Thursday, February 9
4:30 p.m.
Registration
6:00-7:30 p.m.
Opening Reception
Friday, February 10
7:30-8:00 a.m.
Registration and Continental Breakfast
8:00-8:15 a.m.
Welcome and Opening Remarks
8:15-9:30 a.m.
Offshore Alert: Changes to Insolvency Laws and Rules in the Bahamas
The Hon. Mr. Justice Ian Winder
Supreme Court of the Bahamas; New Providence, The Bahamas
Brian M. Moree
McKinney Bancroft & Hughes; Nassau, The Bahamas
Brian Simms
Lennox Paton; Nassau, The Bahamas
9:30-9:45 a.m.
Refreshment Break
Sponsored by Solomon Harris
9:45-10:45 a.m.
Buying and Investing in Bankruptcy Litigation: A New Paradigm
This panel will explore the following questions: Who is your client? What is the decision-making process for your client (veto)? Who is liable for sanctions for actions in the case? The panel will also discuss attorney/client privilege, mediation (and who needs to be there) and champerty concerns.
Prof. Jan L. Jacobowitz, Moderator
University of Miami School of Law; Coral Gables, Fla.
Justin G. Brass
Burford Capital LLC; New York
Warren E. Gluck
Holland & Knight LLP; New York
James C. Little
Drumcliffe Partners; Wilmington, Del.
10:45-11:45 a.m.
“You Can't Always Get What You Want…”: Update on Chapter 15 Assistance to Foreign Trustees and by Caribbean Courts in U.S. Cases
This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts.
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Shelly C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Prof. Andrew Dawson
University of Miami School of Law; Coral Gables, Fla.
Rachael Reynolds
Ogier; Camana Bay, Grand Cayman, Cayman Islands
11:45 a.m.-12:00 noon
Refreshment Break
12:00-1:15 p.m.
Judges’ Roundtable
Patricia A. Redmond, Moderator
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
Saturday, February 11
7:30-8:00 a.m.
Continental Breakfast
8:00-9:15 a.m.
Concurrent Sessions (2)
Zika in the Caribbean, and Other Stinging Health Care Insolvency Issues
This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Melissa Davis
KapilaMukamal; Fort Lauderdale, Fla.
Samuel R. Maizel
Dentons; Los Angeles
Tiffany D. Payne
BakerHostetler, Orlando, Fla.
Frank P. Terzo
GrayRobinson, P.A.; Fort Lauderdale, Fla.
Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets
This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.
C.R. Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
Jonathan E. Gopman
Akerman LLP; Naples, Fla.
Ira L. Herman
Blank Rome LLP; New York
9:15-10:30 a.m.
Concurrent Sessions (2)
Puerto Rico’s Financial Crisis: The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) in Action
This panel will explore the oversight board created under PROMESA, including (1) a simplified overview of the law with a summary of each chapter, (2) the key players and their roles (e.g., PROMESA oversight board, executive director, revitalization coordinator, etc.), (3) highlights from the first 90 days of PROMESA, (4) a comparison/contrast of PROMESA with the DC and NYC financial crises, and (5) the major challenges faced by the oversight board to improve Puerto Rico’s financial condition (restructuring, economic development, fiscal reform).
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Sonia Colon
Ferraiuoli, LLC; Orlando, Fla.
Carmen Conde
C. Conde & Associates; San Juan, Puerto Rico
Kevin Lavin
Ankura Consulting Group, LLC; New York
John J. Rapisardi
O’Melveny & Myers LLP; New York
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, N.C.
Part II: Finding Dory’s Assets! How to Find Money and Make Sure It Stays Put
This panel will discuss the kinds of asset information that can be obtained depending on who is looking for it (i.e., liquidator/receiver/trustee in bankruptcy, creditor), including the decision in In re Petroforte Brasileiro de Petroleo Ltda and how to make sure that assets, once found, don’t disappear.
Laura Hatfield, Moderator
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Graeme Halkerston
Wilberforce Chambers; London
Keiran Hutchison
Ernst & Young Ltd.; Grand Cayman, Cayman Islands
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Paul Smith
Conyers Dill & Pearman; Grand Cayman
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
Keep Calm and Carry On Investing
This panel will explore the decision of the U.K. to leave the European Union in June 2016 and its many far-reaching political implications for hedge funds and the private-equity industry, many of which are still generally unclear. The recent U.S. presidential elections also waged war on the private-equity industry, and on hedge funds in particular. The panel will look at how Brexit and the U.S. elections have impacted and continue to impact hedge funds and the private-equity industry, particularly in terms of managing, distributing and exiting funds. It will also examine what it means for the restructuring and winding-up of entities commonly used in the hedge fund and private-equity industry generally and those sectors that are most likely to be impacted, with a particular focus on the Cayman Islands, Ireland and the U.S.
Wayne P. Weitz, Moderator
EisnerAmper LLP; New York
Rebecca Hume
Kobre & Kim LLP; Camana Bay, Grand Cayman, Cayman Islands
Michael Pearson
Fund Fiduciary Partners Ltd.; George Town, Grand Cayman, Cayman Islands
Derbhil O’Riordan
Dillon Eustace; George Town, Grand Cayman, Cayman Islands
In This Corner, Arbitration; in the Other, Bankruptcy: Welcome to the Main Event!
This panel will discuss the interplay of arbitration clauses in a liquidation scenario, including what it can mean when a party decides to argue a dispute subject to an arbitration clause and seeks to wind up the company, or when a potential claim within an estate is subject to an arbitration clause.
Kenneth M. Krys, Moderator
KRyS Global; Grand Cayman, Cayman Islands
Katherine R. Catanese
Foley & Lardner LLP; New York
Leah M. Eisenberg
Arent Fox LLP; New York
Caroline Moran
Maples and Calder; George Town, Grand Cayman, Cayman Islands
Andrew Thorp
Harneys; Road Town, Tortola, British Virgin Islands
12:00 p.m.
Ajourn