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Winter Leadership Conference December 03 - 04 | Online

ABI’s annual Winter Leadership Conference has been converted to an innovative online format for 2020! Timely and informative educational sessions (including ethics) will be conveniently held in the afternoons of Thursday and Friday (mornings and early afternoons for those on the West Coast), and will include ample networking on both days. Join us from the comfort of your home or office while earning valuable CLE/CPE.

“See” you in December!

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Add to Calendar   2020-12-03 12:00:00 2020-12-04 18:15:00 America/New_York Winter Leadership Conference - Virtual

  • Welcome & Networking

    Sponsored by Development Specialists, Inc.

    Development Specialists, Inc. logo
  • Plenary Session

    Hot Topics with Bill Rochelle

    What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

  • Break

    A virtual performance by The Sweethearts will deliver all your favorite malt shop oldies and holiday music, with a little sugar and a whole lot of rock 'n roll, during this break sponsored by Sherwood Partners, Inc. Bring the family along to a screen near you for a whole lot of fun!

    Sponsored by Sherwood

    Sherwood logo
  • Concurrent Sessions (3)

    Anatomy of a Pharmaceutical Bankruptcy Case

    Presented by the Commercial and Regulatory Law & Financial Advisors and Investment Bankers Committees

    This panel will present a primer on the U.S. pharmaceutical industry, focusing on the typical capital structures of pharmaceutical/development companies versus in-pipeline companies. The panelists will examine the factors leading to the recent surge in pharmaceutical bankruptcy cases and their outcomes/resolutions, as well as § 363 sales of pharmaceutical companies’ assets and restructurings. Opiate bankruptcy cases such as Purdue and Mallinckrodt will be highlighted, as will ancillary issues that arise in pharmaceutical bankruptcy cases, such as product recalls, regulatory issues (such as with the FDA) and IP licensing issues.

     

    Navigating Distressed Investing, Sales and Technology: Protecting Your Sale Process, Your Investments and Your Hide

    Presented by the Emerging Industries and Technology & Secured Credit Committees

    This panel will explore and navigate distressed-investing issues relating to sales of technology and IP under § 363, and buyer identification in a virtual landscape.

     

    Witness Preparation: A Roundtable Discussion

    Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.

  • Break

    A virtual performance by The Sweethearts will deliver all your favorite malt shop oldies and holiday music, with a little sugar and a whole lot of rock 'n roll, during this break sponsored by Sherwood Partners, Inc. Bring the family along to a screen near you for a whole lot of fun!

    Sponsored by Sherwood

    Sherwood logo
  • Concurrent Sessions (3)

    Peace Bridge, or Bridge of Sighs: Cross-Border Mediation of Insolvency-Related Disputes

    Presented by the Mediation and International Committees

    Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.

     

    “Too Many Hats”: The Peculiar Problems and Challenges that Arise When an Equity Sponsor/Secured Lender Are DIP Lender/Stalking-Horse Buyer in a Chapter 11 Case

    This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/recharacterization concerns, committee challenges to liens and bidding procedures.

     

    A Catch-22: Dilemmas for Landlords in the Era of COVID-19

    Presented by the Real Estate and Unsecured Trade Creditors Committees

    This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

  • Networking Happy Hour

    Sponsored by Polsinelli

    Polsinelli logo
  • Partners

 

  • Plenary Session

    Judicial Round-and-Round

    In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

  • Break

  • Concurrent Sessions (4)

    But I’m Afraid of Needles: The Sale of Health Care Assets

    Presented by the Health Care & Asset Sales Committees

    This panel will discuss various issues and challenges accompanying sales of health care assets, including factors to consider in determining whether or not a sale is the best alternative. Such factors include the role of regulatory authorities, political challenges, reimbursement issues, issues related to urban vs. rural facilities, the evolution of the health care business, and best practices in navigating such challenges.

     

    Sponsored by BakerHostetler

    Baker & Hostetler LLP logo

     

    Consumer Commission Report: Top 10 Wish List

    Presented by the Consumer Bankruptcy & Legislation Committees

    This panel will focus on the top 10 items that came out of the ABI Commission on Consumer Bankruptcy’s Final Report, released in 2019.

     

    Opportunities and Challenges Associated with Early-in-the-Case § 363 Sales

    This session will review the unique issues involved with early and quick § 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.

     

    Bankruptcy Time Travel: Can Debtors Obtain Nunc Pro Tunc Relief and Delay Post-Petition Rent Payments into the Future (Pending the Pandemic and Beyond)?

    Presented by the Business Reorganization and Bankruptcy Litigation Committees

    This panel will focus on two important issues that have arisen during the COVID-19 pandemic: The availability of nunc pro tunc orders in the wake of Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, __ S. Ct. __, No. 18-921, 2020 WL 878715 (Feb. 24, 2020), and the battle between landlords and debtors across the country regarding the deferral of rent pending the pandemic and beyond the period authorized by the Bankruptcy Code.

  • Break

  • Concurrent Sessions (3)

    Do This, Not That: Ethics Roundtable

    Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

     

    Money Talks: Getting Retained and Paid (Ethically) by the Bankruptcy Estate

    Presented by the Young and New Members & Ethics and Professional Compensation Committees

    You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement. The session will also discuss recent decisions that could fundamentally affect how professionals are retained — including the use of the so-called “Jay Alix Protocol” and whether nunc pro tunc is still viable.

     

    Fraud and the Implications for Claims Trading and Plans

    Presented by the Claims Trading and Commercial Fraud Committees

    A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.

  • Networking Happy Hour

  • Partners

Conference Rates

ABI Member & Non-member: $295

Cancellation Policy

No refunds will be granted for this online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.

Anti-Harassment Policy

The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery is not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at: https://www.abi.org/about-us/bylaws-and-policies.

This program is eligible for 8.75 hours of general CLE credit, including 1.25 hours of ethics, in states calculating CLE on a 60-minute hour, and 10.5 hours of general CLE credit, including 1.5 hours of ethics, 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 8.75 hours, including 1.25 hours of ethics. 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 10.5 credit hours, of which 1.5 credit hours can be applied toward the professional practice requirement and 1 credit hour can be applied toward the ethics professionalism requirement. States typically decide whether a program qualifies for MCLE credit in their jurisdictions 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules.

10.5 hours of CPE credit, including 1.5 hours of behavioral ethics, are also available.

Instructional Delivery Method: Group Live delivered online due to COVID-19.

* 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.

When and how can I access the virtual conference?

Registered attendees will receive a link via email to the attendee website 48 hours before the first session begins. The link will be sent to the email address you used to register for the program, and this is how you will access all of the conference content. You’ll use the same link each day to access the attendee website for the live conference and whenever you choose to view the on-demand content.

What if I don't receive the link?

Contact [email protected], and a member of the ABI team can provide you with one.

Can I share this link with others?

As with in-person meetings, registrations cannot be shared. The registration provides a secure single sign-on experience for the user.

How much time should I expect to be online during the event days?

The virtual workshop takes place over about 3.5 hours in the afternoon on both Thursday and Friday. During breaks from the live sessions, you can visit other areas of the conference, such as the Attendee Lounge.

Are there any specific technology requirements?

You will be able to access the program sessions without downloading any plug-ins or software. However, for best results, we recommend that you use Google Chrome, Mozilla Firefox and Chromium Edge to access the sessions. The program will not be available on a mobile/cell phone (iPhone, Android, Blackberry), but can be accessed through laptop, desktop (PC or Mac) and certain other mobile devices (Surface Pro, iPad).

What are the suggested web browser prerequisites?

Internet Explorer 10 or higher
Chromium Edge 80 or higher
Google Chrome 53.0.2785 or higher
Safari 10.0.602.1.50 or higher
Firefox 76 or higher
Note: Mobile web browsers are not supported.