Wednesday, March 18
8:00-9:00 a.m.
Breakfast and Registration
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Plenary Session
The Great Divide: Overview of Circuit Splits on Current Issues
This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country, including debt recharacterization, equitable mootness, U.S. Trustee quarterly fees, In re Till, jurisdiction over claims/issues arising around the Social Security Act, and sufficiency of collateral descriptions in UCC-1 financing statements. Do you know where your circuit stands on these issues?
Hon. William J. Lafferty, III, Moderator
U.S. Bankruptcy Court (N.D. Cal.); Oakland
Amir Gamliel
Perkins Coie LLP; Los Angeles
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Kenneth P. Kansa
Sidley Austin LLP; Chicago
Jordana L. Renert
Arent Fox LLP; New York
10:30-10:45 a.m.
Break
Sponsored by Polsinelli
10:45 a.m.- 12:00 noon
Concurrent Sessions (2)
How State LLC and Partnership Acts May Limit the Estate’s Rights to Manage, Control and Sell
This panel will discuss the conflict between state LLC and partnership acts and the Bankruptcy Code, and how those state acts might impact the rights of the estate, including the right to manage and control LLCs and partnerships, and the right to sell interests in LLCs and partnerships. The panel will discuss the implications of court decisions treating LLC operating agreements and partnership agreements as executory contracts, and court decisions treating rights of first refusal, buyout rights and other ipso facto provisions (such as removal of the debtor as the manager upon bankruptcy) as enforceable in bankruptcy.
Hon. Deborah J. Saltzman, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Ted A. Dillman
Latham & Watkins; Los Angeles
David M. Guess
Greenberg Traurig, LLP; Irvine, Calif.
Roye Zur
Elkins Kalt Weintraub Reuben Gartside LLP; Los Angeles
Intellectual Property and the Entertainment Industry: Tempnology and Beyond
In Tempnology, the U.S. Supreme Court addressed the effect of a licensor rejecting a trademark license and held that the rejection of an executory contract does not constitute a rescission of the agreement. This panel will discuss the bases and rationales for the Court’s holding in Tempnology, the potential impact of the decision on the treatment of intellectual property, and other novel rejection, assumption, sale and assignment issues relating to entertainment assets in bankruptcy.
Paul R. Glassman, Moderator
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Brian L. Davidoff
Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles
Michael T. Delaney
Robins Kaplan LLP; Los Angeles
Joshua Pichinson
AgencyIP; Santa Clara
12:00-12:30 p.m.
Luncheon
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP
12:30-1:15 p.m.
Keynote Presentation
Recession in 2020
Will 2020 mark the end of the longest expansion in U.S. post-WWII history? What sectors will be hit the hardest? Will this be a mild recession? The data point to some answers from the Federal Reserve. They also give us solid clues as to the ultimate dislocation associated with U.S. foreign trade policy, particularly with respect to China.
Dr. Jerry Nickelsburg
UCLA Anderson School of Management; Los Angeles
1:30-2:45 p.m.
Concurrent Sessions (2)
Sales of Health Care Entities in Bankruptcy
The health care industry is financially challenged nationally, and California has had its fair share of health care industry bankruptcy cases in the past five years. Most of these cases result in a sale of all or substantially all assets under § 363. However, sales of health care industry assets raise many unique issues and complicate familiar issues. For example, half of the U.S.’s hospitals are nonprofit, and the intersection of the Bankruptcy Code’s rules for sales of nonprofit assets, California laws related to the sales of nonprofit health care entities, and the Bankruptcy Code and Bankruptcy Rules dealing with § 363 sales generally create a morass not found in the sales of other assets. What happens if the highest bid is not the “best” bid in terms of continuing a facility’s charitable mission? How does one evaluate the best bid when comparing bids that may have very different uses for the facility? This panel will explore these and other unique issues that arise in the bankruptcy sale of a health care entity.
Rebecca J. Winthrop, Moderator
Norton Rose Fulbright US LLP; Los Angeles
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Elan Levey
United States Attorney's Office; Los Angeles
Samuel R. Maizel
Dentons; Los Angeles
Andrew H. Sherman
Sills Cummis & Gross P.C.; Newark, N.J.
Lessons Learned from PG&E
The PG&E bankruptcy cases have involved a number of novel issues and conflicting perspectives. This panel will explore and discuss the battles fought and lessons learned in one of the most significant California bankruptcy cases in recent times.
Mary Ann Kaptain, Moderator
FTI Consulting, Inc.; Los Angeles
Gregory A. Bray
Milbank LLP; Los Angeles
Cecily A. Dumas
BakerHostetler; Los Angeles
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Jeffrey M. Reisner
McDermott Will & Emery; Los Angeles
2:45-3:00 p.m.
Break
Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
3:00-4:15 p.m.
Plenary Session
Crossfire
This panel will be conducted in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions.
Paul D. Buie, Moderator
Onyx Asset Advisors; Los Angeles
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Neil Bason
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Hon. Sheri Bluebond
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
J. Scott Bovitz
Bovitz & Spitzer; Los Angeles
Hon. Julia W. Brand
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Leslie Cohen
Leslie Cohen Law PC; Santa Monica
Caroline R. Djang
Best Best & Krieger LLP; Irvine
Robbin L. Itkin
DLA Piper; Los Angeles
William N. Lobel
Pachulski Stang Ziehl & Jones; Los Angeles
Corey R. Weber
Brutzkus Gubner; Woodland Hills
Hon. Scott H. Yun
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Hon. Vincent P. Zurzolo
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
4:15-6:00 p.m.
Reception
Sponsored by GlassRatner
Co-Chairs
Kyra E. Andrassy
Smiley Wang-Ekvall, LLP; Costa Mesa
Randye B. Soref
Polsinelli LLP; Los Angeles
Judicial Chair
Hon. Deborah J. Saltzman
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Advisory Board
Erin N. Brady
Hogan Lovells; Los Angeles
Paul D. Buie
Onyx Asset Advisors; Los Angeles
Anthony R. Calascibetta
EisnerAmper LLP; Iselin, N.J.
Leslie Cohen
Leslie Cohen Law PC; Santa Monica
Brian L. Davidoff
Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles
Michael T. Delaney
Robins Kaplan LLP; Los Angeles
Caroline R. Djang
Best Best & Krieger LLP; Irvine
Uchechi Egeonuigwe
Brown Rudnick LLP; New York
John-Patrick M. Fritz
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Amir Gamliel
Perkins Coie LLP; Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Eric Goldberg
DLA Piper; Los Angeles
Seth Goldman
Munger, Tolles & Olson LLP; Los Angeles
Richard H. Golubow
Winthrop Couchot Golubow Hollander, LLP; Newport Beach
David M. Guess
Greenberg Traurig, LLP; Irvine, Calif.
Christopher V. Hawkins
Sullivan Hill Rez & Engel, APLC; San Diego
J. Michael Issa
GlassRatner Advisory & Capital Group LLC; Irvine
Thomas P. Jeremiassen
Development Specialists, Inc.; Los Angeles
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Haig M. Maghakian
Glendon Capital Management LP; Los Angeles
Samuel R. Maizel
Dentons; Los Angeles
Kyle J. Mathews
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Jennifer E. Mercer
Paladin Management Group; Los Angeles
Byron Z. Moldo
Ervin Cohen & Jessup LLP; Beverly Hills
Samuel Newman
Sidley Austin LLP; Los Angeles
Aram Ordubegian
Arent Fox LLP; Los Angeles
Kimberly A. Posin
Latham & Watkins; Los Angeles
Robert O. Riiska
SierraConstellation Partners LLC; Los Angeles
Jason Rosell
Pachulski Stang Ziehl & Jones; San Francisco
Victor A. Sahn
SulmeyerKupetz; Los Angeles
Leonard M. Shulman
Shulman Hodges & Bastian LLP; Irvine
Robyn B. Sokol
Brutzkus Gubner; Los Angeles
Susan P. Tomlinson
Crowe LLP; Los Angeles
Travis Vandell
Stretto; Irvine
Nellwyn Voorhies
Donlin, Recano & Company, Inc.; New York
Genevieve G. Weiner
Sidley Austin LLP; Los Angeles
Roye Zur
Elkins Kalt Weintraub Reuben Gartside LLP; Los Angeles
Conference Information
Hotel
Montage Beverly Hills
225 N. Canon Drive
Beverly Hills, CA 90210
ABI does not reserved a block of rooms at the Montage Beverly Hills. To make a reservation, please contact the hotel directly at (310) 860-7800; book early to receive the best rate available.
Transportation
Parking Information
Event valet parking is available at the Montage Beverly Hills for $18 USD daily.
Airport
Air: Montage Beverly Hills is approximately 12 miles away from the Los Angeles International Airport (LAX).
ADA
Please let us know how we can help you fully participate in the meeting at 703-739-0800 or by emailing Erin Finnegan at [email protected].
Dietary Restrictions
If you have a dietary restriction please bring it to our attention so that it can be accommodated by calling 703-739-0800 or emailing Erin Finnegan at [email protected]. Requests must be made at least two weeks prior to the event.
Conference Attire
Attire is business casual, please bring a sweater or jacket in case the temperature in the meeting room gets cold.
Disclaimer
Speakers are subject to change.
Continuing Education Credit
This program is eligible for 6.25 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit in 50-minute-hour states. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules and might not be approved prior to the program. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.25 hours. NY MCLE: This course or program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.5 credit hours, of which 7.5 credit hours can be applied toward the professional practice requirement.
7.5 hours of CPE credit 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates |
Early |
Regular |
Late |
|
|||
ABI Member | $445 | $495 | $545 |
Join ABI and Save* | $770 | $820 | $870 |
Gov’t./Aca./Nonprofit ABI Member |
$225 | $275 | $325 |
Gov’t./Aca./Nonprofit New ABI Member* |
$350 | $400 | $450 |
* Includes a one-year ABI membership for first-time members — a $350 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by February 26, 2020. No refunds will be granted after February 26, but substitutions will be allowed. After February 26, 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.
Anti-Harassment Policy
The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery is not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers.
Our anti-harassment policy can be found at: https://www.abi.org/about-us/bylaws-and-policies.