National Conference of Bankruptcy JudgesNATIONAL CONFERENCE OF BANKRUPTCY JUDGES
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NCBJ Moderator & Speakers' Bio Book for NCBJ Programs

Thursday, October 9
8:45am - 9:00amEast Tower, Grand Ballroom
Opening Remarks:  Hon. Eugene R Wedoff, President NCBJ

Opening General Session
9:00am - 10:00amEast Tower, Grand Ballroom
“A Tale of Two Cities”
NCBJ Moderator & Speakers' Bio for This Session


Moderator

   
Hon. Steven W. Rhodes
U.S. Bankruptcy Court
Eastern District of Michigan



Panelists:



Hon. Elizabeth L. Perris Daniel Heimowitz Marc A. Levinson
Hon. Elizabeth L. Perris
U.S. Bankruptcy Court
District of Oregon
Daniel Heimowitz
RBC Capital Markets
Marc A. Levinson
Orrick, Herrington & Sutcliffe, LLP
     
Ron Oliner    
Ron Oliner
Duane Morris, LLP
   

Vallejo, Detroit and other city’s bankruptcies made the headlines. What were the root causes, how are many contracts renegotiated and a municipality’s finances restructured to emerge from bankruptcy? Tough problems. Passionate constituencies. Sole source of income pensions to billions in bonds and loans at stake. Hon. Steven W. Rhodes, United States Bankruptcy Court, Eastern District of Michigan; Hon. Elizabeth L. Perris, United States Bankruptcy Court, District of Oregon; Marc A. Levinson Orrick, Herrington & Sutcliffe, LLP and Ron Oliner, Duane Morris, LLP present “A Tale of Two Cities” from their perspectives from the municipal case trenches.

Speaker Huddle & Networking Break
10:00am - 10:30amEast Tower, Grand Ballroom Foyer

Concurrent A Sessions
10:30am - 11:30am
“Consumer Potpourri: What’s Sizzling, What’s Fizzling”East Tower, Grand Ballroom AB

NCBJ Moderator & Speakers' Bio for This Session

Presenters:



Hon. William Houston Brown (Ret.) Professor Katherine Porter  
Hon. William Houston Brown (Ret.)
U.S. Bankruptcy Court
Western District of Tennessee
Professor Katherine Porter
UC Irvine School of Law

Go beyond keeping up, and get ahead of the curve in this session on emerging trends in consumer bankruptcy. The duo promises straightforward and memorable summaries of the key cases and issues, along with lively commentary and humor. The discussion will cover case law, including the Supreme Court’s 2014 opinions and best-of-class opinions from bankruptcy judges around the country, with special attention to splits in authority and opportunities to assert nascent issues. The discussion will also fill you in on rulemaking and legislative developments that could affect your clients and your practice.

“All in the Family: Advising the Closely-Held Company”East Tower, Grand Ballroom CD

NCBJ Moderator & Speakers' Bio for This Session

Presenters:


Hon. William Houston Brown (Ret.) William L. Holt Mindy A. Mora
Michael St. Patrick Baxter
Covington & Burling, LLP
Whitman L. Holt
Klee, Tuchin, Bogdanoff & Stern, LLP
Mindy A. Mora
Bilzin Sumberg
     
Douglas B. Rosner    
Douglas B. Rosner
Goulston & Storrs
   

A lawyer representing a closely held corporation in Chapter 11 works for the corporation, not the company's principals--everyone knows that.  But how does the idea play out in practice?  May a debtor's attorney advocate for reorganization plans that benefit the principals?  May that lawyer take into account the principals' needs and concerns--their liabilities for trust fund taxes, or under guaranties?  How does the company lawyer strike the balance between retaining the principals' cooperation and crossing the line into representation?  And what happens when a lawyer crosses that line?  This panel will discuss all of that and more.


Speaker Huddle & Networking Break
11:30am - 11:45amEast Tower, Grand Ballroom Foyer

 

Concurrent B Sessions
11:45am - 12:45pm
“Retirement Assets in Bankruptcy: Protecting, or Tarnishing,East Tower, Grand Ballroom AB
A Debtor’s Assets in the Golden Years” 
NCBJ Moderator & Speakers' Bio for This Session

Hon. Brian D. Lynch Calvin Huang Todd F. Maynes
Hon. Brian D. Lynch
U.S. Bankruptcy Court
Western District of Washington
Calvin Huang
Land of Lincoln Legal
Assistance Foundation
Todd F. Maynes
Kirkland & Ellis, LLP

Retirement savings for most Americans are woefully inadequate, but does a fresh start include the ability to keep retirement savings and make retirement contributions? What are the results when bankruptcy, tax and pension law collide? Our panel will unravel the mysteries of retirement assets in bankruptcy.

“Assuring eDiscovery Does Not Become eDisaster”East Tower, Grand Ballroom CD
NCBJ Moderator & Speakers' Bio for This Session

Hon. James F. Holderman Stephen D. Lerner Jason Lichter
Hon. James F. Holderman
U.S. District Court
Northern District of Illinois
Stephen D. Lerner
Squire Patton Boggs
Jason Lichter
Pepper Hamilton, LLP
     
Camisha Simmons    
Camisha Simmons
Norton Rose Fulbright
   

Given the rapidly evolving electronic discovery landscape, and in particular a spate of recent decisions sanctioning parties for failing to adequately preserve relevant electronically stored information (ESI), e-discovery remains top-of-mind for many litigation attorneys. This subject, however, has largely been ignored by bankruptcy professionals. As made clear by emerging jurisprudence, bankruptcy professionals should be vigilant and diligent about compliance because the sanctions for non-compliance can be severe. An experienced panel will explore ESI issues that arise in large and small bankruptcy cases and discuss practical strategies for satisfying ESI preservation and discovery obligations in a reasonable and cost-efficient manner.

NCBJ - INSOL International Program (CLE Program)Columbus GH
2:00pm -4:00pm
“Born in the USA: Grown Abroad – How Different Foreign Jurisdictions Restructure Major Corporate Groups”
NCBJ Moderator & Speakers' Bio for This Session

Using the U.S. Chapter 11 case of Cengage Learning, Inc. as a case study, the panel will explore how the Cengage case would have played out both in and out of court had it occurred in other countries, including, Australia, Brazil, Hong Kong and South Africa. The panel will discuss: potential issues posed by sponsors who hold positions across the capital structure; preference actions; (un)encumbered assets; the mediation process and a variety of other issues. The panel discussion also will focus on the differences among varying jurisdictions both in and out of court regarding the approaches and outcomes of each of these issues.

Moderator

 

James H. M. Sprayregen    
James H. M. Sprayregen
Kirkland & Ellis, LLP



Panelists:



Adam Harris Edward Middleton Luiz Fernando Valente de Paiva
Adam Harris
Bowman Gilfillan Africa Group
Edward Middleton
KPMG China
Luiz Fernando Valente de Paiva
Pinheiro Neto Advogados, Brazil
     
Mark Robinson    
Mark Robinson
PPB Advisory, Australia
   


NCBJ - International Judicial Roundtable (Non-CLE Program)Columbus GH

4:00pm - 5:00pm

 

Friday, October 10
9:00am - 10:00amEast Tower, Grand Ballroom
Morning General Session
“Watching the Hedges Grow: Inside the Mind of Distressed Investors”
NCBJ Moderator & Speakers' Bio for This Session


Presenters:

Hon. James M. Peck Bruce Bennett  
Hon. James M. Peck
(Ret.), Morrison Foerster
Bruce Bennett
Jones Day
Mark D. Brodsky
Aurelius Capital Management, LP
     
William Q. Derrough Ken Liang  
William Q. Derrough
Moelis & Co.
Ken Liang
Oak Hill Advisors, LP
 

Love them or hate them, distressed hedge fund investors are here to stay in Chapter 11 cases, often dominating a case's dynamics and outcome. This panel will explore not only what happens in the trenches, but also behind the scenes, with panelists from two major distressed hedge funds and a uniquely experienced set of experts who have had major roles in the most significant Chapter 11 cases.

Speaker Huddle & Networking Break
10:00am - 10:20amEast Tower, Grand Ballroom Foyer

Mid-Morning General Session
10:20am - 11:20amEast Tower, Grand Ballroom
“All the Courtroom’s A Stage: Honing Courtroom Presentation Skills
NCBJ Moderator & Speakers' Bio for This Session

"Young Guns”

Shay A. Agsten Stephen E. Hessler Ori Katz
Shay A. Agsten
Von Briesen & Roper, S.C.
Stephen E. Hessler
Kirkland & Ellis, LLP
Ori Katz
Sheppard, Mullin, Richter & Hampton, LLP
     
Demetra L. Liggins    
Demetra L. Liggins
Thompson & Knight
 

“Expert Witness” :

Timothy J. Dragelin    
Timothy J. Dragelin
FTI Consulting


“Judges”:

Hon. Bernice Bouie Donald Hon. Ann C. Williams Richard L. Wynne
Hon. Bernice Bouie Donald
Sixth Circuit Court of Appeals
Hon. Ann C. Williams
Seventh Circuit Court of Appeals
Richard L. Wynne
Jones Day

Substance matters most in the courtroom, but style counts, too.  This panel will focus on honing presentation skills for lawyers and witnesses.  Four "rising star" bankruptcy litigators will examine and cross-examine an expert witness on issues involving plan confirmation, such as valuation and applicable interest rate.  The examinations will take place before a judging panel, composed of experienced appellate judges, a lawyer, and a Second City performer.  The judging panel will provide a critique both of the substance of the examinations and the litigators' advocacy skills, style and strategies.  Come pick up tips for upping your courtroom game!

Speaker Huddle & Networking Break
11:20am - 11:45amEast Tower, Grand Ballroom Foyer

Final Morning General Session
11:45am - 12:45pmEast Tower, Grand Ballroom
“Whose Case Is This Anyway?  Should a Chapter 11 Case Be Run Solely for the Benefit of the Secured Creditors?”
NCBJ Moderator & Speakers' Bio for This Session

Presenters:

Hon. Barbara J. Houser Ross M. Kwasteniet Jeffrey N. Pomerantz
Hon. Barbara J. Houser
U.S. Bankruptcy Court
Northern District of Texas

Ross M. Kwasteniet
Kirkland & Ellis, LLP
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones
     
Ken Liang  
Damian S. Schaible
Davis Polk & Wardwell, LLP
Jane Lee Vris
Millstein & Co.
 

 


Balance sheets of corporate debtors are increasing dominated by blanket liens, including second and third liens.  When a Chapter 11 case commences, the amount of secured debt may exceed the value of the enterprise.  DIP financings and cash collateral orders often dictate the outcome of cases, and quick sales of substantially all of the debtor's assets, benefitting only secured creditors, are increasingly common.  This panel will consider the implications of cases dominated by secured creditors, including recent court decisions testing the limits of blanket liens, quick sales, and credit bidding by distressed investors.

Saturday, October 11
9:00am - 10:00amEast Tower, Grand Ballroom
Morning General Session
“Minding Your Business: Maintaining Focus in Modern Law Practice”
NCBJ Moderator & Speakers' Bio for This Session

Seeking to live a calmer, more productive life?  Are you convinced you have too many emails, too many meetings, too many deadlines, too many things you want to do?   Wish the world would just stop so you could catch your breath?  This program reviews breaking scientific developments about mindfulness; it  examines mindfulness practices that can help reduce stress in your life and your work, and improve your health and concentration. From ancient teachings to modern science, with a practice session included, this is a "must see" program.

Presenters:

 

Hon. Colleen A. Brown Scott L. Rogers Paul Steven Singerman
Hon. Colleen A. Brown
U.S. Bankruptcy Court
District of Vermont
Scott L. Rogers, MS, JD
Lecturer in Law, Director,
Mindfulness in Law Program
University of Miami School of Law
Paul Steven Singerman
Berger Singerman LLP

Speaker Huddle & Networking Break
10:00am - 10:20amEast Tower, Grand Ballroom Foyer

 

Mid-Morning General Session
10:20am - 11:20amEast Tower, Grand Ballroom
“Wait, Wait . . . Don’t Tell Me!  An Ethics Game Show” *
NCBJ Moderator & Speakers' Bio for This Session

“Emcee”:  

Hon. James B. Haines    
Hon. James B. Haines
U.S. Bankruptcy Court
District of Maine (retired)

“Contestants”:

Hon. Barbara J. Houser Hon. A. Benjamin Goldgar Timothy F. Nixon
Christine E. Devine
Mirick, O'Connell, DeMaillie & Lougee, LLP
Hon. A. Benjamin Goldgar
U.S. Bankruptcy Court
Northern District of Illinois
Timothy F. Nixon
Godfrey &Kahn, S.C.
     
Hon. Neil Olack Prof. Nancy B. Rapoport Hon. Erithe A. Smith
Hon. Neil Olack
U.S. Bankruptcy Court
Southern District of Mississippi
Prof. Nancy B. Rapoport
University of Nevada Las Vegas William S. Boyd School of Law
Hon. Erithe A. Smith
U.S. Bankruptcy Court
Central District of California

Loosely following the format of the popular "Wait, Wait . . . Don't Tell Me!" radio program from National Public Radio and WBEZ in Chicago, this program will feature judges, lawyers and law professors debating ethical conundrums of relevance to bankruptcy lawyers, lenders and workout professionals.  Expect some high jinks and surprises as the panelists compete over such thorny issues as limited scope representation, disclosure requirements for experts and consultants, and fiduciary duties of Chapter 7 trustees.  Who will win the coveted voice mail message from a bankruptcy celebrity?  Come and find out!

*"Wait, Wait ... Don't Tell Me! is a federally registered trademark used with permission, courtesy National Public Radio, Inc."

Closing General Session
11:30am - 12:30pmEast Tower, Grand Ballroom
“May You Live in Interesting Times:  The Supreme Court’s Year in Bankruptcy”
NCBJ Moderator & Speakers' Bio for This Session

Presenters:

G. Eric Brunstad, Jr. Dean Erwin Chemerinsky  
G. Eric Brunstad, Jr.
Dechert, LLP
Dean Erwin Chemerinsky
University of California Irvine
School of Law

In the past year, the United States Supreme Court has considered several bankruptcy cases, and both the bankruptcy community and the larger federal court community watched and waited to see how the outcomes might affect them.  Few have been better situated to consider and comment on the impact of these decisions than Dean Erwin Chemerinsky and Attorney Eric Brunstad.  Join us for what promises to be a lively debate between these two experts over how the Court's decisions in cases such as Law, Rameker and Arkison will impact the bankruptcy world.