Thursday, January 25
10:00-11:45 a.m.
IWIRC Program (separate registration)
IWIRC Program |
Interrupting Unconscious Bias
Unconscious bias is pervasive and its impact devastating to the legal industry’s decades-long efforts to advance diversity. Gender bias is a particularly vexing issue in the legal profession, with female lawyers, as a group, lagging behind men in every area. Awareness of implicit bias is not enough to dismantle the hidden barriers that disrupt the career paths of many attorneys in underrepresented groups, including women. Research shows that behavioral and structural changes are critical to interrupting these hidden barriers. Attend this interactive session to learn about the current research on the business benefits of gender diversity, how stereotypes hurt both men and women, and practical ways to interrupt bias – personally and at an organizational level. Participants will also engage with peers to discuss and create action lists for fighting bias.
Kathleen Nalty
Kathleen Nalty Consulting, LLC; Denver
Marsha M. Piccone
Rollin Braswell Fisher LLC; Greenwood Village, Colo.
11:00 a.m.
ABI Registration Desk and Exhibit Hall Open
Noon-12:30 p.m.
Lunch
12:30-12:45 p.m.
Welcoming Remarks
12:45-1:45 p.m.
Luncheon Keynote
Twice Told Tales: Reexamining Past Precedents
Annette Jarvis
Dorsey & Whitney LLP; Salt Lake City
1:45-3:00 p.m.
Concurrent Sessions (3)
Rounding Up the Unusual Suspects: Bankruptcy for Nontraditional Debtor Entities
This panel will cover unique bankruptcy issues affecting unincorporated debtors, including general and limited partnerships, limited liability companies and trusts. Beginning with issues of eligibility and authorization to file a petition, the panelists will cover questions that arise throughout the life of a bankruptcy case, including executory contracts, fiduciary-duty disputes, sales and pledges of ownership interests, and control over these noncorporate entities.
Eric E. Johnson, Moderator
Sherman & Howard, LLC; Denver
Mona Burton
Holland & Hart LLP; Salt Lake City
Jeffrey M. Reisner
Irell & Manella LLP; Newport Beach, Calif.
Mark A. Shaiken
Stinson Leonard Street LLP; Denver
Real Estate Bankruptcy Issues
Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.
David T. Brennan, Moderator
Otten Johnson Robinson Neff + Ragonetti PC; Denver
Matthew Bordwin
Keen-Summit Capital Partners LLC; Melville, N.Y.
Jason S. Brookner
Gray Reed & McGraw LLP; Dallas
Caroline C. Fuller
Fairfield and Woods P.C.; Denver
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
Barring Unknown and Unknowable Claims: The Search for the Holy Grail
This panel will explore the impact of unknown (or unknowable) claims and best practices for attempting to bar such claims through a chapter 11 plan or § 363 sale. The panelists will address cases involving product liability (including the recent GM case), environmental claims, and other situations where due-process concerns could limit the ability to bar such claims.
Bruce H. White, Moderator
Parsons Behle & Latimer; Salt Lake City
Patrick L. Hughes
Haynes and Boone, LLP; Denver
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
Steven C. Strong
Cohne Kinghorn, P.C.; Salt Lake City
Natasha Tsiouris
Davis Polk & Wardwell LLP; New York
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions (3)
Unlike Death and Taxes: A Review of Important Recent Cases and Trends
Join this panel of experts from across the country as they discuss and analyze the latest issues and recent important bankruptcy and insolvency decisions from the Supreme Court, circuit courts of appeals and lower courts, and what issues could soon be addressed by the appellate courts.
Kenneth L. Cannon II, Moderator
Durham Jones & Pinegar; Salt Lake City
Leslie A. Berkoff
Moritt Hock & Hamroff LLP; Garden City, N.Y.
Ronald R. Peterson
Jenner & Block; Chicago
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Health Care and Nonprofits in Crisis: Is Bankruptcy the Cure? How to Properly Diagnose and Treat Troubled Health Care Businesses and Nonprofits
This roundtable of experts will explore the unique aspects of health care and nonprofit bankruptcy cases, including, but not limited to, the reasons for the significant increase in health care bankruptcy filings, jurisdictional issues, regulatory approval requirements, and patient care ombudsman and HIPAA considerations, as well as criminal forfeiture and false-claim litigation while in bankruptcy.
Chad S. Caby, Moderator
Lewis Roca Rothgerber Christie LLP; Denver
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
Bradley T. Hunsicker
Markus Williams Young & Zimmermann LLC; Cheyenne, Wyo.
Michael Thomson
Dorsey & Whitney LLP; Salt Lake City
Hon. Kimberley H. Tyson
U.S. Bankruptcy Court (D. Colo.); Denver
Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More
Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.
Adelaide Maudsley, Moderator
Kirton McConkie PC; Salt Lake City
Laurie Cayton
Office of the U.S. Trustee; Salt Lake City
David E. Leta
Snell & Wilmer L.L.P.; Salt Lake City
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Michael J. Pankow
Brownstein Hyatt Farber Schreck, LLP; Denver
4:45-6:30 p.m.
Networking Reception
Friday, January 26
7:00 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
7:50 a.m.
Morning Announcements
8:00-8:55 a.m.
Judges’ Roundtable
Featuring the Judges of the 23rd Annual Rocky Mountain Bankruptcy Conference.
9:00-10:15 a.m.
Concurrent Sessions (3)
Consumer Workshop I: Litigation on a Budget
This panel will help sort through the following questions: What is needed to prove your facts? How do you find experts on the cheap? Is a deposition necessary? How many witnesses do I really need? How do I minimize the cost of discovery in a small case without jeopardizing my clients’ interests?
Stephen E. Berken, Moderator
Berken Cloyes, PC.; Denver
Britney Beall-Eder
Frascona, Joiner, Goodman and Greenstein, P.C.; Boulder, Colo.
Ken Buechler
Buechler & Garber, LLC; Denver
Jennifer K. Cruseturner
Office of Standing Chapter 13 Trustee Adam Goodman; Denver
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo.); Denver
David Wadsworth
Wadsworth Warner Conrardy, P.C.; Denver
Update on Avoidance Actions
Speakers and attendees will cover such topics as the 10-year look-back period, valuation of a constructive fraudulent transfer, objective vs. subjective valuation, the § 546(e) defense and issues involving deposit accounts.
Sherilyn A. Olsen, Moderator
Holland & Hart LLP; Salt Lake City
Hon. Elizabeth E. Brown
U.S. Bankruptcy Court (D. Colo.); Denver
Andrew W. Caine
Pachulski Stang Ziehl & Jones; Los Angeles
Adam L. Hirsch
Kutak Rock LLP; Denver
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Repeat Concurrent Session
Rounding Up the Unusual Suspects: Bankruptcy for Nontraditional Debtor Entities
10:15-10:45 a.m.
Coffee Break
10:45 a.m.-12:00 noon
Concurrent Sessions (3)
Consumer Workshop II: Ethics and Avoiding Malpractice
This panel will help you sort through the following questions: How do you avoid missing deadlines in a fast-paced practice? How do you avoid ethical issues when advising clients and preparing witnesses? What are the requirements for and limitations on fee agreements? How do you deal with incomplete or factually inaccurate statements by your client?
David M. Rich, Moderator
Minor & Brown PC; Denver
Hon Kevin R. Anderson
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Kenneth J. Buechler
Buechler & Garber LLC; Denver
Jenny M.F. Fujii
KutnerBrinen, P.C.; Denver
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Repeat Concurrent Sessions
Real Estate Bankruptcy Issues
Unlike Death and Taxes: A Review of Important Recent Cases and Trends
12:00-12:30 p.m.
Lunch
12:30-1:30 p.m.
Luncheon Keynote
Bankruptcy Law Is Too Difficult for Article III Judges
William J. Rochelle, III
American Bankruptcy Institute; New York
1:45-3:00 p.m.
Concurrent Sessions (3)
Consumer Workshop III: Practicing with the New Chapter 13 Form and Rule Changes
This panel will help sort through the following questions: What districts are adopting the model chapter 13 plan? What changes are being made to current form plans to conform to the requirements of the model form? How will the shortened deadline for filing proofs of claim affect chapter 13 administration? How will the new rules promulgated by the CFPB affect mortgage lenders and consumers?
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Matthew W. Hoelscher
Douglas B. Kiel, Standing Chapter 13 Trustee; Westminster, Colo.
Hon. Cathleen D Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Repeat Concurrent Sessions
Health Care and Nonprofits in Crisis: Is Bankruptcy the Cure? How to Properly Diagnose and Treat Troubled Health Care Businesses and Nonprofits
Barring Unknown and Unknowable Claims: The Search for the Holy Grail
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Repeat Concurrent Sessions (2)
Update on Avoidance Actions
Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More
Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.
Adelaide Maudsley, Moderator
Kirton McConkie PC; Salt Lake City
David E. Leta
Snell & Wilmer L.L.P.; Salt Lake City
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Michael J. Pankow
Brownstein Hyatt Farber Schreck, LLP; Denver
4:45-6:30 p.m.
Networking Reception
Register for Consumer Program only
Friday, January 26
7:00 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
8:00-8:55 a.m.
Judges’ Roundtable
Featuring the Judges of the 23rd Annual Rocky Mountain Bankruptcy Conference.
9:00-10:15 a.m.
Concurrent Sessions
Litigation on a Budget
This panel will help sort through the following questions: What is needed to prove your facts? How do you find experts on the cheap? Is a deposition necessary? How many witnesses do I really need? How do I minimize the cost of discovery in a small case without jeopardizing my clients’ interests?
Stephen E. Berken, Moderator
Berken Cloyes, PC.; Denver
Britney Beall-Eder
Frascona, Joiner, Goodman and Greenstein, P.C.; Boulder, Colo.
Ken Buechler
Buechler & Garber, LLC; Denver
Jennifer K. Cruseturner
Office of Standing Chapter 13 Trustee Adam Goodman; Denver
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo.); Denver
David Wadsworth
Wadsworth Warner Conrardy, P.C.; Denver
10:15-10:45 a.m.
Coffee Break
10:45 a.m.-12:00 noon
Concurrent Sessions
Ethics and Avoiding Malpractice
This panel will help you sort through the following questions: How do you avoid missing deadlines in a fast-paced practice? How do you avoid ethical issues when advising clients and preparing witnesses? What are the requirements for and limitations on fee agreements? How do you deal with incomplete or factually inaccurate statements by your client?
David M. Rich, Moderator
Minor & Brown PC; Denver
Hon Kevin R. Anderson
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Kenneth J. Buechler
Buechler & Garber LLC; Denver
Jenny M.F. Fujii
KutnerBrinen, P.C.; Denver
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
12:00-12:30 p.m.
Lunch
12:30-1:30 p.m.
Luncheon Keynote
Bankruptcy Law Is Too Difficult for Article III Judges
William J. Rochelle, III
American Bankruptcy Institute; New York
1:45-3:00 p.m.
Concurrent Sessions
Practicing with the New Chapter 13 Form and Rule Changes
This panel will help sort through the following questions: What districts are adopting the model chapter 13 plan? What changes are being made to current form plans to conform to the requirements of the model form? How will the shortened deadline for filing proofs of claim affect chapter 13 administration? How will the new rules promulgated by the CFPB affect mortgage lenders and consumers?
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Matthew W. Hoelscher
Douglas B. Kiel, Standing Chapter 13 Trustee; Westminster, Colo.
Hon. Cathleen D Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More
Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.
Adelaide Maudsley, Moderator
Kirton McConkie PC; Salt Lake City
David E. Leta
Snell & Wilmer L.L.P.; Salt Lake City
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Michael J. Pankow
Brownstein Hyatt Farber Schreck, LLP; Denver
4:45-6:30 p.m.
Networking Reception
Conference Information
Hotel
An icon of sophistication housed inside a landmark 45-story tower, the Four Seasons Hotel Denver offers ultra-spacious guest rooms and suites. Inviting and residential in style, the hotel’s urban-chic design subtly reflects the natural beauty of Colorado, and its oversized windows offer thrilling downtown views and Rocky Mountain vistas.
A block of rooms is being held on a first-come, first-served basis. The special room rate is $259 per night; reservations must be made by December 23, 2017, to secure the special rate. Reservations may be made by calling the Four Seasons directly at (303) 389-3000 and asking to be placed in the specially rated ABI block. ABI cannot guarantee anyone a room after the block is filled.
IWIRC Program
The International Women’s Insolvency and Restructuring Confederation will hold its annual three-hour program prior to the start of the Rocky Mountain Bankruptcy Conference on Thursday, January 25. The cost is an additional $75; please mark the appropriate box on the registration form to attend.
Transportation
Denver International Airport (DEN) is a 30-minute cab ride to the Four Seasons Hotel Denver.
Conference Attire
Attire is business casual throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 4, 2018. No refunds will be granted after January 4, but substitutions will be allowed. After January 4, 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.
Continuing Education
Rocky Mountain Bankruptcy Conference: Approval for approximately 10.25 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 12.5 hours of CLE credit, including 1.5 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 by the State Bar of California in the amount of 10.25 hours, of which 1.5 hours will apply to legal ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 12.5 hours of CPE credit, including 1.5 hours of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8 hours of CLE credit, including 1.5 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 by the State Bar of California in the amount of 7 hours, including 1.5 hours of ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, including 1.5 hours of ethics. 8 hours of CPE credit, including 1.5 hours of ethics, 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 submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.
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].
2018 Rocky Mountain Bankruptcy Conference Chairs
Hon Kevin R. Anderson, Co-Judicial Chair
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Joseph G. Rosania, Co-Judicial Chair
U.S. Bankruptcy Court (D. Colo.); Denver
Gil A. Miller, Co-Chair
Rocky Mountain Advisory; Salt Lake City
John F. Young, Co-Chair
Markus Williams Young & Zimmermann LLC; Denver
Stephen E. Berken, Co-Chair, Consumer Bankruptcy Education
Berken Cloyes, PC.; Denver
Deanna L. Westfall, Co-Chair, Consumer Bankruptcy Education
Weinstein & Riley, P.S.; Broomfield, Colo.
2018 Rocky Mountain Bankruptcy Conference Advisory Board
Troy J. Aramburu, Sponsorship Coordinator
Snell & Wilmer L.L.P.; Salt Lake City
Michael R. Johnson, Sponsorship Coordinator
Ray Quinney & Nebeker; Salt Lake City
Christian Carl Onsager, Sponsorship Coordinator
Onsager | Fletcher | Johnson; Denver
David T. Brennan
Otten Johnson Robinson Neff + Ragonetti PC; Denver
Chad S. Caby
Lewis Roca Rothgerber Christie LLP; Denver
Kenneth L. Cannon II
Durham Jones & Pinegar; Salt Lake City
Caroline C. Fuller
Fairfield and Woods P.C.; Denver
Joshua M. Hantman
Brownstein Hyatt Farber Schreck, LLP; Denver
Theodore J. Hartl
Lindquist & Vennum LLP; Denver
George B. Hofmann
Cohne Kinghorn, P.C.; Salt Lake City
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Lon Jenkins
Chapter 13 Trustee; Salt Lake City
Eric E. Johnson
Sherman & Howard, LLC; Denver
Lee M. Kutner
KutnerBrinen, P.C.; Denver
Adelaide Maudsley
Kirton McConkie PC; Salt Lake City
Sherilyn A. Olsen
Holland & Hart LLP; Salt Lake City
Craig K. Schuenemann
Bryan Cave LLP; Denver
Timothy M. Swanson
Moye White LLP; Denver
Bruce H. White
Parsons Behle & Latimer; Salt Lake City
Double Black Diamond Sponsors
Durham Jones & Pinegar, P.C.
Kutak Rock LLP
KutnerBrinen, P.C.
Onsager | Fletcher | Johnson
Otten Johnson Robinson Neff + Ragonetti PC
Parsons Behle & Latimer
Rocky Mountain Advisory
Snell & Wilmer
Black Diamond Sponsors
Bryan Cave, LLP
Cordes & Company
Dorsey & Whitney LLP
Faculty of Federal Advocates
Holland & Hart LLP
Markus Williams Young & Zimmermann LLC
Ray Quinney & Nebeker P.C.
Blue Sponsors
Allen Vellone Wolf Helfrich & Factor P.C.
Buechler & Garber, LLC
Coan, Payton & Payne, LLC
Cohne Kinghorn, P.C.
Faegre Baker Daniels LLP
Lewis Roca Rothgerber Christie LLP
Moye White
S3 Advisory LLC
Spencer Fane LLP
Stinson Leonard Street LLP
Wadsworth Warner Conrardy, PC
Green Sponsors
r² advisors llc
Sherman & Howard, LLC
Weinstein & Riley, P.S.
Special Thanks
We extend our special thanks to Donlin, Recano & Company, Inc. for the conference app.
2018 Conference Rates
Advanced (postmarked by 11/17/17) |
Regular (11/18/17-1/5/18) |
Late (after 1/5/18) |
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Rocky Mountain Bankruptcy Conference | ||||
ABI Member |
$595
|
$650 |
$695
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Join and Save* |
$870
|
$945 |
$990
|
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Govt./Aca. ABI Member |
$345
|
$395 |
$445
|
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Govt./Aca. New ABI Member* |
$440
|
$490 |
$540
|
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Consumer Workshop ONLY Pricing (program only on 1/26/18) | ||||
ABI Member | $295 | $345 | $395 | |
Join and Save* | $390 | $440 | $490 | |
Optional Events | ||||
IWIRC Program Fee (includes lunch) |
$75
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Thursday Networking Reception |
Included
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Thursday Networking Reception Guest |
$40
|
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Friday Networking Reception |
Included
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Friday Networking Reception Guest |
$40
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*Includes a one-year ABI membership for first-time members only — a $325 value! Expired members should select the member rate and add in the membership renewal fee on this form. You must be an ABI member to attend the conference.