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Event Information 249559

Tuesday, October 17

7:30-8:15 a.m.

Registration and Continental Breakfast

8:15-8:30 a.m.

Welcome Remarks

David R. Kuney, Program Chair

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

Jill Castleman, Executive Director of Academic Conferences and Continuing Legal Education

Georgetown Law CLE; Washington, D.C.

Samuel J. Gerdano, Executive Director

American Bankruptcy Institute; Alexandria, Va.

8:30-9:30 a.m.

Confirmation Roundtable

This session will cover a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).

Jay M. Goffman, Moderator

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

Hon. Shelley C. Chapman

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Robert D. Drain

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Michael G. Williamson

U.S. Bankruptcy Court (M.D. Fla.); Tampa

Mary Joanne Dowd, Facilitator

Arent Fox LLP; Washington, D.C.

9:30-10:30 a.m.

The Future of Retail Bankruptcies

An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords? Can brick-and-mortar stores cement their positions and stem the tide of bankruptcies? Will the Aeropostale paradigm of landlord investment become more common? Will factors and other lenders be caught in the downward spiral? Will there be recoveries for the unsecured creditors in cash or equity? Can Black Friday sales save retail? This panel discussion will cover a wide spectrum of legal and practical insights into each of these topics.

David L. Pollack, Moderator

Ballard Spahr LLP; Philadelphia

Hon. Clifton R. Jessup, Jr.

U.S. Bankruptcy Court (N.D. Ala.); Decatur

Hon. Sean H. Lane

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Wendelin I. Lipp

U.S. Bankruptcy Court (D. Md.); Greenbelt

Melanie L. Cyganowski, Facilitator

Otterbourg P.C.; New York

10:30-10:45 a.m.

Networking Break

Sponsored by BakerHostetler

10:45-11:45 a.m.

Dealing with Directors and Officers

In many bankruptcy cases, unhappy creditors look for someone to blame — and for a source of recovery when the debtors’ assets are not sufficient. Claims against directors and officers — often alleging conflicts of interest or second-guessing business judgments — can serve both purposes, and the existence of insurance coverage makes these claims even more attractive. This panel will discuss D&O claims from both the estates' and defendants’ perspectives, and will review recent case law you need to know about if you are involved in a D&O litigation.

Michael L. Bernstein, Moderator

Arnold & Porter LLP; Washington, D.C.

Hon. Kevin Huennekens

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

Hon. Christopher S. Sontchi

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

Hon. S. Martin Teel, Jr.

U.S. Bankruptcy Court (D. D.C.); Washington, D.C.

Dion Hayes, Facilitator

McGuire Woods LLP; Richmond

11:45 a.m.-1:00 p.m.

Working Lunch: Breakouts 1-3

Sponsored by Pachulski Stang Ziehl & Jones LLP

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 judicial faculty.

1:00-2:00 p.m.

Great Debates

Craig Goldblatt, Moderator

WilmerHale; Washington, D.C.

Resolved: Third party releases should never be permitted.

Pro: Hon. Michael E. Wiles

U.S. Bankruptcy Court (S.D.N.Y.); New York

Con: Hon. Mary Grace Diehl

U.S. Bankruptcy Court (N.D. Ga.); Atlanta

Resolved: Jevic does not apply to gifting.

Pro: Norman N. Kinel

Squire Patton Boggs; New York

Con: Nan Eitel

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

2:00-3:00 p.m.

Special Issues Involving LLC

This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.

Martin J. Bienenstock, Moderator

Proskauer; New York

Hon. Kevin J. Carey

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

Hon. Rosemary Gambardella

U.S. Bankruptcy Court (D. N.J.); Newark, N.J.

Hon. Michelle Harner 

U.S. Bankruptcy Court (D. Md.); Baltimore 

Hon. Marvin Isgur

U.S. Bankruptcy Court (S.D. Texas); Houston

Cecily A. Dumas, Facilitator

Pillsbury Winthrop Shaw Pittman LLP; San Francisco

3:00-3:30 p.m.

Networking Break

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

3:30-4:30 p.m.

Tech Tock, Tech Tock: New Technologies and the Countdown to Your Ethical Demise

Social media and other new technologies are part of the legal landscape, and it’s all charging forward — but the ethics rules are struggling to keep up. Sure, there are obvious concerns that everyone is talking about (like confidentiality (Rule 1.1)), but there are hidden hazards that few people consider (trial publicity (Rule 3.6) concerns — really?). Join “the CLE Performer” Stuart Teicher and legal ethics counsel Erika Stillabower as they discuss ethics opinions from across the country, and their impact on Rules 1.3 (diligence) and 7.2 (advertising), in a substantive-but-amusing manner.

Erika Stillabower 

The District of Columbia Bar; Washington, D.C.

Stuart I. Teicher 

Georgetown University Law Center; Washington, D.C.

4:30-5:30 p.m.

Cocktail Reception


To view the full program brochure, click here

Conference Information

Hotel Reservations

A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 16-17, 2017, and will be honored until Monday, September 18, 2017. These rooms will be held as a blockon a first-come, first-served basis until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy: Views from the Bench/Georgetown CLE or click here 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
Room Rate: $285 per night
The hotel is approximately two blocks from the Law Center.


Speakers are subject to change.

Services for People with Special Needs or Dietary Restrictions

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


Please apply online at, or submit written requests by 5:00 p.m. on September 26, 2017, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., N.W., 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 26, 2017. No refunds will be made if notice is received after September 16, although substitutions will be allowed. After September 26, upon written request, a coupon for 20% off the registration fee 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) and 7.2 CLE credits (based on a 50-minute hour). 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

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,

Course Level

Overview, group live, no prerequisites or advanced preparation required; Up to 7.0 CPE cred­its, including credits in Specialized Knowledge and Regulatory Ethics.

Program Location


Georgetown University Law Center

Hart Auditorium, First Floor

600 New Jersey Avenue, NW

Washington, DC 20001


IMPORTANT: All visitors to the Law Center must enter through the second floor entrance facing New Jersey Avenue.

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


Marcparc Parking Garage

601 New Jersey Avenue, NW, Washington, DC 20001

(202) 789-4000

Program Chair

David R. Kuney

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

Advisory Board

Derek Abbott

Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.

Marc Abrams

Willkie Farr & Gallagher LLP; New York

Michael L. Bernstein

Arnold & Porter LLP; Washington, D.C.

Martin J. Bienenstock

Proskauer; New York

Mark D. Collins

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

Melanie L. Cyganowski

Otterbourg P.C.; New York

Mary Joanne Dowd

Arent Fox LLP; Washington, D.C.

Cecily A. Dumas

Pillsbury Winthrop Shaw Pittman LLP; New York

Douglas M. Foley

McGuireWoods LLP; Washington, D.C.

Peter M. 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.

Jason W. Harbour

Hunton & Williams LLP; Richmond, Va.

Gary T. Holtzer

Weil, Gotshal & Manges LLP; New York

Thomas M. Horan

Shaw Fishman Glantz & Towbin LLC; Wilmington, Del.

Laura Davis Jones

Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.

Humayun Khalid

Cleary Gottlieb Steen & Hamilton LLP; New York

Norman N. Kinel

Squire Patton Boggs; New York

Kevin Kobbe

DLA Piper; Baltimore

Jeffrey A. Liesemer

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

Brett H. MIller

Morrison & Foerster LLP; New York

Richard M. Meth

Fox Rothschild LLP; Roseland, N.J.

Erika L. Morabito

Foley & Lardner LLP; Washington, D.C.

Paul M. Nussbaum

Whiteford Taylor Preston, LLP; Baltimore

Cecily A. Dumas

Pillsbury Winthrop Shaw Pittman LLP; New York

David L. Pollack

Ballard Spahr LLP; Philadelphia

Jeffrey S. Sabin

Venable LLP; New York

Michael B. Schaedle

Blank Rome LLP; Philadelphia

Jeffery L. Tarkenton

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

Irving E. Walker

Cole Schotz P.C.; Baltimore

Stephanie Wickouski

Bryan Cave; New York

Donald A. Workman

BakerHostetler; Washington, D.C.


Registration Rates

Registration Rates* Early
(postmarked by 7/21/17)
(7/22/17- 9/15/17)
(after 9/15/17)

ABI Member
Georgetown Law Alumnus
ABI Govt./Academic Member
New ABI Member*
Govt./Academic New ABI Member*

* Includes a one-year ABI membership for first-time members — a $325 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.



Luncheon Sponsor

Pachulski Stang Ziehl & Jones LLP


E-Newsletter Sponsor

Gavin / Solomonese LLC


Morning Break Sponsor



Afternoon Break Sponsor

Skadden, Arps, Slate, Meagher & Flom LLP


General Conference Sponsor

McGuireWoods LLP


Attendee Tote Bag Sponsor

Wilmington Trust