Tuesday, October 17
7:30-8:15 a.m.
Registration and Continental Breakfast
8:15-8:30 a.m.
Welcome Remarks
David R. Kuney, Program Chair
Whiteford Taylor Preston, LLP; Washington, D.C.
Jill Castleman, Executive Director of Academic Conferences and Continuing Legal Education
Georgetown Law CLE; Washington, D.C.
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:30 a.m.
Confirmation Roundtable
This session will cover a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).
Jay M. Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Mary Joanne Dowd, Facilitator
Arent Fox LLP; Washington, D.C.
9:30-10:30 a.m.
The Future of Retail Bankruptcies
An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords? Can brick-and-mortar stores cement their positions and stem the tide of bankruptcies? Will the Aeropostale paradigm of landlord investment become more common? Will factors and other lenders be caught in the downward spiral? Will there be recoveries for the unsecured creditors in cash or equity? Can Black Friday sales save retail? This panel discussion will cover a wide spectrum of legal and practical insights into each of these topics.
David L. Pollack, Moderator
Ballard Spahr LLP; Philadelphia
Hon. Clifton R. Jessup, Jr.
U.S. Bankruptcy Court (N.D. Ala.); Decatur
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Wendelin I. Lipp
U.S. Bankruptcy Court (D. Md.); Greenbelt
Melanie L. Cyganowski, Facilitator
Otterbourg P.C.; New York
10:30-10:45 a.m.
Networking Break
Sponsored by BakerHostetler
10:45-11:45 a.m.
Dealing with Directors and Officers
In many bankruptcy cases, unhappy creditors look for someone to blame — and for a source of recovery when the debtors’ assets are not sufficient. Claims against directors and officers — often alleging conflicts of interest or second-guessing business judgments — can serve both purposes, and the existence of insurance coverage makes these claims even more attractive. This panel will discuss D&O claims from both the estates' and defendants’ perspectives, and will review recent case law you need to know about if you are involved in a D&O litigation.
Michael L. Bernstein, Moderator
Arnold & Porter LLP; Washington, D.C.
Hon. Kevin Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. S. Martin Teel, Jr.
U.S. Bankruptcy Court (D. D.C.); Washington, D.C.
Dion Hayes, Facilitator
McGuire Woods LLP; Richmond
11:45 a.m.-1:00 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
A facilitator will lead additional discussions from the three morning panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judicial faculty.
1:00-2:00 p.m.
Great Debates
Craig Goldblatt, Moderator
WilmerHale; Washington, D.C.
Resolved: Third party releases should never be permitted.
Pro: Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Resolved: Jevic does not apply to gifting.
Pro: Norman N. Kinel
Squire Patton Boggs; New York
Con: Nan Eitel
Executive Office of the U.S. Trustee; Washington, D.C.
2:00-3:00 p.m.
Special Issues Involving LLC
This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.
Martin J. Bienenstock, Moderator
Proskauer; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Rosemary Gambardella
U.S. Bankruptcy Court (D. N.J.); Newark, N.J.
Hon. Michelle Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Texas); Houston
Cecily A. Dumas, Facilitator
Pillsbury Winthrop Shaw Pittman LLP; San Francisco
3:00-3:30 p.m.
Networking Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
3:30-4:30 p.m.
Tech Tock, Tech Tock: New Technologies and the Countdown to Your Ethical Demise
Social media and other new technologies are part of the legal landscape, and it’s all charging forward — but the ethics rules are struggling to keep up. Sure, there are obvious concerns that everyone is talking about (like confidentiality (Rule 1.1)), but there are hidden hazards that few people consider (trial publicity (Rule 3.6) concerns — really?). Join “the CLE Performer” Stuart Teicher and legal ethics counsel Erika Stillabower as they discuss ethics opinions from across the country, and their impact on Rules 1.3 (diligence) and 7.2 (advertising), in a substantive-but-amusing manner.
Erika Stillabower
The District of Columbia Bar; Washington, D.C.
Stuart I. Teicher
Georgetown University Law Center; Washington, D.C.
4:30-5:30 p.m.
Cocktail Reception
To view the full program brochure, click here
Conference Information
Hotel Reservations
A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 16-17, 2017, and will be honored until Monday, September 18, 2017. These rooms will be held as a blockon a first-come, first-served basis until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy: Views from the Bench/Georgetown CLE or click here to receive the room rate below
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue, NW
Washington, DC 20001
(202) 737-1234
(800) 233-1234
washingtonregency.hyatt.com
Room Rate: $285 per night
The hotel is approximately two blocks from the Law Center.
Disclaimer
Speakers are subject to change.
Services for People with Special Needs or Dietary Restrictions
Call (202) 662-9890 or email [email protected] with your requests.
Scholarships
Please apply online at www.georgetowncle.org, or submit written requests by 5:00 p.m. on September 26, 2017, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., N.W., Washington, DC 20001, or fax to (202) 662-9891.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by September 26, 2017. No refunds will be made if notice is received after September 16, although substitutions will be allowed. After September 26, upon written request, a coupon for 20% off the registration fee 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.
CLE Credit
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute hour) and 7.2 CLE credits (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
CPE Credit
Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.
Course Level
Overview, group live, no prerequisites or advanced preparation required; Up to 7.0 CPE credits, including credits in Specialized Knowledge and Regulatory Ethics.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001
IMPORTANT: All visitors to the Law Center must enter through the second floor entrance facing New Jersey Avenue.
Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441
Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000
Program Chair
David R. Kuney
Whiteford Taylor Preston, LLP; Washington, D.C.
Advisory Board |
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Derek Abbott Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del. Marc Abrams Willkie Farr & Gallagher LLP; New York Michael L. Bernstein Arnold & Porter LLP; Washington, D.C. Martin J. Bienenstock Proskauer; New York Mark D. Collins Richards, Layton & Finger, PA; Wilmington, Del. Melanie L. Cyganowski Otterbourg P.C.; New York Mary Joanne Dowd Arent Fox LLP; Washington, D.C. Cecily A. Dumas Pillsbury Winthrop Shaw Pittman LLP; New York Douglas M. Foley McGuireWoods LLP; Washington, D.C. Peter M. Friedman O’Melveny & Myers LLP; Washington, D.C. Karen A. Giannelli Gibbons P.C.; Newark, N.J. Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP; New York Kristin K. Going Drinker Biddle & Reath LLP; Washington, D.C. Craig Goldblatt WilmerHale; Washington, D.C. Jason W. Harbour Hunton & Williams LLP; Richmond, Va. Gary T. Holtzer Weil, Gotshal & Manges LLP; New York Thomas M. Horan Shaw Fishman Glantz & Towbin LLC; Wilmington, Del. |
Laura Davis Jones Pachulski Stang Ziehl & Jones LLP; Wilmington, Del. Humayun Khalid Cleary Gottlieb Steen & Hamilton LLP; New York Norman N. Kinel Squire Patton Boggs; New York Kevin Kobbe DLA Piper; Baltimore Jeffrey A. Liesemer Caplin & Drysdale, Chtd.; Washington, D.C. Brett H. MIller Morrison & Foerster LLP; New York Richard M. Meth Fox Rothschild LLP; Roseland, N.J. Erika L. Morabito Foley & Lardner LLP; Washington, D.C. Paul M. Nussbaum Whiteford Taylor Preston, LLP; Baltimore Cecily A. Dumas Pillsbury Winthrop Shaw Pittman LLP; New York David L. Pollack Ballard Spahr LLP; Philadelphia Jeffrey S. Sabin Venable LLP; New York Michael B. Schaedle Blank Rome LLP; Philadelphia Jeffery L. Tarkenton Womble Carlyle Sandridge & Rice, LLP; Washington, D.C. Irving E. Walker Cole Schotz P.C.; Baltimore Stephanie Wickouski Bryan Cave; New York Donald A. Workman BakerHostetler; Washington, D.C. |
Registration Rates
Registration Rates* | Early (postmarked by 7/21/17) |
Regular (7/22/17- 9/15/17) |
Late (after 9/15/17) |
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ABI Member
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$545
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$595
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$645
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Georgetown Law Alumnus
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$545
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$595
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$645
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ABI Govt./Academic Member
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$295
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$345
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$395
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New ABI Member*
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$840
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$890
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$940
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Govt./Academic New ABI Member*
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$390
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$440
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$490
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* Includes a one-year ABI membership for first-time members — a $325 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.
Sponsors
Luncheon Sponsor
Pachulski Stang Ziehl & Jones LLP
E-Newsletter Sponsor
Gavin / Solomonese LLC
Morning Break Sponsor
BakerHostetler
Afternoon Break Sponsor
Skadden, Arps, Slate, Meagher & Flom LLP
General Conference Sponsor
McGuireWoods LLP
Attendee Tote Bag Sponsor
Wilmington Trust