Friday, October 9
7:30-8:15 a.m.
Registration and Continental Breakfast
Sponsored by Whiteford Taylor & Preston, LLP
8:15-8:30 a.m.
Welcome Remarks
David R. Kuney, Program Chair
Whiteford Taylor & Preston, LLP; Washington, D.C.
Lawrence J. Center, Assistant Dean
Georgetown Law CLE; Washington, D.C.
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:15 a.m.
Opening Keynote
Review of the Supreme Court Term, 2014-15
Prof. Kenneth N. Klee
University of California at Los Angeles School of Law; Los Angeles
9:15-10:15 a.m.
Confirmation Roundtable
Effect of the ABI Commission: Elimination of one impaired class. Continued debate over PSAs and RSAs.
Does the ABI Commission's recommendation to eliminate one impaired class voting appropriately end gamesmanship and litigation? Continued debate over PSAs and RSAs.
Jay M. Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Stuart Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. James L. Garrity
U.S. Bankruptcy Court (S.D.N.Y.)
James M. Peck, Facilitator
Morrison & Foerster LLP; New York
10:15-10:30 a.m.
Refreshment Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
10:30-11:30 a.m.
Retail Bankruptcy: Executory Contracts and Leases
News from Radio Shack. Effect of the ABI Commission recommendations on retail cases. Sales free and clear of leaseholds: The conflict between §§ 363(f) and 365(h); In re Revel Casino.
David L. Pollack, Moderator
Ballard Spahr LLP; Philadelphia
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.)
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.)
Mark D. Collins, Facilitator
Richards, Layton & Finger, PA; Wilmington, Del.
11:30 a.m.-12:30 p.m.
Sales Panel
Even though the Commission recommended no curtailing of credit-bidding rights, challenges continue. More on GM: Can an order really be free and clear of successor liability, and what is successor liability, anyway?
Marc Abrams, Moderator
Willkie Farr & Gallagher LLP; New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.)
Prof. Michelle M. Harner
University of Maryland School of Law; Baltimore
Jessica C.K. Boelter, Facilitator
Sidley Austin LLP; Chicago
12:30-1:50 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
(Be sure to select your topic on the CLE Checklist.)
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 judges and speakers.
2:00-3:00 p.m.
Health Care and Nonprofit Cases
This panel will discuss elected issues in health care and non-profit cases, including Medicare issues; confirmation issues including feasibility and application of the best interest test and absolute priority rule in non-profit cases; director and officer liability issues; and conflicts between state law and the Bankruptcy Code.
Melanie L. Cyganowski, Moderator
Otterbourg P.C.; New York
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y)
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y)
Hon. Nancy Hershey Lord
U.S. Bankruptcy Court (E.D.N.Y)
Hon. Robert G. Mayer
U.S. Bankruptcy Court (D. Va.)
Irving E. Walker, Facilitator
Cole Schotz P.C.; Baltimore
3:00-4:00 p.m.
Issues Affecting Private-Equity and Hedge Funds
This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.
Gary T. Holtzer, Moderator
Weil, Gotshal & Manges LLP; New York
Hon. Christopher M. Klein
U.S. Bankruptcy Court (E.D. Calif.)
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.)
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Michael L. Bernstein, Facilitator
Arnold & Porter LLP; Washington, D.C.
4:00-4:15 p.m.
Refreshment Break
Sponsored by BakerHostetler
4:15-5:15 p.m.
Ethics: The Ever-Changing Landscape
This panel will address issues concerning confidentiality and privileged information, fees, candor in dealings with the court, fairness to opposing counsel, and more, with reference to various Rules of Professional Conduct, including RPCs 1.5, 1.6, 3.3, 3.4 and 8.4.
Richard M. Meth, Moderator
Fox Rothschild LLP; Roseland, N.J.
Hon. Rosemary Gambardella
U.S. Bankruptcy Court (D.N.J.)
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.)
Hon. S. Martin Teel
U.S. Bankruptcy Court (District of Columbia)
Donald A. Workman, Facilitator
BakerHostetler; Washington, D.C.
5:15-6:15 p.m.
Cocktail Reception
Sponsored by Development Specialists, Inc.
Program Chair
David R. Kuney
Whiteford Taylor & Preston, LLP; Washington, D.C.
Advisory Board
Marc Abrams
Willkie Farr & Gallagher LLP; New York
Michael L. Bernstein
Arnold & Porter LLP; Washington, D.C.
Martin J. Bienenstock
Proskauer; New York
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Melanie L. Cyganowski
Otterbourg P.C.; New York
Edward C. Dolan
Hogan Lovells US LLP; Washington, D.C.
Mary Joanne Dowd
Arent Fox LLP; Washington, D.C.
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Peter 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.
Lindsee P. Granfield
Cleary Gottlieb Steen & Hamilton LLP; New York
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Richard M. Kremen
DLA Piper; Baltimore
Michael R. Lastowski
Duane Morris LLP; Wilmington, Del.
Jeffrey A. Liesemer
Caplin & Drysdale, Chtd.; Washington, D.C.
Richard M. Meth
Fox Rothschild LLP; Roseland, N.J.
Paul M. Nussbaum
Whiteford Taylor & Preston, LLP; Baltimore
Deryck A. Palmer
Pillsbury Winthrop Shaw Pittman LLP; New York
Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
David L. Pollack
Ballard Spahr LLP; Philadelphia
Jeffrey S. Sabin
Venable LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Jeffrey L. Tarkenton
Womble Carlyle Sandridge & Rice, LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Donald A. Workman
BakerHostetler; Washington, D.C.
Conference Information
Hotel Reservations
A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 8-9, 2015 and will be honored until Thursday, September 10, 2015. These rooms will be held as a block, unless exhausted, until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy 2015: Views from the Bench/Georgetown CLE" room block 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: $229 (single and double), $254 (triple), $279 (quadruple)
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 18, 2015, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., NW, 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 18, 2015. No refunds will be made if notice is received after September 18, although substitutions will be allowed. After September 18, 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.
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), including 1 ethics credit, and 7.2 CLE credits (based on a 50-minute hour), including 1.2 ethics credits. 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
7 CPE credit hours is available, including 6 in Specialized Knowledge and Applications, including 1 credit hours in Ethics-Behavioral, are also available. 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 advance preparation required.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001
IMPORTANT: There is currently construction underway on 2nd Street NW (the west side of the Law Center campus), so we ask that you please enter McDonough through the second floor entrance facing New Jersey Avenue. All visitors are required to sign in with the Department of Public Safety; an officer will be stationed at the desk adjacent to the door. All other external doors to the building will be locked. Visitors who require an entrance without stairs may use the F Street entrance (facing the quad with the clock tower). To the right of this entrance there is a yellow emergency box – push the red button and let the public safety officer know that you are attending the Bankruptcy 2015: Views from the Bench conference.
Maps and directions are available on our website: Georgetown Law maps and directions.
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
Colonial Parking Garage
500 New Jersey Avenue, NW, Washington, DC 20001
Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000
Event Sponsors
BakerHostetler
Development Specialists, Inc.
McGuireWoods LLP
Pachulski Stang Ziehl & Jones LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Whiteford Taylor & Preston, LLP
Rates
| Registration Rates | Early Bird (postmarked by 7/17/15) |
Regular (7/18/15-9/11/15) |
Late (after 9/11/15) |
|
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ABI Member
|
$545
|
$595
|
$645
|
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Georgetown Law Alumnus
|
$545
|
$595
|
$645
|
|
ABI Govt./Academic Member
|
$295
|
$345
|
$395
|
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New ABI Member*
|
$820
|
$870
|
$920
|
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Govt./Academic New ABI Member*
|
$390
|
$440
|
$490
|
* Includes a one-year ABI membership for first-time members — a $295 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.