23rd Annual Southwest Bankruptcy Conference

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23rd Annual Southwest Bankruptcy Conference

September 10-12, 2015 Four Seasons Hotel Las Vegas

Join ABI for the 23rd Annual Southwest Bankruptcy Conference, being held at the fabulous Four Seasons Hotel Las Vegas! Experienced practitioners and regional judges will present workshops on a variety of topics, both business and consumer — ensuring that there is something for everyone.

We look forward to seeing you in Las Vegas!

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Event Information 229561

Thursday, September 10

8:00 a.m.

Optional Event

Golf Tournament at Royal Links Golf Club

Sponsored by Snell & Wilmer, LLP

9:00 a.m.-5:00 p.m.

American Board of Certification Exams

3:00-6:00 p.m.

ABI Registration Desk Open

5:00-6:00 p.m.

Emerging Leaders and Judges Roundtable (invite only)

Private roundtable for up-and-coming insolvency professionals and the judges in attendance.

6:00-8:00 p.m.

Opening Reception

Sponsored by Development Specialists, Inc., Gordon Silver, KCC and Perkins Coie LLP

Friday, September 11

7:00 a.m.-5:00 p.m.

ABI Registration Desk Open

7:30-8:00 a.m.

Networking Breakfast

Sponsored by Alvarez & Marsal Restructuring and Corporate Finance and McGlinchey Stafford, PLLC

8:00-9:30 a.m.

Very Good Debates

John W. Lucas, Moderator

Pachulski Stang Ziehl & Jones LLP; San Francisco

Judicial Debate

Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).

Pro: Hon. Randall L. Dunn

U.S. Bankruptcy Court (D. Or.); Portland

Con: Hon. Madeleine C. Wanslee

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Business Debate

Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium

Pro: Lori Sinanyan

Jones Day; Los Angeles

Con: Michael H. Strub, Jr.

Irell & Manella LLP; Newport Beach, Calif.

Consumer Debate

Resolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor.

Pro: Samuel A. Schwartz

The Schwartz Law Firm, Inc.; Las Vegas

Con: John R. Bollinger

Boleman Law Firm, P.C.; Hampton, Va.

9:30-9:45 a.m.

Coffee Break

Sponsored by Loeb & Loeb LLP

9:45-11:00 a.m.

Concurrent Sessions (4)

Cutting-Edge Issues in Retention and Fee Applications

This panel will address disclosure issues relating to disinterestedness, compensation and reimbursement requirements, compensation of fees incurred defending fee applications, and flat-fee arrangements between chapter 7 debtors and counsel, and other issues.

Jordan A. Kroop, Moderator

Perkins Coie LLP; Phoenix

Jason S. Brookner

Gray Reed & McGraw, P.C.; Dallas

Tracy Hope Davis

Office of the U.S. Trustee; San Francisco

Hon. Randall L. Dunn

U.S. Bankruptcy Court (D. Or.); Portland

Casino and Gaming Issues in Chapter 11 Cases

This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales,‎ including regulatory limitations and protection of customer lists.

Thomas R. Kreller, Moderator

Milbank, Tweed, Hadley & McCloy LLP; Los Angeles

Rudy J. Cerone

McGlinchey Stafford PLLC; New Orleans

Jeffrey R. Truitt

FTI Consulting, Inc.; Los Angeles

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno

Litigation In the Bankruptcy World – Selected Hot Issues

While case flings are down, the disputes that rage on in the cases have continued on.  The panel will address three (3) selected litigation issues impacting the process: (a) Discovery Matters In Bankruptcy Cases – “Get to the point, get there quickly, get there cost effectively, and get the facts and documents organized”; (b) Expert Witness Matters – “If they know more than you, they must be an expert – right?”  Bankruptcy Judges are becoming more discriminating (and more selective) in who and what is a proper expert and the purview of expert testimony.  The panel will discuss and explore the Daubert criteria for experts, and discuss practical and strategic issues related to the effective use of expert testimony in bankruptcy litigation; and (c) Examiner Reports In Bankruptcy Litigation – we paid a lot of money and used up a lot of time on this report – now what?  The legal and strategic issues related to examiner reports in bankruptcy cases.

Thomas J. Salerno, Moderator

Stinson Leonard Street LLP; Phoenix.

Hon. Bruce T. Beesley

U.S. Bankruptcy Court (D. Nev.); Reno

Colleen M. Keating

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Howard Jay Steinberg

Greenberg Traurig, LLP; Los Angeles


Hot Consumer Bankruptcy Topics

This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel will discuss a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation will address lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that will be of interest to those representing parties in consumer cases.

Claire Ann Resop, Moderator

Steinhilber, Swanson & Resop; Madison, Wis.

Ariane Holtschlag

The Law Office of William J. Factor, Ltd.; Chicago

Shelley D. Krohn

Shelley D. Krohn, Ltd.; Las Vegas

Hon. Paul Sala

U.S. Bankruptcy Court (D. Ariz.); Phoenix

11:00-11:15 a.m.

Coffee Break

Sponsored by Gavin/Solmonese LLC

11:15 a.m.-12:30 p.m.

Concurrent Sessions (4)

Hot Topics in Chapter 11

This panel will address a variety of issues in chapter 11 cases, including cramdown interest rates, credit-bidding and equitable mootness, among other issues.

James T. Markus, Moderator

Markus Williams Young & Zimmermann, LLC; Denver

Hon. Martin R. Barash

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

Marc Bilbao

Imperial Capital, LLC; Los Angeles

Carolyn J. Johnsen

Dickinson Wright PLLC; Phoenix

Justin E. Rawlins

Winston & Strawn LLP; Los Angeles

Criminal and Civil Investigations of Corporate Debtors and Management

This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.

Cathy L. Reece, Moderator

Fennemore Craig, P.C.; Phoenix

Hon. Dennis R. Dow

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Kevin D. Evans

Armstrong Teasdale LLP; Denver

Ronald A. Zahn

Western Forensic Services LLC; Phoenix

How to Prepare Corporate and Individual Debtors for Bankruptcy

This panel will address various pre-bankruptcy planning issues for counsel to consider in preparing corporate or individual debtors for a filing of a case under chapter 7 or 11. Featured will be a discussion on legal, ethical and practical considerations in connection with the initial interviews of potential debtors, preparation of the bankruptcy filing, and preparation of the debtor for what is to follow once a case is commenced.

Peter J. Gurfein, Moderator

Landau Gottfried & Berger LLP; Los Angeles

Jessica C.K. Boelter

Sidley Austin LLP; Chicago

Ford Elsaesser

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

Daniel R. Williams

Fenix Financial Forensics LLC; Scottsdale, Ariz.

Intersection Between Bankruptcy and Nonbankruptcy Law

Chaos erupts when a bankruptcy case collides with different spheres of the law. Bankruptcy lawyers continuously have to consider other legal areas in the course of their practice. Your clients routinely seek your guidance because of legal problems arising from other legal matters, ranging from divorce to real estate to commercial litigation. This presentation will assist you in rendering proper legal advice.

Randy Nussbaum, Moderator

Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.

Hon. Eddward P. Ballinger, Jr.

U.S. Bankruptcy Court (D. Ariz.); Phoenix

John G. Loughnane

Nutter McClennen & Fish LLP; Boston

Brian D. Shapiro

Law Office of Brian D. Shapiro; Las Vegas

12:30-1:15 p.m.

Networking Luncheon

Sponsored by Engelman Berger, PC, Jefferies LLC, Schnader Harrison Segal & Lewis LLP and Winston & Strawn LLP

1:15-2:15 p.m.

Luncheon Keynote: Oscar Goodman, Former Mayor of Las Vegas

2:15-3:30 p.m.

Concurrent Sessions (3)

“Top 10” Changes to Asset Sales Under § 363 of the Bankruptcy Code

This panel will discuss current issues in the stand-alone asset sale process and propose ways that this process can be improved to address the competing interests of the constituencies in a bankruptcy case.

Rob Charles, Moderator

Lewis Roca Rothgerber LLP; Tucson, Ariz.

Hilary L. Barnes

Allen Maguire & Barnes, PLC; Phoenix

Oren B. Haker

Stoel Rives LLP; Portland, Ore.

Hon. Margaret M. Mann

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


“So, a lawyer, a judge, and two ABI Presidents walk into a bar….” This panel on professionalism will be designed as a roundtable discussion on professional conduct within the world of bankruptcy. The panelists will discuss ABI’s Principles of Civility and engage the audience in a thoughtful discussion about managing professional relationships with clients, opposing counsel/parties, and the court.

Patrick A. Clisham, Moderator

Engelman Berger, PC; Phoenix

Hon. Daniel P. Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Patricia A. Redmond

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami

James Patrick Shea

Armstrong Teasdale LLP; Las Vegas


Avoiding Malpractice in Consumer Cases

This panel will address various ethical and substantive issues that can arise when representing consumer debtors.

Karen L. Kellett, Moderator

Armstrong Kellett Bartholow P.C.; Dallas

Hon. August B. Landis

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Allan D. NewDelman

Law Office of Allan D. NewDelman, P.C.; Phoenix

Lenard E. Schwartzer

Schwartzer & McPherson Law Firm; Las Vegas

3:30-3:45 p.m.

Refreshment Break

Sponsored by Proskauer and Shumaker, Loop & Kendrick, LLP

3:45-5:00 p.m.

Concurrent Sessions (2)

Oil & Gas Industry-Specific Bankruptcy Issues

With low energy commodity prices the new reality, E&P companies are being forced to restructure their balance sheets — both in and out of court. This panel will discuss legal issues that are crucial to advising a client in E&P restructurings and how those issues may shape your strategy, including oil and gas leases as absolute conveyances and the protection of royalty-holders; ORRIs, NPIs and production payments; plugging and abandonment liability; M&M liens; borrowing bases under RBL credit facilities; and joint operating agreements.

Frank A. Merola, Moderator

Stroock & Stroock & Lavan LLP; Los Angeles

Dean E. Swick

Alvarez & Marsal; Century City, Calif.

Hon. Barbara J. Houser

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Deborah D. Williamson

Dykema Cox Smith; San Antonio

Playing for Profit: The Bondholder’s Playbook

The existence of multiple bondholders can impose uncertainty and gamesmanship in a contest for economic gain from distressed corporate situations. The paper that they hold rarely tells the whole story; bondholders may have competing investments, undisclosed hedges and varying purchase price discounts that make it impossible to determine their true position. This panel will explore issues related to bondholder-led restructurings and takeovers, including the operation of ad hoc committees, the role of indenture trustees, conflicts, disclosures, subordination and deal structures.

Scott F. Gautier, Moderator

Robins Kaplan LLP; Los Angeles

Jeffrey H. Davidson

Pachulski Stang Ziehl & Jones LLP; Los Angeles

Stephen M. Pezanosky

Haynes and Boone, LLP; Fort Worth, Texas

Teri Stratton

Piper Jaffray Cos.; El Segundo, Calif.

5:00-6:00 p.m.

Craft Beer Tasting Happy Hour

Sponsored by FTI Consulting, Inc., McGuire Woods LLP, Nussbaum Gillis & Dinner, P.C., Robins, Kaplan, Miller & Ciresi, LLP and Stinson Leonard Street LLP

7:30 p.m.

Optional Event

Michael Jackson’s ONE

Saturday, September 12

8:00 a.m.-12:00 noon

ABI Registration Desk Open

8:30-9:00 a.m.

Networking Breakfast

Sponsored by Allen Maguire & Barnes PLC and Greenberg Traurig, LLP

9:00-10:15 a.m.

Hot Topics: Judges’ Roundtable Q&A

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.

10:15-10:30 a.m.

Coffee Break

Sponsored by Ernst & Young LLP and Pachulski Stang Ziehl & Jones LLP

10:30-11:45 a.m.

Plenary Session


This panel will address current ethical topics relating to attorney and client conduct in the context of out-of-court and bankruptcy restructurings.

Steven M. Berman, Moderator

Shumaker, Loop & Kendrick, LLP; Tampa, Fla.

Donald W. Fitzgerald

Felderstein Fitzgerald Willoughby & Pascuzzi LLP; Sacramento, Calif.

Hon. Scott H. Gan

U.S. Bankruptcy Court (D. Ariz.); Tucson

Edward T. Gavin

Gavin/Solmonese LLC; Wilmington, Del.

11:45 a.m.




Optional Events

Golf Tournament at Royal Links Golf Club

Sponsored by Snell & Wilmer, LLP

Thursday, September 10, 8:00 a.m.

Missed your invitation to play in the British Open? Don’t worry; you can still play 18 of the best holes from 11 different British Open rotation courses. Conveniently located less than nine miles from the heart of the world-famous Las Vegas Strip, Royal Links is not your typical golf course. Whether you are interested in the history of the game or just want a shot at besting Tiger Woods’s course record of 67 (Feb. 2001), Royal Links is sure to provide you with some great golfing memories. The $190 green fee includes transportation from the Four Seasons, all tournament fees and lunch at the tournament’s conclusion. Please mark the appropriate box on the registration form, and indicate your handicap. For those participating in the ABI Golf Tour, this will be the sixth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.

Michael Jackson’s ONE

Friday, September 11, 7:30 p.m.

Michael Jackson’s ONE is a sonic, tonic fusion of acrobatics, dance and visuals that takes the audience on an immersive journey through the music and spirit of Michael Jackson. Driven by Michael’s powerful, multi-layered music — heard like never before in a riveting, state-of-the-art surround-sound environment — ONE takes the audience through a series of seamless visual and musical tableaux, at the heart of a world that is in turn majestic, playful, magical and heart-warming. ONE is a heartfelt tribute to the work, innovative spirit and legacy of Michael Jackson: the King of Pop, the genius, the visionary, the ONE. Tickets for premium seats are $155 per person. Please mark the appropriate box on the registration form.

Judicial Chair

Hon. Bruce T. Beesley

U.S. Bankruptcy Court (D. Nev.); Reno

Program Co-Chairs

Scott F. Gautier

Robins Kaplan LLP

John W. Lucas

Pachulski Stang Ziehl & Jones LLP; San Francisco

Randy Nussbaum

Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.

Sponsorship Chair

Bradley D. Sharp

Development Specialists, Inc.; Los Angeles

2015 Advisory Board

Hon. Martin R. Barash

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

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa, Fla.

John D. Bittner

PricewaterhouseCoopers LLP; Dallas

Jason S. Brookner

Gray Reed & McGraw, PC; Dallas

Rob Charles

Lewis Roca Rothgerber LLP; Tucson, Ariz.

Dawn M. Cica

Fox Rothschild LLP; Las Vegas

David D. Cleary

Greenberg Traurig, LLP; Phoenix

Patrick A. Clisham

Engelman Berger, PC; Phoenix

Hon. Laurel E. Davis

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Ford Elsaesser

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

Scott D. Fleming

Armstrong Teasdale LLP; Las Vegas

Gregory E. Garman

Garman Turner Gordon; Las Vegas

Peter J. Gurfein

Landau Gottfried & Berger LLP; Los Angeles

Douglas E. Himmel

Melville Capital; Venice, Calif.

Nicole Horton

Ernst & Young LLP; Los Angeles

Carolyn J. Johnsen

Dickinson Wright PLLC; Phoenix

Lance N. Jurich

Loeb & Loeb LLP; Los Angeles

Ori Katz

Sheppard, Mullin, Richter & Hampton LLP; San Francisco

Aaron M. Kaufman

Dykema Cox Smith; Dallas

Jordan A. Kroop

Perkins Coie LLP; Phoenix

Heather A. LaSalle

McGlinchey Stafford PLLC; New Orleans

Nile Leatham

Kolesar & Leatham; Las Vegas

Marc Liebman

Alvarez & Marsal; Phoenix

Robert J. Pfister

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Mark A. Platt

McGuireWoods LLP; Dallas

Peter J. Rathwell

Snell & Wilmer; Phoenix

Justin E. Rawlins

Winston & Strawn LLP; Los Angeles

Cathy L. Reece

Fennemore Craig, P.C.; Las Vegas

Deb Riley

Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno


Conference Information


The Four Seasons Hotel Las Vegas is a sanctuary from the bright lights of the dazzling Las Vegas Strip, all located on the 35th to 39th floors of the Mandalay Bay Resort & Casino Tower — ensuring a more intimate atmosphere and attentive personal service. ABI has arranged a special conference rate of $219 per night. To secure the special rate, reservations must be made directly with the resort by August 10, 2015. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.


Fly into McCarran International Airport (LAS).

Conference Attire

Attire is casual throughout the conference.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 20, 2015. No refunds will be made if notice is received after August 20, although substitutions will be allowed. After August 20, 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 the same conference next year.

Continuing Education

9.75 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and approval for 11.5 hours of CLE credit, including 3 hours of ethics, is pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 11.5 hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9.75 hours, of which 2.5 hours will apply to ethics. 11.5 of CPE credit, including 3 hours of ethics, are also available.


*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.


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 email to [email protected].

Attorney Specialist Certification

The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights exams at the Four Seasons Hotel Las Vegas on Thursday, September 10, 2015, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.

Royal Flush

Development Specialists, Inc.

FTI Consulting, Inc

Greenberg Traurig

Straight Flush

BMC Group

East West Bank

Gordon Silver

Schnader Harrison Segal & Lewis LLP

Four of a Kind

Allen Maguire & Barnes PLC
Alvarez & Marsal Restructuring and Corporate Finance
Engelman Berger, PC
Ernst & Young LLP
Gavin/Solmonese LLC
Jefferies LLC
Loeb & Loeb LLP
McGuire Woods LLP
Pachulski Stang Ziehl & Jones LLP
Snell & Wilmer, LLP
Stinson Leonard Street LLP
Winston & Strawn LLP

Full House

Armstrong Teasdale LLP
Dykema Cox Smith
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Fenix Financial Forensics LLC
Fennemore Craig PC
Fox Rothschild LLP
Gray Reed & McGraw, P.C.
Imperial Capital, LLC
Klee, Tuchin, Bogdanoff & Stern LLP
Lewis Roca Rothgerber LLP
Nevada State Bar Bankruptcy Section
Prime Clerk
The Schwartz Law Firm, Inc.
Shumaker, Loop & Kendrick, LLP


Registration Rates Early
(postmarked by 

ABI Member
ABI Govt./Nonprofit ABI Member
New ABI Member*
Govt./Nonprofit New ABI Member*

ON-SITE FEE: $795 ABI Member

$1,090 New ABI Member

* Includes a one-year membership for first-time members only — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your ABI membership has expired, select the member rate and add in your ABI membership renewal fee.

Optional Events Rates

Opening Reception
Opening Reception Guest
Golf Tournament at Royal Links
ABI Golf Tour
Happy Hour
Happy Hour Guest
Michael Jackson’s ONE

Exhibitor Rates

ABI Member Exhibitor Registration**
New ABI Member Exhibitor Registration***
Additional Booth Representative

** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.