Thursday, February 9
4:30 p.m.
Registration
6:00-7:30 p.m.
Opening Reception
Friday, February 10
7:30-8:00 a.m.
Registration and Continental Breakfast
8:00-8:15 a.m.
Welcome and Opening Remarks
8:15-9:30 a.m.
Offshore Alert: Changes to Insolvency Laws and Rules in the Bahamas
The Hon. Mr. Justice Ian Winder
Supreme Court of the Bahamas; New Providence, The Bahamas
Brian M. Moree
McKinney Bancroft & Hughes; Nassau, The Bahamas
Brian Simms
Lennox Paton; Nassau, The Bahamas
9:30-9:45 a.m.
Refreshment Break
Sponsored by Solomon Harris
9:45-10:45 a.m.
Buying and Investing in Bankruptcy Litigation: A New Paradigm
This panel will explore the following questions: Who is your client? What is the decision-making process for your client (veto)? Who is liable for sanctions for actions in the case? The panel will also discuss attorney/client privilege, mediation (and who needs to be there) and champerty concerns.
Prof. Jan L. Jacobowitz, Moderator
University of Miami School of Law; Coral Gables, Fla.
Justin G. Brass
Burford Capital LLC; New York
Warren E. Gluck
Holland & Knight LLP; New York
James C. Little
Drumcliffe Partners; Wilmington, Del.
10:45-11:45 a.m.
“You Can't Always Get What You Want…”: Update on Chapter 15 Assistance to Foreign Trustees and by Caribbean Courts in U.S. Cases
This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts.
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Shelly C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Prof. Andrew Dawson
University of Miami School of Law; Coral Gables, Fla.
Rachael Reynolds
Ogier; Camana Bay, Grand Cayman, Cayman Islands
11:45 a.m.-12:00 noon
Refreshment Break
12:00-1:15 p.m.
Judges’ Roundtable
Patricia A. Redmond, Moderator
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
Saturday, February 11
7:30-8:00 a.m.
Continental Breakfast
8:00-9:15 a.m.
Concurrent Sessions (2)
Zika in the Caribbean, and Other Stinging Health Care Insolvency Issues
This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Melissa Davis
KapilaMukamal; Fort Lauderdale, Fla.
Samuel R. Maizel
Dentons; Los Angeles
Tiffany D. Payne
BakerHostetler, Orlando, Fla.
Frank P. Terzo
GrayRobinson, P.A.; Fort Lauderdale, Fla.
Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets
This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.
C.R. Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
Jonathan E. Gopman
Akerman LLP; Naples, Fla.
Ira L. Herman
Blank Rome LLP; New York
9:15-10:30 a.m.
Concurrent Sessions (2)
Puerto Rico’s Financial Crisis: The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) in Action
This panel will explore the oversight board created under PROMESA, including (1) a simplified overview of the law with a summary of each chapter, (2) the key players and their roles (e.g., PROMESA oversight board, executive director, revitalization coordinator, etc.), (3) highlights from the first 90 days of PROMESA, (4) a comparison/contrast of PROMESA with the DC and NYC financial crises, and (5) the major challenges faced by the oversight board to improve Puerto Rico’s financial condition (restructuring, economic development, fiscal reform).
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Sonia Colon
Ferraiuoli, LLC; Orlando, Fla.
Carmen Conde
C. Conde & Associates; San Juan, Puerto Rico
Kevin Lavin
Ankura Consulting Group, LLC; New York
John J. Rapisardi
O’Melveny & Myers LLP; New York
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, N.C.
Part II: Finding Dory’s Assets! How to Find Money and Make Sure It Stays Put
This panel will discuss the kinds of asset information that can be obtained depending on who is looking for it (i.e., liquidator/receiver/trustee in bankruptcy, creditor), including the decision in In re Petroforte Brasileiro de Petroleo Ltda and how to make sure that assets, once found, don’t disappear.
Laura Hatfield, Moderator
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Graeme Halkerston
Wilberforce Chambers; London
Keiran Hutchison
Ernst & Young Ltd.; Grand Cayman, Cayman Islands
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Paul Smith
Conyers Dill & Pearman; Grand Cayman
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
Keep Calm and Carry On Investing
This panel will explore the decision of the U.K. to leave the European Union in June 2016 and its many far-reaching political implications for hedge funds and the private-equity industry, many of which are still generally unclear. The recent U.S. presidential elections also waged war on the private-equity industry, and on hedge funds in particular. The panel will look at how Brexit and the U.S. elections have impacted and continue to impact hedge funds and the private-equity industry, particularly in terms of managing, distributing and exiting funds. It will also examine what it means for the restructuring and winding-up of entities commonly used in the hedge fund and private-equity industry generally and those sectors that are most likely to be impacted, with a particular focus on the Cayman Islands, Ireland and the U.S.
Wayne P. Weitz, Moderator
EisnerAmper LLP; New York
Rebecca Hume
Kobre & Kim LLP; Camana Bay, Grand Cayman, Cayman Islands
Michael Pearson
Fund Fiduciary Partners Ltd.; George Town, Grand Cayman, Cayman Islands
Derbhil O’Riordan
Dillon Eustace; George Town, Grand Cayman, Cayman Islands
In This Corner, Arbitration; in the Other, Bankruptcy: Welcome to the Main Event!
This panel will discuss the interplay of arbitration clauses in a liquidation scenario, including what it can mean when a party decides to argue a dispute subject to an arbitration clause and seeks to wind up the company, or when a potential claim within an estate is subject to an arbitration clause.
Kenneth M. Krys, Moderator
KRyS Global; Grand Cayman, Cayman Islands
Katherine R. Catanese
Foley & Lardner LLP; New York
Leah M. Eisenberg
Arent Fox LLP; New York
Caroline Moran
Maples and Calder; George Town, Grand Cayman, Cayman Islands
Andrew Thorp
Harneys; Road Town, Tortola, British Virgin Islands
12:00 p.m.
Ajourn
Conference Chairs
Rudy J. Cerone, Co-Chair
McGlinchey Stafford PLLC; New Orleans, LA
Mariaelena Gayo-Guitian, Co-Chair
Genovese Joblove & Battista, P.A.; Fort Lauderdale, Fla.
Hon. Robert A. Mark, Judicial Chair (Miami)
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester, Judicial Chair (Caribbean)
U.S. Bankruptcy Court (D. P.R.); San Juan
Advisory Board
Joaquin J. Alemany
Holland & Knight LLP; Miami
Leyza F. Blanco
GrayRobinson, P.A.; Miami
C. R. “Chip” Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Katherine R Catanese
Foley & Lardner LLP; New York
Sonia Colon
Ferraiuoli LLC; Orlando, Fla.
Carmen D. Conde Torres
C. Conde & Associates; San Juan
Melissa Davis
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Prof. Andrew B. Dawson
University of Miami School of Law; Miami
James Fox
GlassRatner Advisory & Capital Group LLC; New York
Gregory S. Grossman
Astigarraga Davis Mullins & Grossman, PA; Miami
Laura Hatfield
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Rebecca Hume
Kobre & Kim LLP; Cayman Islands
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Kenneth M. Krys
KRyS Global; George Town, Grand Cayman, Cayman Islands
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Edguardo Mangual-Gonzalez
EMG Dispacho Legal; San Juan
Isaac M. Marcushamer
Berger Singerman LLP; Miami
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Jennifer M. Meyerowitz
GCG
Francis C. Morrissey
Morrissey, Wilson & Zafiropoulos, LLP; Boston
Charles A. Postler
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, NC
Wayne P. Weitz
EisnerAmper LLP; New York
Conference Information
Hotel
Fronting Grand Cayman’s famous Seven Mile Beach, the recently renovated Westin Grand Cayman Seven Mile Beach Resort & Spa is in the heart of Grand Cayman, with easy access to Grand Cayman’s best attractions, including scuba diving, shopping and golf.
ABI has arranged for a special conference rate of $399 single/double. To secure this special rate, reservations must be made by January 9, 2017. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (345) 945-3800 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.
Travel
The Westin Grand Cayman Seven Mile Beach Resort & Spa is conveniently located only 10 minutes from Grand Cayman’s International Airport, a short flight from Miami International Airport. U.S. travelers will be required to have a current passport to travel to the island.
Continuing Education Credit
8.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 10.5 hours of general CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 8.75 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 10.5 credit hours. 10.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800.
ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee. For information on tuition assistance, send an e-mail to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 19, 2017. No refunds will be made if notice is received after January 19, although substitutions will be allowed. After January 19, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
HURRICANE SPONSORS
AlixPartners
EisnerAmper LLP; New York
Genovese Joblove & Battista, PA
GrayRobinson, PA
Proskauer
Solomon Harris
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
TRADEWIND SPONSORS
BakerHostetler
Bingham Greenebaum Doll LLP
Harneys
Kobre & Kim LLP
McGlinchey Stafford, PLLC
McGuireWoods
Moore & Van Allen PLLC
Stichter, Riedel, Bain & Prosser, P.A.
BAHAMA BREEZE SPONSORS
Astigarraga Davis Mullins & Grossman, PA
Arent Fox
Berger Singerman
C. Conde & Associates
Dillon Eustace
DLA Piper LLP
Ferraiuoli LLC
Foley & Lardner LLP
FTI Consulting
Garden City Group
GCG
GlassRatner Advisory & Capital Group LLC
Holland & Knight
KapilaMukamal LLP
KRyS Global
Markowitz Ringel Trusty & Hartog
Rates
Registration Rates* | Early Bird (postmarked by 11/18/16) |
Regular (11/19/16-1/13/17) |
Late (after 1/13/17) |
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ABI Member
|
$395
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$445
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$495
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New ABI Member*
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$670
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$720
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$770
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ABI Govt./Aca. Member
|
$245
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$295
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$345
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New ABI Govt./Aca. Member*
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$340
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$390
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$440
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*Includes a one-year membership for first-time members only — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.