8:00-9:00 a.m.

Breakfast and Registration

The Advisory Board welcomes you to a complimentary continental breakfast.

9:00-9:15 a.m.

Welcome by Conference Leadership

9:15-10:30 a.m.

“Shark Tank”

In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and other topical bankruptcy issues, including (1) structured settlements and the absolute priority rule in the wake of In re Jevic Holding Corp. (cert. granted), (2) the Fair Debt Collections Practices Act controversy from Johnson v. Midland Funding (cert. granted), (3) the circuit split regarding § 546(e)’s safe harbor clause, (4) the recent Ninth Circuit ruling in Sunnyslope Housing and (5) why the Southern District of Texas got it right in large chapter 11 cases.

Judges:

Hon. Martin R. Barash

U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

Hon. Hannah L. Blumenstiel

U.S. Bankruptcy Court (N.D. Cal.); San Francisco

Hon. Mark D. Houle

U.S. Bankruptcy Court (C.D. Cal.); Riverside

Hon. Deborah J. Saltzman

U.S. Bankruptcy Court (C.D. Cal.); Los Angeles

Hon. Scott H. Yun

U.S. Bankruptcy Court (C.D. Cal.); Riverside

 

Panelists:

Brian K. Osborne, Moderator

Rust Omni; Woodland Hills

Dawn M. Cica

Black & Lobello; Las Vegas

Robert J. Feinstein

Pachulski Stang Ziehl & Jones LLP; New York

Whitman L. Holt

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Frank A. Merola

Stroock & Stroock & Lavan LLP; Los Angeles

Richard L. Wynne

Jones Day; Los Angeles

10:30-10:45 a.m.

Coffee Break

Sponsored by Deloitte

10:45 a.m.-12:00 noon

Concurrent Sessions (2)

Appealing Positions: Everything You Need to Know about Appeals

This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.

Robyn B. Sokol, Moderator

Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills

Hon. Meredith A. Jury

U.S. Bankruptcy Court (C.D. Cal.); Riverside

Hon. Beverly Reid O’Connell

U.S. District Court (C.D. Cal.); Los Angeles

David B. Shemano

Robins Kaplan LLP; Los Angeles

Pension, Retirement Issues in Bankruptcy

This panel will explore the myriad issues that arise in chapter 7 and 11 cases when the debtor is the sponsor of an employee retirement benefit plan, including 401(k) plans and pension plans.

Kyra Andrassy, Moderator

Smiley Wang-Ekvall, LLP; Costa Mesa

Harley L. Bjelland

The ERISA Law Firm; Orange

Jeffrey B. Ellman

Jones Day, Atlanta

Brad Smith

GlassRatner Advisory & Capital Group LLC; Los Angeles

12:00-1:15 p.m.

Luncheon Presentation

Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP

The End of Bankruptcy, Revisited

Prof. Robert K. Rasmussen

University of Southern California Gould School of Law; Los Angeles

1:30-2:45 p.m.

Concurrent Sessions (2)

Litigation Toward Settlement: Questions and Strategies in Bankruptcy Litigation

Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives. Consequently, in most cases litigation must be viewed as a business decision. This panel will discuss these important issues and take the audience down the litigation and settlement road: (1) pre-filing the complaint; (2) early disclosures to opponents; (3) early motions; (4) discovery and discovery disputes; (5) pre-trial motions (e.g., motions for summary judgment); and finally (6) trial. The tactics and strategies often used during these steps to promote or advance settlements that best favor clients will also be addressed.

A. Kyle Everett, Moderator

Development Specialists, Inc.; San Francisco

Hon. Scott C. Clarkson

U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

David B. Golubchik

Levene, Neale, Bender, Yoo & Brill, L.L.P.; Los Angeles

Joshua Teeple

Grobstein Teeple LLP; Irvine

A Penny for Your Thoughts: Insights into the Professional Retention and Compensation Process

This is a subject none of us can afford to ignore: the ins and outs of being retained and paid by the bankruptcy estate. Panelists will discuss recent issues and developments in the area of professional retention and compensation, including a look at the U.S. Trustee Guidelines in practice, recent conflict-of-interest decisions and thoughts on best practices.

Richard H. Golubow, Moderator

Winthrop Couchot PC; Newport Beach

Michael J. Bujold

Office of the U.S. Trustee; Washington, D.C.

Hon. Sandra Ruth Klein

U.S. Bankruptcy Court (C.D. Cal.); Los Angeles

Prof. Nancy B. Rapoport

William S. Boyd School of Law, University of Nevada, Las Vegas; Las Vegas

Genevieve G. Weiner

Gibson, Dunn & Crutcher LLP; Los Angeles

2:45-3:00 p.m.

Refreshment Break

3:00-4:15 p.m.

Ethics: Who’s Your Daddy? Acing Your Fiduciary Duties

It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.

Tiffany Ikeda, Moderator

Arnold & Porter Kaye Scholer LLP; Los Angeles

Hon. Margaret M. Mann

U.S. Bankruptcy Court (S.D. Cal.); San Diego

Bradley D. Sharp

Development Specialists, Inc.; Los Angeles

James Patrick Shea

Armstrong Teasdale LLP; Las Vegas

William P. Weintraub

Goodwin Procter LLP; New York

4:15-5:45 p.m.

Reception

Sponsored by Greenberg Glusker Fields Clamant & Matchtinger LLP