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Sessions

Event Information 281850

Wednesday, March 18

8:00-9:00 a.m.

Breakfast and Registration

9:00-9:15 a.m.

Welcome by Conference Leadership

9:15-10:30 a.m.

Plenary Session

The Great Divide: Overview of Circuit Splits on Current Issues

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country, including debt recharacterization, equitable mootness, U.S. Trustee quarterly fees, In re Till, jurisdiction over claims/issues arising around the Social Security Act, and sufficiency of collateral descriptions in UCC-1 financing statements. Do you know where your circuit stands on these issues?

Hon. William J. Lafferty, III, Moderator

U.S. Bankruptcy Court (N.D. Cal.); Oakland

Amir Gamliel

Perkins Coie LLP; Los Angeles

David B. Golubchik

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

Kenneth P. Kansa

Sidley Austin LLP; Chicago

Jordana L. Renert

Arent Fox LLP; New York

10:30-10:45 a.m.

Break

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

Concurrent Sessions (2)

How State LLC and Partnership Acts May Limit the Estate’s Rights to Manage, Control and Sell

This panel will discuss the conflict between state LLC and partnership acts and the Bankruptcy Code, and how those state acts might impact the rights of the estate, including the right to manage and control LLCs and partnerships, and the right to sell interests in LLCs and partnerships. The panel will discuss the implications of court decisions treating LLC operating agreements and partnership agreements as executory contracts, and court decisions treating rights of first refusal, buyout rights and other ipso facto provisions (such as removal of the debtor as the manager upon bankruptcy) as enforceable in bankruptcy.

Hon. Deborah J. Saltzman, Moderator

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

Ted A. Dillman

Latham & Watkins; Los Angeles

David M. Guess

Greenberg Traurig, LLP; Irvine, Calif.

Roye Zur

Landau Gottfried & Berger LLP; Los Angeles

Intellectual Property and the Entertainment Industry: Tempnology and Beyond

In Tempnology, the U.S. Supreme Court addressed the effect of a licensor rejecting a trademark license and held that the rejection of an executory contract does not constitute a rescission of the agreement. This panel will discuss the bases and rationales for the Court’s holding in Tempnology, the potential impact of the decision on the treatment of intellectual property, and other novel rejection, assumption, sale and assignment issues relating to entertainment assets in bankruptcy.

Paul R. Glassman, Moderator

Stradling Yocca Carlson & Rauth, P.C.; Santa Monica

Brian L. Davidoff

Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles

Michael T. Delaney

Robins Kaplan LLP; Los Angeles

Joshua Pichinson

AgencyIP; Santa Clara

12:00-12:30 p.m.

Luncheon

12:30-1:15 p.m.

Keynote Presentation

Recession in 2020

Will 2020 mark the end of the longest expansion in U.S. post-WWII history? What sectors will be hit the hardest? Will this be a mild recession? The data point to some answers from the Federal Reserve. They also give us solid clues as to the ultimate dislocation associated with U.S. foreign trade policy, particularly with respect to China.

Dr. Jerry Nickelsburg

UCLA Anderson School of Management; Los Angeles

1:30-2:45 p.m.

Concurrent Sessions (2)

Sales of Health Care Entities in Bankruptcy

The health care industry is financially challenged nationally, and California has had its fair share of health care industry bankruptcy cases in the past five years. Most of these cases result in a sale of all or substantially all assets under § 363. However, sales of health care industry assets raise many unique issues and complicate familiar issues. For example, half of the U.S.’s hospitals are nonprofit, and the intersection of the Bankruptcy Code’s rules for sales of nonprofit assets, California laws related to the sales of nonprofit health care entities, and the Bankruptcy Code and Bankruptcy Rules dealing with § 363 sales generally create a morass not found in the sales of other assets. What happens if the highest bid is not the “best” bid in terms of continuing a facility’s charitable mission? How does one evaluate the best bid when comparing bids that may have very different uses for the facility? This panel will explore these and other unique issues that arise in the bankruptcy sale of a health care entity.

Rebecca J. Winthrop, Moderator

Norton Rose Fulbright US LLP; Los Angeles

Hon. Scott C. Clarkson

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

Elan Levey

United States Attorney's Office; Los Angeles

Samuel R. Maizel

Dentons; Los Angeles

Andrew H. Sherman

Sills Cummis & Gross P.C.; Newark, N.J.

Lessons Learned from PG&E

The PG&E bankruptcy cases have involved a number of novel issues and conflicting perspectives. This panel will explore and discuss the battles fought and lessons learned in one of the most significant California bankruptcy cases in recent times.

Mary Ann Kaptain, Moderator

FTI Consulting, Inc.; Los Angeles

Gregory A. Bray

Milbank LLP; Los Angeles

Cecily A. Dumas

BakerHostetler; Los Angeles

Alan W. Kornberg

Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York

Jeffrey M. Reisner

McDermott Will & Emery; Los Angeles

2:45-3:00 p.m.

Break

3:00-4:15 p.m.

Plenary Session

Crossfire

This panel will be conducted in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions.

Paul D. Buie, Moderator

Onyx Asset Advisors; Los Angeles

Hon. Martin R. Barash

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

Hon. Neil Bason

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

Hon. Sheri Bluebond

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

J. Scott Bovitz

Bovitz & Spitzer; Los Angeles

Hon. Julia W. Brand

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

Leslie Cohen

Leslie Cohen Law PC; Santa Monica

Caroline R. Djang

Best Best & Krieger LLP; Irvine

Robbin L. Itkin

DLA Piper; Los Angeles

William N. Lobel

Pachulski Stang Ziehl & Jones; Los Angeles

Corey R. Weber

Brutzkus Gubner; Woodland Hills

Hon. Scott H. Yun

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

Hon. Vincent P. Zurzolo

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

4:15-6:00 p.m.

Reception

 

Co-Chairs

Kyra E. Andrassy

Smiley Wang-Ekvall, LLP; Costa Mesa

Randye B. Soref

Polsinelli LLP; Los Angeles

Judicial Chair

Hon. Deborah J. Saltzman

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

Advisory Board

Erin N. Brady

Hogan Lovells; Los Angeles

Paul D. Buie

Onyx Asset Advisors; Los Angeles

Anthony R. Calascibetta

EisnerAmper LLP; Iselin, N.J.

Leslie Cohen

Leslie Cohen Law PC; Santa Monica

Brian L. Davidoff

Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles

Michael T. Delaney

Robins Kaplan LLP; Los Angeles

Caroline R. Djang

Best Best & Krieger LLP; Irvine

Uchechi Egeonuigwe

Brown Rudnick LLP; New York

John-Patrick M. Fritz

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

Amir Gamliel

Perkins Coie LLP; Los Angeles

Paul R. Glassman

Stradling Yocca Carlson & Rauth, P.C.; Santa Monica

Eric Goldberg

DLA Piper; Los Angeles

Seth Goldman

Munger, Tolles & Olson LLP; Los Angeles

Richard H. Golubow

Winthrop Couchot Golubow Hollander, LLP; Newport Beach

David M. Guess

Greenberg Traurig, LLP; Irvine, Calif.

Christopher V. Hawkins

Sullivan Hill Rez & Engel, APLC; San Diego

J. Michael Issa

GlassRatner Advisory & Capital Group LLC; Irvine

Thomas P. Jeremiassen

Development Specialists, Inc.; Los Angeles

Lance N. Jurich

Loeb & Loeb LLP; Los Angeles

Mary Ann Kaptain

FTI Consulting, Inc.; Los Angeles

Haig M. Maghakian

Glendon Capital Management LP; Los Angeles

Samuel R. Maizel

Dentons; Los Angeles

Kyle J. Mathews

Sheppard, Mullin, Richter & Hampton LLP; Los Angeles

Jennifer E. Mercer

Paladin Management Group; Los Angeles

Byron Z. Moldo

Ervin Cohen & Jessup LLP; Beverly Hills

Samuel Newman

Sidley Austin LLP; Los Angeles

Aram Ordubegian

Arent Fox LLP; Los Angeles

Kimberly A. Posin

Latham & Watkins; Los Angeles

Robert O. Riiska

SierraConstellation Partners LLC; Los Angeles

Jason Rosell

Pachulski Stang Ziehl & Jones; San Francisco

Victor A. Sahn

SulmeyerKupetz; Los Angeles

Leonard M. Shulman

Shulman Hodges & Bastian LLP; Irvine

Robyn B. Sokol

Brutzkus Gubner; Los Angeles

Susan P. Tomlinson

Crowe LLP; Los Angeles

Travis Vandell

Stretto; Irvine

Nellwyn Voorhies

Donlin, Recano & Company, Inc.; New York

Genevieve G. Weiner

Sidley Austin LLP; Los Angeles

Roye Zur

Landau Gottfried & Berger LLP; Los Angeles

 

Partners

Bankruptcy Battleground West 2020 Sponsors

BakerHostetler Development Specialists, Inc. Dorsey & Whitney FTI Consulting, Inc.

Conference Information

Hotel

Montage Beverly Hills
225 N. Canon Drive
Beverly Hills, CA 90210

 

ABI does not reserved a block of rooms at the Montage Beverly Hills. To make a reservation, please contact the hotel directly at (310) 860-7800; book early to receive the best rate available.

Transportation

Parking Information

Event valet parking is available at the Montage Beverly Hills for $18 USD daily.

Airport

Air: Montage Beverly Hills is approximately 12 miles away from the Los Angeles International Airport (LAX).

ADA

Please let us know how we can help you fully participate in the meeting at 703-739-0800 or by emailing Erin Finnegan at efinnegan@abiworld.org.

Dietary Restrictions

If you have a dietary restriction please bring it to our attention so that it can be accommodated by calling 703-739-0800 or emailing Erin Finnegan at efinnegan@abiworld.org. Requests must be made at least two weeks prior to the event.

Conference Attire

Attire is business casual, please bring a sweater or jacket in case the temperature in the meeting room gets cold.

Disclaimer

Speakers are subject to change.

Continuing Education Credit

This program is eligible for 6.25 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit in 50-minute-hour states. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules and might not be approved prior to the program. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.25 hours. NY MCLE: This course or program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.5 credit hours, of which 7.5 credit hours can be applied toward the professional practice requirement.

7.5 hours of CPE credit are also available.

* ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of 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 submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.

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. For information on tuition assistance, send an e-mail to efinnegan@abiworld.org.

Conference Rates

Registration Rates

Early 
(by 1/3/20)

Regular 
(1/4/20-2/28/20)

Late 
(after 2/28/20)


ABI Member $445 $495 $545
Join ABI and Save* $770 $820 $870

Gov’t./Aca./Nonprofit ABI Member

$225 $275 $325

Gov’t./Aca./Nonprofit New ABI Member*

$350 $400 $450

* Includes a one-year ABI membership for first-time members — a $350 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by February 26, 2020. No refunds will be granted after February 26, but substitutions will be allowed. After February 26, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

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