Event Information 249559

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