NCBJ PLENARIES & CONCURRENTS
NCBJ Education Program
October 28 - 31, 2018 San Antonio, TX
Marriott Rivercenter and Henry B. Gonzalez Convention Center (CC) in the
Street Level Lila B. Cockrell Theatre & River Level Meetings Rooms 005, 006 and 007
|Monday, October 29|
|Opening Ceremonies||9:00 - 9:15 AM - CC Lila Cockrell Theatre|
|9:15 - 10:30 AM - CC Lila Cockrell Theatre|
|Broken Bench Awards Show: The Best Little Show in Texas
Broken Bench TV takes a new twist—the broadcast this year will feature both fun and serious awards in various categories of all things bankruptcy. Can you think of nominees for the best sanction opinion of the year? Best Supreme Court bankruptcy case? Featuring live and video coverage of bankruptcy trends and happenings that you need to know along with opportunities for audience participation. Y’all come, ya hear?
|Award Show Hosts:
Hon. Pamela Pepper - U.S. District Court, Eastern District of Wisconsin, Milwaukee, WI
Prof. Troy McKenzie - New York University School of Law, New York, NY
Prof. Nancy Rapoport - William S. Boyd School of Law, University of Nevada, Las Vegas, NV
|Reconnect With Colleagues||10:30 - 11:00 AM - Theatre Foyer & Concourse|
|11:00 AM - 12:30 PM - CC Lila Cockrell Theatre|
|Remember the Alamo: Shareholders vs. Hedge Funds
The mock valuation trial will be a battle to remember pitting the public shareholders against the Debtor, its hedge fund DIP lenders and plan sponsors, and even the Creditors’ Committee in order to preserve their equity value. The trial will be based on the case of Horsehead Holding Corp., Case No. 16-10287 (Bankr. D. Del.), and the hotly contested valuation dispute over plan confirmation. Everything you wanted to know about valuation methodologies, risk premiums, beta, debt/equity ratios, direct and cross examination strategies, expert testimony practice tips, and even commodity forecasting—it’s all here.
Hon. Laurie S. Silverstein - U.S. Bankruptcy Court, District of Delaware, Wilmington, DE
Neil Gupta - SSG Capital Advisors, Philadelphia, PA
Ann Miller - Cowen’s Special Situations Group, New York, NY
Ian T. Peck - HaynesBoone, Dallas, TX
Camisha L. Simmons - Simmons Legal PLLC, Dallas, TX
Robert J. Stearn, Jr. - Richards Layton & Finger, P.A., Wilmington, DE
|11:00 AM - 12:30 PM - CC Room 006ABC|
|Not Just Another Rodeo: Staying At the Top of Your Game
Get energized and informed discussing consumer practice issues with Judges Berger, Simpson, and Ritchey Craig. The judges will introduce and lead small breakout discussions on student loans, judicial estoppel, and social media ethics issues. In the smaller setting, you will have a chance to share your ideas and work through issues together. Bring old friends and make new ones! As they say in Texas, “if you don’t like the topic (er . . . weather), wait a minute!” This session promises to have something for everyone interested in consumer issues.
Hon. Robert D. Berger - U.S. Bankruptcy Court, District of Kansas, Kansas City, KS
Hon. Lisa Ritchey Craig - U.S. Bankruptcy Court, Northern District of Georgia, Atlanta, GA
Hon. Lori S. Simpson - U.S. Bankruptcy Court, District of Maryland, Greenbelt, MD
|3:30 - 5:00 PM - Marriott Rivercenter Salon AB|
|NCBJ & American College of Bankruptcy Joint International Program:
Bankruptcy Sin Fronteras (Bankruptcy Without Borders)—Voices and Videos From Around the World
In this program, leading practitioners, judges and academics--from all around the world--will address a broad range of cross-border and international issues. The moderators, Hon. Louise DeCarl Adler and Prof. Jay Westbrook, will present and comment on video and live presentations that will provide global perspectives on insolvency practice.
Hon. Louise DeCarl Adler - U.S. Bankruptcy Court, Southern District of California, San Diego, CA
Justice Kannan Ramesh - High Court, Singapore
Patrick Ang - Rajah & Tann Singapore LLC, Singapore
Agustín Berdeja-Prieto - Berdeja y Asociados, S.C., Mexico City, Mexico
Jenny Clift - United Nations Office of Legal Affairs, Vienna, Austria
Robert van Galen - NautaDutih, Netherlands
Daniel M. Glosband - CBInsolvency LLC, Swampscott, MA
Patricia Godfrey - CMS, London, UK
Dr. Luis Manuel C. Méjan - Law School of Instituto Technológico, Autónomo de México, Mexico City, Mexico
Prof. Christoph G. Paulus - Humboldt Universität zu Berlin, Germany
William J. Perlstein - BNY Mellon, New York, NY
Stathis Potamitis - PotamitisVekris, Greece
Prof. John A. E. Pottow - University of Michigan Law School, Ann Arbor, MI
Prof. Steven L. Schwarcz - Duke University School of Law, Durham, NC
Prof. Jay L. Westbrook - University of Texas School of Law, Austin, TX
|Tuesday, October 30|
|Inns of Court Presentation||8:45 - 9:00 AM - CC Lila Cockrell Theatre|
|9:00 - 10:00 AM - CC Lila Cockrell Theatre|
|That Low Down No Good Dirty Rotten Pig Stealing Sister Act
Ethics Follies® 2018 is a heavenly parody of the popular movie and Broadway show Sister Act. The original parody production is brought to you by The Association of Corporate Counsel, South/Central Texas Chapter (ACC). The fully-produced comedy features attorneys, bankruptcy judges, and professional actors to create an ethics-filled performance that stimulates conversation and debate by raising awareness of litigation, transactional, and leadership ethics issues. The hilarious nuns and gangsters will make good ethics your new “habit” in this divine comedy.
Hon. Sheri Bluebond - U.S. Bankruptcy Court, Central District of California, Los Angeles, CA
Hon. Paul Bonapfel - U.S. Bankruptcy Court, Northern District of Georgia, Atlanta, GA
Hon. Terrence Michael - U.S. Bankruptcy Court, Northern District of Oklahoma, Tulsa, OK
Hon. Robert Nugent - U.S. Bankruptcy Court, District of Kansas, Wichita, KS
Hon. Michael Romero - U.S. Bankruptcy Court, District of Colorado, Denver, CO
Hon. James P. Smith - U.S. Bankruptcy Court, Middle District of Georgia, Macon, GA
Judith Fitzgerald - Tucker Arensberg, P.C., Pittsburgh, PA
|Reconnect With Colleagues||10:00 - 10:30 AM - Theatre Foyer & Concourse|
|10:30 - 11:30 AM - CC Room 006ABC|
|Mission Critical – Know How to Close Before Starting the Surgery
The panel will help identify unique challenges to a successful exit for distressed not-for-profit healthcare providers, including the effect of qui tam claims, possible cash flow constraints, regulatory considerations to sales, and unique plan structures.
Louis E. Robichaux IV - Ankura, Dallas, TX
Mary A. Schmergel - Department of Justice, Washington, D.C.
Anupama Yerramalli - Kramer Levin Naftalis & Frankel LLP, New York, NY
|10:30 - 11:30 AM - CC Lila Cockrell Theatre|
|Hooked on the Horns of a Legal Dilemma: Can “Moo”tness Be Equitable?
While Courts of Appeal across the country recognize the doctrine of equitable mootness, there are substantial differences in approach: some circuits apply the doctrine liberally, even in cases that are arguably not complex; some circuits all but call for elimination of the doctrine. Dueling in the Lone Star State may, now, be strictly forbidden—but come watch two of the nation’s top appellate advocates face off in a courtroom showdown to settle long-standing feuds about equitable mootness. Presented as a highly stimulating mock oral argument before an esteemed panel of circuit judges, this program will ponder whether an appellate court can ever “unscramble the egg,” as the advocates each try to “steer” the bench to the right result.
|Introduction: Hon. William J. Lafferty, III - (Bankr. N.D. Cal.)
Hon. Bernice B. Donald - U.S. Court of Appeals, Sixth Circuit, Cincinnati, OH
Hon. Michael J. Melloy - U.S. Court of Appeals, Eighth Circuit, Cedar Rapids, IA
Hon. Richard A. Paez - U.S. Court of Appeals, Ninth Circuit, Pasadena, CA
Susan M. Freeman - Lewis Roca Rothberger Christie LLP, Phoenix, AZ
Danielle Spinelli - WilmerHale, Washington, D.C.
|11:45 AM - 12:45 PM - CC Room 006ABC|
|Finding a Whisper in a Whirlwind: Honing Oral Advocacy Skills
This oral advocacy skills workshop follows the mock oral argument presented by the nation’s top bankruptcy appellate advocates. Witness a rare behind the scenes debriefing of the oral argument from the presenting circuit judges and appellate advocates, and then join Bankruptcy Appellate Panel (“BAP”) judges from across the nation for in-depth roundtable discussions designed to hone your oral advocacy skills while providing an open forum to ask questions and receive pointers from a judicial perspective.
|Presenters & Discussion Leaders:
Judges and oral advocates from the mock oral argument
BAP judges will lead the table discussions
|11:45 AM - 12:45 PM - CC Room 005|
|Cryptocurrency: Antlers for Beer at the Buckhorn Saloon
The panel will explain and discuss cutting-edge digital currency and blockchain technology. It will also examine the regulatory and legal issues that are implicated by digital currency and blockchain technology and opine on what the future might hold in this quickly-evolving area.
|Moderator: Hon. Sandra Klein - U.S. Bankruptcy Court, Central District of California, Los Angeles, CA
Michele Korver - Department of Justice, Washington D.C.
Rumi Morales - CME Ventures, Chicago, IL
Bryce A. Suzuki - Bryan Cave Leighton Paisner, Phoenix, AZ
|Wednesday, October 31|
|9:00 - 10:00 AM - CC Lila Cockrell Theatre|
|Twelve Years of Turbulence: The Inside Story of American Airlines’ Battle for Survival
Former American Airlines General Counsel Gary Kennedy and journalist Terry Maxon recount the challenges and crises American faced during the years following the tragic attacks of 9/11, during which American Airlines lost billions as it struggled to avoid bankruptcy. The company finally had to file for bankruptcy, but merged with US Airways and concluded one of the most successful bankruptcies in U.S. history.
Gary Kennedy - Co-author of Twelve Years of Turbulence, Dallas, TX
Terry Maxon - Co-author of Twelve Years of Turbulence, Dallas, TX
|10:30 - 11:30 AM - CC Room 006ABC|
|Don’t Judge . . . Until You’ve Walked a Mile in a Judge’s Boots
“You’ll be a mile away, and you’ll have the judge’s boots.” In this fun and interactive learning experience, you will have the opportunity to “wear the robe” and analyze thorny problems that bankruptcy judges routinely face. After the all-judge panel sets up a scenario, participants will discuss in small groups how they would resolve the issues. Each group will include at least one bankruptcy judge to lead the discussion. The groups will report their “decisions” and then the members of panel will offer their thoughts on how they would (or did) rule on the matter.
|Moderator: Hon. Mildred Cabán - U.S. Bankruptcy Court, District of Puerto Rico, Old San Juan, PR
Hon. Michele Kim - U.S. Bankruptcy Court, Southern District of Georgia, Brunswick, GA
Hon. Charles Walker - U.S. Bankruptcy Court, Middle District of Tennessee, Nashville, TN
|Thank you for participating in the San Antonio 92nd NCBJ Annual Conference.
See you in Washington D.C. October 30 - November 2, 2019 at the Marriott Marquis for the 93rd Annual NCBJ Conference