labor and employee issues that are present in almost every chapter 11 case, recent legislative proposals and the union perspective. Panelists will include David R. Jury of the United Steelworkers in Pittsburgh, Hon. Stephen S. Mitchell of the U.S. Bankruptcy Court in Alexandria, Va. and James H.M. Sprayregan of Kirkland & Ellis LLP in Chicago. John D. Penn of Haynes and Boone LLP in Fort Worth, Texas will moderate. Please click the link below to view the materials.
Labor Issues in Chapter 11 Cases
Panelists in the session "Foreclosures, Assignments for the Benefit of Creditors, Out-of-Court Workouts and Other Alternatives to Chapter 11" will consider the advantages and disadvantages of specific non-bankruptcy alternatives. Mark G. Stingley of Bryan Cave LLP in Kansas City, Mo. will moderate. Panelists will include Alex D. Moglia of Moglia Advisors in Schaumburg, Ill. and Douglas M. Neeb of Dickinson Financial Corp. in Kansas City, Mo. Please click the link below to view the materials.
Non-Bankruptcy Alternatives
ABI's 12th Annual New York City Bankruptcy Conference will be held at the New York Marriott Marquis on May 24 with the ever popular primer course, "Bankruptcy Fundamentals: Nuts & Bolts for Young and New Practitioners" held on the preceding Friday. The conference will once again host a faculty of bankruptcy judges and practitioners from the top national insolvency firms. This year also boasts an expanded workshop format which will foster a spirited exchange between panelists and attendees. Several of the sessions will be of particular interest to the committee.
Panelists in the session "Reinstatement of Debt" will discuss unimpairment, reinstatement and statutory framework and the recent chapter 11 reinstatement cases of Charter Communications and Spectrum Brands. Jay M. Goffman of Skadden, Arps, Slate, Meagher & Flom LLP in New York will moderate. Panelists will include D.J. Jan Baker of Latham & Watkins LLP in New York, Richard M. Cieri of Kirkland & Ellis LLP in New York, David S. Kurtz of Lazard in Chicago and Hon. James M. Peck of the U.S. Bankruptcy Court (S.D.N.Y.) in New York. Please click the link below to view the materials.
Recent Case Studies on Reinstatement: Charter Communications and Spectrum Brands
The "Distressed Investing Panel" session will discuss the effect of Rule 2019 on disclosure requirements, the Ion Media Networks case and key topics in fraudulent conveyance litigation. Glenn E. Siegel of Dechert LLP in New York will moderate. Panelists will include Alan J. Carr of Strategic Value Partners, LLC in Greenwich, Conn., Hon. Robert E. Gerber of the U.S. Bankruptcy Court (S.D.N.Y.) in New York, Frederick Morris of Bank of America Merrill Lynch in New York, Jeffrey N. Rich of K&L Gates LLP in New York and Brad Eric Scheler of Fried, Frank, Harris, Shriver & Jacobson LLP in New York. Please click the links below to view the materials by Mr. Siegel, Mr. Rich and Marshall S. Huebner of Davis Polk.
The Trend Towards Greater Disclosure of Bondholder Positions in Bankruptcy - the Advisory Committee on the Federal Rules of Bankruptcy Procedure Proposes a Substantial Rewrite of Federal Rule of Bankruptcy Procedure 2019
In re Ion Media Networks Inc.
Debtors' Authority to Settle
Panelists in the session "SIPA Liquidations and Ponzi Schemes" will give an overview of the goals of the Securities Investor Protection Act and its application in the Lehman Brothers liquidation. The group will also discuss Ponzi Schemes, fraudulent conveyance actions and the good faith defense. David I. Pauker of Goldin Associates, LLC in New York will moderate. Panelists will include James W. Giddens of Hughes Hubbard & Reed LLP in New York, Hon. Burton R. Lifland of the U.S. Bankruptcy Court (S.D.N.Y.) in New York, Steven J. Reisman of Curtis, Mallet-Prevost, Colt & Mosle LLP in New York and Mark Speiser of Strook & Stroock & Lavan LLP in New York. Please click the links below to view the materials by Mr. Giddens and Mr. Reisman.
SIPA Liquidation Overview
Section 548 Fraudulent Conveyances and the Good Faith Defense
The "Update on Confirmation Issues" session will debate the interpretation of section 1123(a)(4) and absolute equality and will discuss several cases that illustrate gifting, non-debtor releases and vote designation. Martin J. Bienenstock of Dewey & LeBoeuf LLP in New York will moderate. Panelists will include Lisa G. Beckerman of Akin Gump Strauss Hauer & Feld LLP in New York, Hon. Allan L. Gropper of the U.S. Bankruptcy Court (S.D.N.Y.) in New York, Scott L. Hazan of Otterbourg, Steindler, Houston & Rosen, P.C. in New York and Thomas Moers Mayer of Kramer Levin Naftalis & Frankel LLP in New York. Please click the links below to view the materials by Ms. Beckerman and Mr. Bienenstock.
Unequal Treatment, Deathtrap, Waiver of Subordination and Unfair Discrimination: Is Absolute Equality Required?
Gifting, Non-Debtor Releases, and Vote Designation
