Bankruptcy 2015: Views from the Bench

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Join ABI, Georgetown University Law and 18 bankruptcy judges on October 9, 2015, for another exciting Views from the Bench! One of ABI and Georgetown University CLE’s best conferences, Bankruptcy 2015: Views from the Bench provides a unique opportunity for bankruptcy practitioners to convene with bankruptcy judges for a full day of outstanding CLE and networking opportunities. This year's feature is a presentation by Prof. Kenneth N. Klee on the 2015 Supreme Court term. Klee is the author of Bankruptcy and the Supreme Court 1801-2014, published in 2015. Several panels will elicit the judges' views on recommendations from the Commission to Study the Reform of Chapter 11. The conference also features small group lunchtime break-out sessions with the morning topics’ judges and speakers, creating an intimate learning environment. We look forward to seeing you there!

Sessions

Friday, October 9

7:30-8:15 a.m.

Registration and Continental Breakfast

Sponsored by Whiteford Taylor & Preston, LLP

8:15-8:30 a.m.

Welcome Remarks

David R. Kuney, Program Chair

Whiteford Taylor & Preston, LLP; Washington, D.C.

Lawrence J. Center, Assistant Dean

Georgetown Law CLE; Washington, D.C.

Samuel J. Gerdano, Executive Director

American Bankruptcy Institute; Alexandria, Va.

8:30-9:15 a.m.

Opening Keynote

Review of the Supreme Court Term, 2014-15

Prof. Kenneth N. Klee

University of California at Los Angeles School of Law; Los Angeles

9:15-10:15 a.m.

Confirmation Roundtable

Effect of the ABI Commission: Elimination of one impaired class. Continued debate over PSAs and RSAs.

Does the ABI Commission's recommendation to eliminate one impaired class voting appropriately end gamesmanship and litigation? Continued debate over PSAs and RSAs.

Jay M. Goffman, Moderator

Skadden, Arps, Slate, Meagher & Flom LLP; New York

Hon. Stuart Bernstein

U.S. Bankruptcy Court (S.D.N.Y.)

Hon. Shelley C. Chapman

U.S. Bankruptcy Court (S.D.N.Y.)

Hon. James L. Garrity

U.S. Bankruptcy Court (S.D.N.Y.)

James M. Peck, Facilitator

Morrison & Foerster LLP; New York

10:15-10:30 a.m.

Refreshment Break

Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP

10:30-11:30 a.m.

Retail Bankruptcy: Executory Contracts and Leases

News from Radio Shack. Effect of the ABI Commission recommendations on retail cases. Sales free and clear of leaseholds: The conflict between §§ 363(f) and 365(h); In re Revel Casino.

David L. Pollack, Moderator

Ballard Spahr LLP; Philadelphia

Hon. Martin Glenn

U.S. Bankruptcy Court (S.D.N.Y.)

Hon. Kevin R. Huennekens

U.S. Bankruptcy Court (E.D. Va.)

Hon. Brendan L. Shannon

U.S. Bankruptcy Court (D. Del.)

Mark D. Collins, Facilitator

Richards, Layton & Finger, PA; Wilmington, Del.

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

Sales Panel

Even though the Commission recommended no curtailing of credit-bidding rights, challenges continue. More on GM: Can an order really be free and clear of successor liability, and what is successor liability, anyway?

Marc Abrams, Moderator

Willkie Farr & Gallagher LLP; New York

Hon. Robert D. Drain

U.S. Bankruptcy Court (S.D.N.Y.)

Hon. Kevin Gross

U.S. Bankruptcy Court (D. Del.)

Prof. Michelle M. Harner

University of Maryland School of Law; Baltimore

Jessica C.K. Boelter, Facilitator

Sidley Austin LLP; Chicago

12:30-1:50 p.m.

Working Lunch: Breakouts 1-3

Sponsored by Pachulski Stang Ziehl & Jones LLP

(Be sure to select your topic on the CLE Checklist.)

A facilitator will lead additional discussions from the three morning panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judges and speakers.

2:00-3:00 p.m.

Health Care and Nonprofit Cases

This panel will discuss elected issues in health care and non-profit cases, including Medicare issues; confirmation issues including feasibility and application of the best interest test and absolute priority rule in non-profit cases; director and officer liability issues; and conflicts between state law and the Bankruptcy Code.

Melanie L. Cyganowski, Moderator

Otterbourg P.C.; New York

Hon. Carla E. Craig

U.S. Bankruptcy Court (E.D.N.Y)

Hon. Sean H. Lane

U.S. Bankruptcy Court (S.D.N.Y)

Hon. Nancy Hershey Lord

U.S. Bankruptcy Court (E.D.N.Y)

Hon. Robert G. Mayer

U.S. Bankruptcy Court (D. Va.)

Irving E. Walker, Facilitator

Cole Schotz P.C.; Baltimore

3:00-4:00 p.m.

Issues Affecting Private-Equity and Hedge Funds

This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.

Gary T. Holtzer, Moderator

Weil, Gotshal & Manges LLP; New York

Hon. Christopher M. Klein

U.S. Bankruptcy Court (E.D. Calif.)

Hon. Christopher S. Sontchi

U.S. Bankruptcy Court (D. Del.)

Hon. Michael E. Wiles

U.S. Bankruptcy Court (S.D.N.Y.)

Michael L. Bernstein, Facilitator

Arnold & Porter LLP; Washington, D.C.

4:00-4:15 p.m.

Refreshment Break

Sponsored by BakerHostetler

4:15-5:15 p.m.

Ethics: The Ever-Changing Landscape

This panel will address issues concerning confidentiality and privileged information, fees, candor in dealings with the court, fairness to opposing counsel, and more, with reference to various Rules of Professional Conduct, including RPCs 1.5, 1.6, 3.3, 3.4 and 8.4.

Richard M. Meth, Moderator

Fox Rothschild LLP; Roseland, N.J.

Hon. Rosemary Gambardella

U.S. Bankruptcy Court (D.N.J.)

Hon. Laurel M. Isicoff

U.S. Bankruptcy Court (S.D. Fla.)

Hon. S. Martin Teel

U.S. Bankruptcy Court (District of Columbia)

Donald A. Workman, Facilitator

BakerHostetler; Washington, D.C.

5:15-6:15 p.m.

Cocktail Reception

Sponsored by Development Specialists, Inc.

Program Chair

David R. Kuney

Whiteford Taylor & Preston, LLP; Washington, D.C.

Advisory Board

Marc Abrams

Willkie Farr & Gallagher LLP; New York

Michael L. Bernstein

Arnold & Porter LLP; Washington, D.C.

Martin J. Bienenstock

Proskauer; New York

Jessica C.K. Boelter

Sidley Austin LLP; Chicago

Mark D. Collins

Richards, Layton & Finger, PA; Wilmington, Del.

Melanie L. Cyganowski

Otterbourg P.C.; New York

Edward C. Dolan

Hogan Lovells US LLP; Washington, D.C.

Mary Joanne Dowd

Arent Fox LLP; Washington, D.C.

Douglas M. Foley

McGuireWoods LLP; Washington, D.C.

Peter Friedman

O’Melveny & Myers LLP; Washington, D.C.

Karen A. Giannelli

Gibbons P.C.; Newark, N.J.

Jay M. Goffman

Skadden, Arps, Slate, Meagher & Flom LLP; New York

Kristin K. Going

Drinker Biddle & Reath LLP; Washington, D.C.

Craig Goldblatt

WilmerHale; Washington, D.C.

Lindsee P. Granfield

Cleary Gottlieb Steen & Hamilton LLP; New York

Jason W. Harbour

Hunton & Williams LLP; Richmond, Va.

Gary T. Holtzer

Weil, Gotshal & Manges LLP; New York

Laura Davis Jones

Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.

Richard M. Kremen

DLA Piper; Baltimore

Michael R. Lastowski

Duane Morris LLP; Wilmington, Del.

Jeffrey A. Liesemer

Caplin & Drysdale, Chtd.; Washington, D.C.

Richard M. Meth

Fox Rothschild LLP; Roseland, N.J.

Paul M. Nussbaum

Whiteford Taylor & Preston, LLP; Baltimore

Deryck A. Palmer

Pillsbury Winthrop Shaw Pittman LLP; New York

Hon. James M. Peck (ret.)

Morrison & Foerster LLP; New York

David L. Pollack

Ballard Spahr LLP; Philadelphia

Jeffrey S. Sabin

Venable LLP; New York

Michael B. Schaedle

Blank Rome LLP; Philadelphia

Jeffrey L. Tarkenton

Womble Carlyle Sandridge & Rice, LLP; Washington, D.C.

Irving E. Walker

Cole Schotz P.C.; Baltimore

Donald A. Workman

BakerHostetler; Washington, D.C.

Conference Information

Hotel Reservations

A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 8-9, 2015 and will be honored until Thursday, September 10, 2015. These rooms will be held as a block, unless exhausted, until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy 2015: Views from the Bench/Georgetown CLE" room block to receive the room rate below.
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue, NW
Washington, DC 20001
(202) 737-1234
(800) 233-1234
washingtonregency.hyatt.com
Room Rate: $229 (single and double), $254 (triple), $279 (quadruple)
The hotel is approximately two blocks from the Law Center.

Disclaimer

Speakers are subject to change

Services for People with Special Needs or Dietary Restrictions

Call (202) 662-9890 or email [email protected] with your requests.

Scholarships

Please apply online at www.georgetowncle.org, or submit written requests by 5:00 p.m. on September 18, 2015, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., NW, Washington, DC 20001, or fax to (202) 662-9891.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by September 18, 2015. No refunds will be made if notice is received after September 18, although substitutions will be allowed. After September 18, 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 this same conference next year.

CLE Credit

Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute hour), including 1 ethics credit, and 7.2 CLE credits (based on a 50-minute hour), including 1.2 ethics credits. Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.

CPE Credit

7 CPE credit hours is available, including 6 in Specialized Knowledge and Applications, including 1 credit hours in Ethics-Behavioral, are also available. Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.

Course Level

Overview, group-live, no prerequisites or advance preparation required.

Program Location

Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001

IMPORTANT: There is currently construction underway on 2nd Street NW (the west side of the Law Center campus), so we ask that you please enter McDonough through the second floor entrance facing New Jersey Avenue. All visitors are required to sign in with the Department of Public Safety; an officer will be stationed at the desk adjacent to the door. All other external doors to the building will be locked. Visitors who require an entrance without stairs may use the F Street entrance (facing the quad with the clock tower). To the right of this entrance there is a yellow emergency box – push the red button and let the public safety officer know that you are attending the Bankruptcy 2015: Views from the Bench conference.

Maps and directions are available on our website: Georgetown Law maps and directions.

Parking Information

Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:

Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441

Colonial Parking Garage
500 New Jersey Avenue, NW, Washington, DC 20001

Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000

Event Sponsors

BakerHostetler
Development Specialists, Inc.
McGuireWoods LLP
Pachulski Stang Ziehl & Jones LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Whiteford Taylor & Preston, LLP

Rates

Registration Rates	Early Bird (postmarked by 7/17/15)	Regular (7/18/15-9/11/15)	Late (after 9/11/15)

ABI Member	$545	$595	$645
Georgetown Law Alumnus	$545	$595	$645
ABI Govt./Academic Member	$295	$345	$395
New ABI Member*	$820	$870	$920
Govt./Academic New ABI Member*	$390	$440	$490

* Includes a one-year ABI membership for first-time members — a $295 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.