Newsletter of the ABA Business Law Section Business Bankruptcy Committee
The World's Largest Organization of Bankruptcy Restructuring Lawyers
  Business Bankruptcy Newsletter
Patricia A. Redmond
Chair, Committee on Business Bankruptcy
Join the Committee Online
Programs Sponsored by the Business Bankruptcy Committee at the 2013 Spring Section Meeting in Washington, D.C.
  CHAPTER 11 SUBCOMMITEE LUNCH
  SECURED CREDITORS SUBCOMMITTEE LUNCH
  The Anatomy of a Workout
  Hit the Road, Jack: Recent Decisions Involving Transfer of Bankruptcy Venue
  2013 Update on Bankruptcy Issues Affecting Partnerships and Limited Liability Entities in Bankruptcy
  Did Congress Get it Right with the Patient Care Ombudsman?
  Current Developments
  Chapter 11 Asset Sales Where Cash Isn't the Only Consideration: What's The Government Go To Do With It?
  All That You Can't Leave Behind: Law Firm Insolvencies, the Unfinished Business Rule and its Impact on Business Lawyers

Programs Presented in conjunction with the Young Lawyer Institute and Sponsored or Co-Sponsored by the Business Bankruptcy Committee
  What Every Business Lawyer Should Know About Bankruptcy
  The Developing World of Bankruptcy Litigation: A Case Study of Madoff
  Make Sure It's Worth Something If You're Going to Fight About It: Litigating Valuation Issues

Submit Articles for the Business Bankruptcy Committee Newsletter

Editorial Board:
Marvin C. Ruth
    Editor-in-Chief
    Lewis and Roca LLP
    mruth@lrlaw.com
Natalie B. Daghbandan
    Editor
    Bryan Cave LLP
    natalie.daghbandan@bryancave.com


WANT TO...



   
Programs Sponsored by the Business Bankruptcy Committee at the 2013 Spring Section Meeting in Washington, D.C.

COMING UP AT THE SPRING MEETING
APRIL 4-6, 2013
WASHINGTON D.C.

Programs Sponsored or Co-Sponsored by the Business Bankruptcy Committee
In conjunction with the ABA Business Law Section Spring Meeting



PROGRAM: CHAPTER 11 SUBCOMMITEE LUNCH: Getting the Deal Done: Closing Sales by Distressed Companies in Bankruptcy, Focusing on Regulatory (antitrust/competition) and Intellectual Property Issues and Challenges
Thursday, April 4, 2013, 12:30PM - 2:30PM

Sponsored by the Chapter 11, Business Transactions, and Bankruptcies, IP and Technology Subcommittees of the Business Bankruptcy Committee

Program Co-chairs: Corinne Ball, Jones Day, New York, NY; Sheryl E. Seigel, McMillan LLP, Toronto, ONT; Mark S. Chehi, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Margery N. Reed, Duane Morris LLP, Philadelphia, PA; John R. Knapp, Jr., Miller Nash LLP, Seattle, WA; David Fournier, Pepper Hamilton LLP, Wilmington, DE
Moderator: Sheryl E. Seigel, McMillan LLP, Toronto, ONT
Speakers: Leianne S. Crittenden, Oracle Financing Division, Oracle Corporation, Inc., Redwood Shores, CA; Robert L. Eisenbach III, Cooley LLP, San Francisco, CA; David Berten, Global IP Law Group, LLC, Chicago, IL; James A. Keyte, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY; Lisa Laukitis, Jones Day, New York, NY
Meeting Materials Coordinator: Natalie B. Daghbandan, Bryan Cave, LLP, Irvine, CA

Focusing on challenges, concerns and strategies relating to regulatory (antitrust/competition) and IP issues in distressed M&A transactions, this is a must attend program for business law, bankruptcy and IP attorneys who want to know more about how regulatory and IP issues can impact on completing a deal in the unique environment of a Chapter 11 bankruptcy case.

See a brief summary of the Chapter 11 Lunch presentation.



PROGRAM: SECURED CREDITORS SUBCOMMITTEE LUNCH: What's Fair is Fair--Equitable Considerations and Judicial Discretion Affecting the Enforcement of Secured Claims in Chapter 11 Cases
Thursday, April 4, 2013, 12:30PM - 2:30PM

Sponsored by the Secured Creditors, Use & Disposition of Property, and Claims & Priorities Subcommittees of the Business Bankruptcy Committee, as well as the Secured Transactions Subcommittee of the Uniform Commercial Code Committee and the Commercial Finance Committee

Program Co-chairs: Susan M. Freeman, Lewis and Roca LLP, Phoenix, AZ; Michael H. Reed, Pepper Hamilton LLP, Philadelphia, PA
Moderator: Lawrence G. McMichael, Dilworth Paxson LLP, Philadelphia, PA
Speaker: Richard L. Goldfarb, Stoel Rivas LLP, Seattle, WA; Regina Stango Kelbon, Blank Rome LLP, Philadelphia, PA; Kevyn D. Orr, Jones Day, Washington, D.C.; Deborah Kovsky-Apap, Pepper Hamilton LLP, Southfield, MI;

Panel will discuss allowance of default rate interest, defeasance fees and prepayment penalties against solvent and insolvent estates; disallowance of credit bidding "for cause"; automatic stay relief; limiting post-petition effect of security interest based on "equities of the case"; equitable considerations in post-petition financing; and excusing turnover of property by custodian appointed at secured creditor's request.



PROGRAM: The Anatomy of a Workout
Thursday, April 4, 2013, 2:30PM - 4:30PM

Sponsored by the Litigation and Use & Disposition of Property Subcommittees of the Business Bankruptcy Committee and the Gaming Law Committee of the Business Law Section

Program Co-chairs: Cori Lopez-Castro, Kozyak Tropin & Throckmorton, P.A., Miami, FL
Moderator: Michael L. Bernstein, Arnold & Porter, LLP, Washington, D.C.
Speakers: James Howard, GlassRatner, Atlanta, GA; Donald Kirk, Fowler White Boggs, P.A., Tampa, FL; Elena Ketchum, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL
Program Materials Coordinator: Donald Kirk, Fowler White Boggs, P.A., Tampa, FL

This diverse panel will discuss the ins and outs of a business or commercial real estate work out. The panel will include perspectives from the lender, borrower and Chief Restructuring Officer. The discussion will include consideration of non-legal matters, such as motivations that drive work-outs, third party influences to negotiations, and current trends in the marketplace.



PROGRAM: Hit the Road, Jack: Recent Decisions Involving Transfer of Bankruptcy Venue
Friday, April 5, 2013, 8:00 AM - 9:30 AM

Sponsored by the Administration & Courts Subcommittee of the Business Bankruptcy Committee

Program Co-chairs: Sandra A. Riemer, Phillips Nizer LLP, New York, NY; Sidney P. Levinson, Jones Day, Los Angeles, CA
Moderator: Sidney P. Levinson, Jones Day, Los Angeles, CA
Speakers: Nan R. Eitel, Executive Office for U.S. Trustees, Washington, D.C.; Robert S. Brady, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE
Meeting Materials Coordinator: Jason R. Wolf, Jones, Day, Los Angeles, CA

The panel will discuss recent court decisions in Patriot Coal and Houghton Mifflin granting motions to transfer venue, and the potential impact of those decisions in other bankruptcy proceedings.



PROGRAM: 2013 Update on Bankruptcy Issues Affecting Partnerships and Limited Liability Entities in Bankruptcy
Friday, April 5, 2013, 9:30 AM - 10:30 AM

Sponsored by the Partnership and Limited Liability Entities in Bankruptcy Subcommittee of the Business Bankruptcy Committee

Program Co-chairs: Kyung S. Lee, Diamond McCarthy LLP, Houston, TX; Michael D. Rubenstein, Liskow & Lewis, Houston, TX
Moderator: Kyung S. Lee, Diamond McCarthy LLP, Houston, TX
Speakers: Michael D. Rubenstein, Liskow & Lewis, Houston, TX

This Panel will discuss new cases affecting partnerships and limited liability entities in bankruptcy cases.



PROGRAM: Did Congress Get it Right with the Patient Care Ombudsman?
Friday, April 5, 2013, 10:30 AM - 12:30 PM

Sponsored by the Healthcare and Nonprofits in Bankruptcy Subcommittee of the Business Bankruptcy Committee

Program Co-chairs: Jean R. Robertson, Beck Aluminum Corporation, Mayfield Heights, OH; Andrew M. Troop, Pillsbury Winthrop Shaw Pittman LLP, New York, NY
Moderator: Andrew M. Troop, Pillsbury Winthrop Shaw Pittman LLP, New York, NY
Speakers: Timothy M. Lupinacci, Baker Donelson Bearman, Caldwell & Berkowitz, PC, Birmingham, AL; Suzanne Koenig, SAK Management Services, LLC, Northfield, IL; Nancy Peterman, Greenberg Traurig LLP, Chicago, IL; Daniel McMurray, Focus Management Group, Tampa, FL; Samuel R. Maizel, Pachulski Stang Ziehl & Jones LLP, Los Angeles, CA; Judy Robbins, Office of the United States Trustee, Houston, TX; Roberta DeAngelis, Office of the United States Trustee, Newark, NJ; Megan Cummins, McKinsey & Company, New York, NY; Judy Ciyou, Sak Management Services, LLC, Northfield, IL
Meeting Materials Coordinator: Jean R. Robertson, Beck Aluminum Corporation, Mayfield Heights, OH

BAPCPA created the role of Patient Care Ombudsman for health care businesses, and along with it, a whirl wind of activity. More than 7 years later, we are looking back to see if Congress got it right or missed the mark. With the ability to look back, we ask did the PCO provisions go too far or not far enough in giving patients a voice in the restructuring process?



PROGRAM: Current Developments
Friday, April 5, 2013, 2:30 PM - 4:00 PM

Sponsored by the Task Force on Current Developments of the Business Bankruptcy Committee

Program Co-chairs: Martin J. Bienenstock, Proskauer Rose LLP, New York, NY; Judith W. Ross, Baker Botts L.L.P., Dallas, TX
Moderator: Martin J. Bienenstock, Proskauer Rose LLP, New York, NY
Speakers: Martin J. Bienenstock, Proskauer Rose LLP, New York, NY; Michael R. Enright, Robinson & Cole, LLP, Hartford, CT; Christopher Combest, Quarles & Brady LLP, Chicago, IL; Monique D. Hayes, Genovese Joblove & Battista PA, Miami, FL; Robert B. Millner, SNR Denton, Chicago, IL
Meeting Materials Coordinator: Judith W. Ross, Baker Botts L.L.P., Dallas, TX

In this highly popular program, Martin Bienenstock will lead a panel discussion of case law developments in Chapter 11 and other cases in the last six months.



PROGRAM: Chapter 11 Asset Sales Where Cash Isn't the Only Consideration: What's The Government Go To Do With It?

Saturday, April 6, 2013, 8:00 AM - 10:00 PM

Co-Sponsored by the Trust Indentures and Indenture Trustees Committee, the Health Law and Life Sciences Committee, and the Business Bankruptcy Committee

Program chairs: Mark F. Hebbeln, Program Chair



PROGRAM: All That You Can't Leave Behind: Law Firm Insolvencies, the Unfinished Business Rule and its Impact on Business Lawyers
Saturday, April 6, 2013, 10:30 AM - 12:30 PM

Co-Sponsored by the Business Bankruptcy Committee and the LLC's, Partnerships and Unincorporated Entities Committee

Program Chairs: Jessica D. Gabel, Georgia State University School of Law, Atlanta, GA; Paul R. Hage, Jaffe Raitt Heuer & Weiss, P.C., Detroit, MI
Moderator: Jessica D. Gabel, Georgia State University College of Law, Atlanta, GA
Speakers: Paul R. Hage, Jaffe Raitt Heuer & Weiss, P.C., Detroit, MI; David Lat, Above the Law, New York, NY; Hon. Randall J. Newsome (Ret.), JAMS, San Francisco, CA; Gerald V. Niesar, Niesar & Vestal, LLP, San Francisco, CA; Albert Togut, Togut, Segal & Segal, LLP, New York, NY
Program Materials Coordinator:Ashley Worrell, George State University School of Law, Atlanta, GA

This program will discuss the recent wave of law firm bankruptcy filings including the notable filing by Dewey & Leboeuf in 2012. The panel will discuss the reasons why several firms have gotten into financial trouble and will discuss the litigation, including claims under the so-called "unfinished business doctrine", that has arisen in subsequent bankruptcy cases.



back to top ↑

Programs Presented in conjunction with the Young Lawyer Institute and Sponsored or Co-Sponsored by the Business Bankruptcy Committee

INSTITUTE PROGRAM: What Every Business Lawyer Should Know About Bankruptcy
Saturday, April 6, 2013, 9:00 AM - 10:30 AM

Sponsored by the Business Bankruptcy Committee
Program chair: Monique D. Hayes, Genovese Joblove & Battista PA, Miami, FL



INSTITUTE PROGRAM: The Developing World of Bankruptcy Litigation: A Case Study of Madoff
Saturday, April 6, 2013, 10:30 AM - 12:00 PM

Co-Sponsored by the Business Bankruptcy Committee and the Business Law Fellows, Ambassadors and Diplomats
Program chair: Natacha Carbajal, Baker Hostetler, New York, NY



INSTITUTE PROGRAM: Make Sure It's Worth Something If You're Going to Fight About It: Litigating Valuation Issues
Saturday, April 6, 2013, 3:00 PM - 4:30 PM

Co-Sponsored by the Business Bankruptcy Committee and Business and Corporate Litigation Committee
Program chair: Jeffrey M. Sklarz, Convicer, Percy & Green, LLP, Glastonbury, CT



back to top ↑

Submit Articles for the Business Bankruptcy Committee Newsletter
The Business Bankruptcy Committee invites you to submit articles for possible publication in future issues. The articles do not need to be long or in-depth, and it is a great way to get involved in the Business Bankruptcy Committee. Articles can survey the law nationally or locally, discuss particular business bankruptcy issues, or examine a specific case. If you are interested in submitting an article, please contact Newsletter Editor-in-Chief Marvin Ruth at mruth@lrlaw.com or Editor Natalie Daghbandan at natalie.daghbandan@bryancave.com.


back to top ↑

 
You are receiving this Committee Newsletter because you are a member of the ABA Business Law Section Business Bankruptcy Committee.
To opt-out of this publication, please visit the ABA Subscription Portal.
*        *        *
Your e-mail address will only be used within the ABA and its entities. We do not sell or rent e-mail addresses to anyone outside the ABA.
Update your profile | Manage your publication/email preferences | Unsubscribe | Privacy Policy | Contact Us

American Bar Association: 321 N Clark | Chicago, IL 60654 | 800-285-2221
Business Law Section: 312-988-5588 | Section Staff | businesslaw@americanbar.org | www.ababusinesslaw.org
Copyright © 2012