Tuesday, March 21
8:00-9:00 a.m.
Breakfast and Registration
The Advisory Board welcomes you to a complimentary continental breakfast.
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
“Shark Tank”
In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and other topical bankruptcy issues, including (1) structured settlements and the absolute priority rule in the wake of In re Jevic Holding Corp. (cert. granted), (2) the Fair Debt Collections Practices Act controversy from Johnson v. Midland Funding (cert. granted), (3) the circuit split regarding § 546(e)’s safe harbor clause, (4) the recent Ninth Circuit ruling in Sunnyslope Housing and (5) why the Southern District of Texas got it right in large chapter 11 cases.
Judges:
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Hon. Mark D. Houle
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Hon. Deborah J. Saltzman
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Hon. Scott H. Yun
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Panelists:
Brian K. Osborne, Moderator
Rust Omni; Woodland Hills
Dawn M. Cica
Black & Lobello; Las Vegas
Robert J. Feinstein
Pachulski Stang Ziehl & Jones LLP; New York
Whitman L. Holt
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Frank A. Merola
Stroock & Stroock & Lavan LLP; Los Angeles
Richard L. Wynne
Jones Day; Los Angeles
10:30-10:45 a.m.
Coffee Break
Sponsored by Deloitte
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
Appealing Positions: Everything You Need to Know about Appeals
This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.
Robyn B. Sokol, Moderator
Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills
Hon. Meredith A. Jury
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Hon. Beverly Reid O’Connell
U.S. District Court (C.D. Cal.); Los Angeles
David B. Shemano
Robins Kaplan LLP; Los Angeles
Pension, Retirement Issues in Bankruptcy
This panel will explore the myriad issues that arise in chapter 7 and 11 cases when the debtor is the sponsor of an employee retirement benefit plan, including 401(k) plans and pension plans.
Kyra Andrassy, Moderator
Smiley Wang-Ekvall, LLP; Costa Mesa
Harley L. Bjelland
The ERISA Law Firm; Orange
Jeffrey B. Ellman
Jones Day, Atlanta
Brad Smith
GlassRatner Advisory & Capital Group LLC; Los Angeles
12:00-1:15 p.m.
Luncheon Presentation
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP
The End of Bankruptcy, Revisited
Prof. Robert K. Rasmussen
University of Southern California Gould School of Law; Los Angeles
1:30-2:45 p.m.
Concurrent Sessions (2)
Litigation Toward Settlement: Questions and Strategies in Bankruptcy Litigation
Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives. Consequently, in most cases litigation must be viewed as a business decision. This panel will discuss these important issues and take the audience down the litigation and settlement road: (1) pre-filing the complaint; (2) early disclosures to opponents; (3) early motions; (4) discovery and discovery disputes; (5) pre-trial motions (e.g., motions for summary judgment); and finally (6) trial. The tactics and strategies often used during these steps to promote or advance settlements that best favor clients will also be addressed.
A. Kyle Everett, Moderator
Development Specialists, Inc.; San Francisco
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill, L.L.P.; Los Angeles
Joshua Teeple
Grobstein Teeple LLP; Irvine
A Penny for Your Thoughts: Insights into the Professional Retention and Compensation Process
This is a subject none of us can afford to ignore: the ins and outs of being retained and paid by the bankruptcy estate. Panelists will discuss recent issues and developments in the area of professional retention and compensation, including a look at the U.S. Trustee Guidelines in practice, recent conflict-of-interest decisions and thoughts on best practices.
Richard H. Golubow, Moderator
Winthrop Couchot PC; Newport Beach
Michael J. Bujold
Office of the U.S. Trustee; Washington, D.C.
Hon. Sandra Ruth Klein
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Prof. Nancy B. Rapoport
William S. Boyd School of Law, University of Nevada, Las Vegas; Las Vegas
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
2:45-3:00 p.m.
Refreshment Break
3:00-4:15 p.m.
Ethics: Who’s Your Daddy? Acing Your Fiduciary Duties
It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.
Tiffany Ikeda, Moderator
Arnold & Porter Kaye Scholer LLP; Los Angeles
Hon. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
William P. Weintraub
Goodwin Procter LLP; New York
4:15-5:45 p.m.
Reception
Sponsored by Greenberg Glusker Fields Clamant & Matchtinger LLP
Conference Co-Chairs
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Randye B. Soref
Polsinelli LLP; Los Angeles
Judicial Chair
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Advisory Board
Kyra E. Andrassy
Smiley Wang-Ekvall; Costa Mesa
Lorie A. Ball
Robins Kaplan LLP; Los Angeles
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Erin N. Brady
Jones Day; Los Angeles
Richard W. Brunette
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Christopher Celentino
Ballard Spahr LLP; San Diego
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
Shirley S. Cho
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Dawn M. Cica
Black & Lobello, Las Vegas
A. Kyle Everett
Development Specialists, Inc.; San Francisco
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Richard H. Golubow
Winthrop Couchot PC; Newport Beach
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill, L.L.P.; Los Angeles
Michael I. Gottfried
Landau Gottfried & Berger LLP; Los Angeles
David M. Guess
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Seth Goldman
Munger, Tolles & Olson LLP; Los Angeles
Tiffany Ikeda
Arnold & Porter LLP; Los Angeles
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Thomas R. Kreller
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Winston Mar
SierraConstellation Partners LLC; Los Angeles
Byron Z. Moldo
Ervin, Cohen & Jessup LLP; Beverly Hills
Aram Ordubegian
Arent Fox LLP; Los Angeles
Brian K. Osborne
Rust Omni; Woodland Hills
Mitchell Ryan
Donlin, Recano & Company, Inc.; Orange
Victor A. Sahn
SulmeyerKupetz, APC; Los Angeles
Timothy G. Skillman
Deloitte CRG; Los Angeles
Robyn B. Sokol
Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills
Allen Soong
Armory Strategic Partners; Manhattan Beach
Christopher D. Sullivan
Diamond McCarthy LLP; San Francisco
Joshua Teeple
Grobstein Teeple LLP; Irvine
Suzzanne Uhland
O'Melveny & Myers LLP; San Francisco
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
Conference Information
Hotel
The conference will be held at the JW Marriott LA LIVE, 900 West Olympic Boulevard, Los Angeles, CA 90015. Reservations may be made by contacting the hotel directly at (213) 765-8600.
Continuing Education Credit
6.25 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of CLE credit, including 3 hours of ethics, 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 6.25 hours, of which 2.5 hours will apply to ethics. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 hours, of which 3 hours can be applied toward professional practice. 7.5 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. 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 written notice of cancellation is received by February 28, 2017. No refunds will be granted after February 28, but substitutions will be allowed. After February 28, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Breakfast Sponsor
2017 Bankruptcy Battleground West Advisory Board
Lunch Co-Sponsor
Loeb & Loeb LLP
Pachulski Stang Ziehl & Jones LLP
General Sponsors
Deloitte
Development Specialists, Inc.
FTI Consulting, Inc.
Greenberg Glusker Fields Claman & Machtinger LLP
Grobstein Teeple LLP
Loeb & Loeb LLP
Robins Kaplan LLP
Shumaker, Loop & Kendrick, LLP
2017 Bankruptcy Battleground West Rates
Registration Rates |
Early |
Regular |
Late |
|
|||
ABI Member | $445 | $495 | $545 |
Gov’t./Aca./Nonprofit ABI Member |
$225 | $275 | $325 |
New ABI Member* | $720 | $770 | $820 |
Gov’t./Aca./Nonprofit New ABI Member* |
$320 | $370 | $420 |
* Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.