American Bar AssociationAMERICAN BAR ASSOCIATION CLE PROGRAMS
ABA Committee Working Meetings

ABA Moderator & Speakers' Bio Book for ABA Programs

ABA EDUCATIONAL PROGRAMS & LUNCHEONS

Wednesday, October 8, 2014 through Saturday, October 11, 2014


ABA Registration and CLE Help Desk East Tower, Grand Ballroom Foyer

Wednesday, October 8, 2014
2:00 – 4:00 pm – Business Bankruptcy CommitteeWest Tower, Crystal Ballroom A
ABA Moderator & Speakers' Bio for This Session

Pro Bono Service on a Board of a Not for Profit in Crisis/Fulfilling Your Not For Profit’s Mission During Financial Distress. In memoriam of U.S. Bankruptcy Judge Nancy Dreher, District of Minnesota.

NCBJ - ABA Joint Program
Sponsoring Subcommittees: Pro Bono Services, Abuses of Bankruptcy Process, Health & Non-Profit, Insurance, and Professional Ethics

Moderator

Andrew Troop   Martha E.M. Kopacz
Andrew Troop, Partner
Pillsbury Winthrop Shaw Pittman LLP
New York, NY
   

Speakers

 

Deborah Gutfeld Martha E.M. Kopacz Raymond T. Lyons
Deborah Gutfeld, Senior Counsel
Perkins Coie
Denver, CO
Martha E.M. Kopacz, Sr. Managing Dir.
Phoenix Management Services
Boston, MA
Raymond T. Lyons, Counsel
Fox Rothschild LLP
Princeton, NJ
     
Parvathy Sree Kenneth J. Young  

Parvathy Sree, RPLU, AIM, CIPM
First Nonprofit Group,
an AM Trust Financial Company
Chicago, IL

Kenneth J. Young, Member
Buerger, Moseley & Carson, PLC
Franklin, TN
 

Not-for-profit organizations, including charities, are often under enormous financial pressure and frequently face numerous challenges in order to keep their doors open. This panel will discuss corporate governance issues faced by the board members of a distressed non-profit, what happens to non-profits in bankruptcy, director and officer insurance issues from the viewpoints of a D&O insurer, and the roles and perspectives of the financial advisor and attorney trying to assist the non-profit through its crisis, a bankruptcy trustee, and the judge presiding over a non-profit’s bankruptcy case.

This program is the second annual in memoriam to Judge Nancy Dreher who served as a U.S. Bankruptcy Judge in the District of Minnesota for many years and who wrote and spoke on the importance of pro bono services.


3:00 – 5:00pm – Business Bankruptcy CommitteeEast Tower, Columbus GH
(Almost) Everything You Wanted to Know About...Executory Contracts

NCBJ - ABA Joint Program
Sponsoring Subcommittees: Membership, Executory Contracts and Claims & Priorities
ABA Moderator & Speakers' Bio for This Session


Moderator:

 

Christopher Combest   Martha E.M. Kopacz
Christopher Combest, Partner
Quarles & Brady LLP
Chicago, IL
   

Materials Coordinator: Jill C. Walters, Poyner Spruill LLP. Raleigh, NC

Speakers:

Hon. Carol A. Doyle Ashley Champion Andrea Coles-Bjerre
Hon. Carol A. Doyle
U.S. Bankruptcy Court
Northern District of Illinois
Chicago, IL
Ashley Champion, Judicial Law Clerk, Bankruptcy Judge Katharine M. Samson
Southern District of Mississippi

Andrea Coles-Bjerre, Assoc. Professor
University of Oregon School of Law
Portland, OR
     
Paul R. Hage Lisa M. Schweitzer  

Paul R. Hage, Partner
Jaffe Raitt Heuer & Weiss P.C.
Southfield, MI

Lisa M. Schweitzer, Partner
Cleary Gottlieb Steen & Hamilton LLP
New York, NY
 

Virtually every bankruptcy requires parties to resolve competing rights and claims under "executory contracts," a term encompassing agreements as varied as supply contracts, service agreements, leases, licenses, options, and rights of first refusal.  From diverse perspectives, the panel will thoroughly review the basic rules for identifying, treating, and disposing of such contracts in bankruptcy; the surprising ways in which contract rights can remain uncertain, even unenforceable, in bankruptcy, and practical strategies for protecting those rights.  The panel will also probe more deeply into problems peculiarly associated with certain types of contracts, including intellectual property licenses, real estate leases, and contracts with governmental units.

Thursday, October 9, 2014
7:30-8:45 am – Joint Program - Business Bankruptcy and Consumer Bankruptcy Committees
Concurrent A SessionWest Tower, Comiskey
The Uniform Voidable Transactions Act

Sponsoring Subcommittee:  Avoiding Powers (Business Bankruptcy) and Consumer Bankruptcy Committee
ABA Moderator & Speakers' Bio for This Session

Moderator: 

Bruce Borrus   Martha E.M. Kopacz
Bruce Borrus, Shareholder
Riddell Williams P.S.
Seattle, WA
   

Speakers:

Patricia A. Redmond Edwin E. Smith Martha E.M. Kopacz
Patricia A. Redmond, Shareholder
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
Miami, FL
Edwin E. Smith, Partner
Bingham McCutchen LLP
Boston, MA and New York, NY
 

This panel will discuss the proposed amendments to the Uniform Fraudulent Transfer Act.

7:30-8:45 am – Business Bankruptcy Committee
Concurrent B SessionWest Tower, Gold Coast
It’s Not About the Money! (or Is It?):  Garnering Support for Bankruptcy Sales Without Increasing the Purchase Price
Sponsoring Subcommittees:  Use and Disposition of Property
ABA Moderator & Speakers' Bio for This Session

Moderators:

 

Andrew Troop Marc J. Carmel Martha E.M. Kopacz
Steven N. Cousins, Partner
Armstrong Teasdale LLP
St. Louis, MO
Marc J. Carmel, Of Counsel
Paul Hastings LLP
Chicago, IL
 

Speakers:


Andrew Troop Andrew Troop Andrew Troop
Honorable Timothy A. Barnes
US Bankruptcy Court
Northern District of Illinois
Robert A. Klyman, Partner
Gibson, Dunn & Crutcher
Los Angeles, CA
Adam C. Maerov, Partner
McMillan LLP
Calgary, Canada
     
Andrew Troop Andrew Troop  
David M. Schulte,
Managing General Partner

Chilmark Partners
Chicago, IL
Suzanne S. Yoon, Managing Director, Transaction Development
Versa Capital Management, LLC, Chicago, IL
 

This highly-entertaining and energized panel boasts experience in all aspects of bankruptcy purchases and sales—Bankruptcy Judge, Attorney, Financial Advisor, and Principal Investor.  The panelists will share their real world experiences as they discuss and debate what purchasers can do to increase the likelihood of being the successful bidder for assets in bankruptcy sales and how to execute on a winning strategy, all without increasing the purchase price.

 

7:30-8:45 am – Business Bankruptcy Committee
Concurrent C Session West Tower, Water Tower Room
Engagement Agreements with Individual Chapter 11 Debtors

Sponsoring Subcommittees:  Individual Chapter 11 Debtors and Small Business
ABA Moderator & Speakers' Bio for This Session

Moderator

Harry Greenfield   Martha E.M. Kopacz
Harry Greenfield, Partner
Buckley King
Cleveland, OH
   

Speakers

Mariaelena Gayo-Guitian Leonard C. Walczyk Martha E.M. Kopacz
Mariaelena Gayo-Guitian,  Partner
Genovese, Joblove & Battista P.A.
Fort Lauderdale, FL
Leonard C. Walczyk, Member Wasserman, Jurista & Stolz, P.C. Millburn, NJ.  

The Small Business and the Individual Chapter 11 Debtor Subcommittees are co-sponsoring a program on representing individual debtors in Chapter 11 cases.  This panel of attorneys with experience in representing debtors will discuss the debtor’s duties as a debtor in possession and the issues this fiduciary position creates for the debtor and the debtor’s counsel.  The importance of engagement agreements that address these issues will be discussed, and the panel will provide drafting tips for such agreements.

1:00 – 3:15 pm – Business Bankruptcy CommitteeWest Tower, Regency Ballroom CD
Business Bankruptcy Committee Heidt Award / Chapter 11 Luncheon CLE Program
What Every Distressed Investor Should Ask When Venturing Offshore.  Are Chapter 11 Skill Sets and Experience Alive and Well (and Relevant) in Europe?  
 

NCBJ - ABA Joint Program
Sponsoring Subcommittees:  Chapter 11
ABA Moderator & Speakers' Bio for This Session

Moderator

Corinne Ball    
Corinne Ball, Partner
Jones Day
New York, NY
   

Speakers: 

 

Hon. Shelley Chapman Eckart Budelmann Jay Goffman
Honorable Shelley Chapman,
US Bankruptcy Court
S. District of New YorkNew York, NY
Eckart Budelmann, Partner
Bryan Cave LLP
Hamburg, Germany
Jay Goffman, Partner & Practice
Leader, Global Restructuring

Skadden Arps
New York, NY
     
Simon Granger    
Simon Granger, Senior
Managing Director

FTI Consulting
London, UK
   

U.S.-based investors are very comfortable with U.S. Bankruptcy Courts, Chapter 11 proceedings and restructuring professionals.  How has this perspective impacted on the expectations and experiences of distressed investors when they venture offshore?  What happens when principles fundamental to U.S. bankruptcy law, such as favoring debt over equity in insolvent situations, are not universally applied?  This program will explore recent developments in offshore restructurings, including how the experience and mindset of U.S. investors and their advisors are playing a vital role in changing the face of distressed investing in Europe and elsewhere and the challenges that every U.S. investor should be aware of when investing outside of the U.S. so as not to be caught by surprise.  


3:30-5:30 p.m. – Business Bankruptcy CommitteeWest Tower, Comiskey
FEATURED PROGRAM - Take the First Exit! – Defenses That Can Win a Case Early

NCBJ - ABA Joint Program
Sponsoring Subcommittees:  Litigation and Administration and Courts
ABA Moderator & Speakers' Bio for This Session

Moderators:

 

Mariaelena Gayo-Guitian Leonard C. Walczyk Martha E.M. Kopacz
Sandra A Riemer, Partner
Phillips Nizer LLP
New York, NY
John C. Weitnauer, Member
Alston & Bird LLP
Atlanta,  GA
 

 

Speakers:

 

Andrew Troop Andrew Troop Andrew Troop
Honorable Martin Glenn,
US Bankruptcy Court
Southern District of New York
Patrick Darby, Partner
Bradley Arant Boult Cummings LLP Birmingham, AL
Jonathan M. Landers, Partner
Scarola Malone & Zubatov LLP
New York, NY
     
Andrew Troop    
Catherine L. Steege, Partner
Jenner & Block LLP
Chicago, IL
 

The distinguished panel will discuss the strategic and tactical benefits that can be gained by an early focus on "procedural" and affirmative defenses that could be dispositive in an adversary proceeding, such as the "plausibility standard" enunciated in Bell Atlantic Corp. v. Twombly, standing, res judicata, estoppel and waiver.

 

Friday, October 10, 2014
7:30-8:45 am – Business Bankruptcy Committee
Concurrent A SessionEast Tower, Plaza Ballroom AB
Is there Room in the Chapter 11 Ark for Trustees, Examiners, Receivers and CROs?
Sponsoring Subcommittee:  Trustees and Examiners
ABA Moderator & Speakers' Bio for This Session

Moderator

Rafael X. Zahralddin-Aravena   Martha E.M. Kopacz
Rafael X. Zahralddin-Aravena, Shareholder and Director
Elliott Greenleaf, P.C.
Wilmington, DE
 

Speakers:

Katherine Catanese Benjamin I. Finestone Andrew Troop
Katherine R. Catanese, Sr. Counsel
Foley and Lardner LLP
New York, NY
Benjamin I. Finestone, Partner
Quinn Emanuel Urquhart & Sullivan, LLP
New York, NY
William K. Harrington, US Trustee
Region I and II
Boston, MA
     
Judith W. Ross Sheila T. Smith  
Judith W. Ross, Shareholder
Law Offices of Judith W. Ross
Dallas, TX
Sheila T. Smith, Principal
Deloitte CRG
New York, NY

This panel will discuss the underlying common law surrounding receiverships (including federal receivers), case law and statutory authority relating to the appointment of trustees and examiners, and the use of crisis restructuring officers in chapter 11.  The panel will focus on recent trends including cases resulting from the use of foreign subsidiaries to access the U.S. market through reverse mergers, cross border fiduciary duties, fraud cases, and cases related to gross mismanagement.  Special attention will be paid to the practical limitations of using receivers, CROs, trustees and examiners. 

7:30-8:45 am – Business Bankruptcy CommitteeEast Tower, Skyway 260
Concurrent B Session                                                                      
Restaurant Bankruptcies--Should I Make a Reservation Now?    
Sponsoring Subcommittees: Claims & Priorities, Executory Contracts, Insurance and Small Business
ABA Moderator & Speakers' Bio for This Session

Moderator: 

 

Mariaelena Gayo-Guitian   Martha E.M. Kopacz
Ryan T. Schultz, Partner
Fox, Swibel, Levin & Carroll, LLP Chicago, IL
 

Speakers:

 

Bobby Guy Phillip Martino Mario Ponce
Bobby Guy, Partner
Frost Brown
Nashville, TN
Phillip Martino, Partner
Quarles & Brady
Chicago, IL
Mario Ponce, Principal
Partners in Hospitality
Chicago, IL
     
Patricia Rynn Jennifer Sucher  
Patricia J. Rynn, Partner
Rynn & Janowsky
Newport Beach, CA
Jennifer Sucher, Executive Counsel, Restructuring Bankruptcy
GE Capital
Chicago, IL
 

Industry reports project an increase in the number of restaurants filings, especially by casual dining restaurants.  Restaurant bankruptcies raise a number of  complex issues that are not found in a manufacturer case or in cases involving other service businesses.  Our panelists will discuss:

  1. What is cash collateral subject to the lien of the secured lender?;
  2. How do you deal with the franchise agreement, which may have very high cure costs?;
  3. Can the Bankruptcy Court authorize the transfer of the liquor license?;
  4. Why the broccoli supplier may be one of the case’s most important creditors; and
  5. Why you especially don’t want coffee spilled on you when you are visiting the restaurant? (hint--the claim is probably uninsured).

The panelists will speak from a variety of views, including those of the secured creditor, the debtor, the chapter 11 trustee of a restaurant franchisor and the suppliers. 

7:30-8:45 am – Business Bankruptcy Committee
Concurrent C Session West Tower, Comiskey
Discovery and Judicial/Legislative Developments in Mass Torts and Asbestos Trusts
Sponsoring Subcommittee:  Rules, Legislation and Mass Tort and Environmental Claims
ABA Moderator & Speakers' Bio for This Session

Moderator: 

Hon. Judith K. Fitzgerald   Martha E.M. Kopacz
Hon. Judith K. Fitzgerald (Ret.), Professor of Law
Indiana Tech Law School
Fort Wayne, Indiana
Of Counsel
Tucker Arensberg, P.C.
Pittsburgh, PA
 

Speakers:

Leslie A. Davis Charles H. Mullin Trevor Swett III
Leslie A. Davis, Counsel
Crowell & Moring LLP
Washington, DC
Charles H. Mullin, PhD, Partner
Bates White LLC
Washington, DC
Trevor Swett III, Member
Caplin & Drysdale, Chartered Washington, DC

Asbestos trusts established pursuant to confirmed plans of reorganization currently hold in excess of $30 billion in assets. They resolve and process large numbers of asbestos personal injury tort claims.  Asbestos claims filed with an asbestos trust, unlike claims filed in the tort system, are not publicly filed, and there is an issue as to whether lack of transparency in the trust system has led to abuse of the trusts and of the tort system--as recently illustrated by the Garlock bankruptcy court decision on claim estimation. In Garlock it was found that claimants gave materially different work histories to trusts from which they recovered payments, on the one hand, and to Garlock, in connection with the bankruptcy, on the other--which the court found to show  a "startling" "pattern of misrepresentation." 504 B.R 71, 86 (Bankr. W.D.N.C. 2014). The panel will focus on the need for trust discovery in asbestos bankruptcies, legislative proposals as to trust transparencies, and judicial and rule responses to the issue.

1:00 – 3:00 pm – Business Bankruptcy CommitteeWest Tower, Regency Ballroom CD
Secured Creditors Lunch                                            
Herding Clients: Working with Multiple Secured Creditors

NCBJ - ABA Joint Program
Sponsoring Subcommittee:  Secured Creditors and Trust Indentures
ABA Moderator & Speakers' Bio for This Session

Moderator

Susan M. Freeman   Martha E.M. Kopacz
Susan M. Freeman, Partner
Lewis Roca Rothgerber LLP
Phoenix, AZ
 

Speakers:

Bryant D. Barber Jeanne P. Darcey Jennifer C. Hagle
Bryant D. Barber, Partner
Lewis Roca Rothgerber LLP
Phoenix, AZ
Jeanne P. Darcey, Partner
Sullivan & Worcester
Boston, MA
Jennifer C. Hagle, Partner
Sidley Austin LLP
Los Angeles, CA
     
William P. Smith    
William P. Smith, Partner
McDermott Will & Emery LLP
Chicago, IL
   

Panelists regularly representing indenture trustees, hedge funds and financial institutions will discuss issues arising in restructurings and Chapter 11 cases when secured creditor clients have constituent groups, including communications with participants and beneficiaries, driving consensus on interim and exit strategies, obtaining direction from majorities and meeting rights of minorities, funding bridge or DIP financing, decision-making on credit bidding, and plan voting logistics.

3:15 – 4:45 pm – Business Bankruptcy Committee East Tower, Columbus GH
Current Developments                                                        
Sponsoring Subcommittee:  Current Developments Task Force
ABA Moderator & Speakers' Bio for This Session

Moderator: 

Martin J. Bienenstock   Martha E.M. Kopacz
Martin J. Bienenstock, Partner
Proskauer Rose LLP
New York, NY
 


Speakers:

Michael R. Enright Monique D. Hayes Jennifer R. Hoover
Michael R. Enright, Partner
Robinson & Cole LLP
Hartford, CT
Monique D. Hayes, Associate
Genovese Joblove & Battista, PA
Miami, FL
Jennifer R. Hoover, Partner
Benesch, Friedlander, Coplan & Aronoff LLP
Wilmington, DE
     
Robert B. Millner    
Robert B. Millner, Partner
Dentons
Chicago, IL
   

Description:  This popular panel, led by Martin Bienenstock, will discuss current developments in the areas of claims, exemptions, priorities and Chapter 11.



ABA COMMITTEE WORKING MEETINGS

Wednesday, October 8, 2014
3:30 – 5:30 pm – Business Bankruptcy CommitteeWest Tower, Crystal Ballroom B    
Chairs and Vice Chairs Meeting - Working Meeting 
Chair: Kay Kress, Partner, Pepper Hamilton LLP, Detroit, MI

Thursday, October 9, 2014
7:30-8:30 am – Business Bankruptcy Committee
E-newsletter Subcommittee Working MeetingEast Tower, Plaza Ballroom AB

Co-Editors:

7:30-8:30 am – Bankruptcy Court Structures and Insolvency Process Committee   West Tower, Soldier Field
Committee Meeting - Working Meeting                                      
Chair: Sharon Z. Weiss, Partner, Bryan Cave LLP, Santa Monica, CA

8:30-9:30 am – Bankruptcy Court Structures and Insolvency Process CommitteeWest Tower, Soldier Field
White Collar Crime and Business Bankruptcy Subcommittee Meeting - Working Meeting 
C
hair: Associate Professor Karen Gebbia, Golden Gate University Law School, San Francisco, CA

9:30 – 10:30 am – Bankruptcy Court Structures and Insolvency Process CommitteeWest Tower, Soldier Field
Electronic Stored Information / Discovery Subcommittee Meeting - Working Meeting
Chair:  Richard Wasserman, Partner, Venable LLP, Baltimore, MD

10:30-12:00 pm - Business Bankruptcy CommitteeEast Tower, Skyway 273
Publications Subcommittee Meeting - Working Meeting                   
Chair:  Associate Professor Karen Gebbia, Golden Gate University Law School, San Francisco, CA.

12:00 - 1 pm - Business Bankruptcy CommitteeEast Tower, Skyway 273
Publications Subcommittee – Reorganizing Failing Businesses Book Project - Working Meeting
Chair:  Associate Professor Karen Gebbia, Golden Gate University Law School, San Francisco, CA

Friday, October 10, 2014
7:30-8:30 am – Joint Working Group Business Bankruptcy and Bankruptcy Court Structures and  Insolvency Process CommitteesEast Tower, Skyway 272
Bankruptcy Code Revisions Subcommittee - Working Meeting           
Chair:  Hon. Samuel Bufford, Distinguished Scholar in Residence, Penn State Law, University Park, PA.

8:30-9:30 am – Bankruptcy Court Structures and Insolvency Process CommitteeEast Tower, Skyway 272 Monetization Subcommittee - Working Meeting                        
Chair: James L. Patton, Jr., Partner, Young, Conway, Stargatt & Taylor, LLP, Wilmington, DE

2:00 – 3:00 pm – Business Bankruptcy CommitteeWest Tower, Comiskey
Bankruptcy Committees Subcommittee - Working Meeting    
Chair: Henry Kevane, Partner, Pachulski Stang Ziehl & Jones, San Francisco, CA

3:00 – 4:00 pm – Business Bankruptcy CommitteeWest Tower, Comiskey
Joint Task Force on Governance Issues for Distressed Companies - Working Meeting Focusing on 50 State Questionnaire on D&O Issues

Co-Chairs of Joint Task Force:

5:00 – 6:30 pm – Business Bankruptcy CommitteeEast Tower, Plaza Ballroom AB
Programs Subcommittee - Working Meeting           

Chairs: