Bankruptcy 2016: Views from the Bench

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Bankruptcy 2016: Views from the Bench offers a unique opportunity for bankruptcy practitioners to hear from 18 bankruptcy judges during a full day of high-quality CLE and networking opportunities. The theme of this year’s program is both a pragmatic and philosophical examination of the systematic and existential “threats” to the historical way the bankruptcy system has functioned, including structured dismissals, equitable mootness, gifting, successor liability, RSAs, and costs and legal fees. Is there a “shadow” bankruptcy system, prompted in part by hedge funds and equity funds, that seeks ways to dominate and expedite the process, perhaps in the name of greater efficiency? Are clients, especially in the middle market, reluctant to use the bankruptcy system because it is too expensive, with no way to appeal bad results? Should judges be using the Chapter 11 Commission Report as an agent for change by adopting its recommendations or admonishing the bar to implement the changes?

We will also reflect on the system today, and how it is functioning “on the ground.” Have parts of the process gone “over the top,” and if so, should they be re-balanced? What strategies do we need to know to practice effectively in this environment? Finally, without effective appellate relief (the equitable mootness problem), is there any way to redress this?

Two great debates will be the centerpiece. Craig Goldblatt (WilmerHale) will debate Hon. Kevin J. Carey over the use of structured dismissals, especially where the settlement is not consistent with the absolute priority rule. Hon. Robert E. Gerber (ret.) will debate William Weintraub (Goodwin Procter) on whether asset sales under § 363 should lawfully be free and clear of successor-liability claims.

The conference also features small group lunchtime breakout sessions with the morning topics’ judges and speakers, creating an interactive learning environment. We look forward to seeing you there!

Sessions

Friday, October 7

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.

Amy A. Quackenboss, Deputy Executive Director

American Bankruptcy Institute; Alexandria, Va.

8:30-9:30 a.m.

What’s Wrong with Chapter 11?

This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.

Deryck A. Palmer, Moderator

Pillsbury Winthrop Shaw Pittman 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. Kevin Gross

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

Stephanie Wickouski, Facilitator

Bryan Cave; New York

9:30-10:30 a.m.

Clean-Up in Aisle 5: Does Bankruptcy Still Work for Retail?

Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.

Martin J. Bienenstock, Moderator

Proskauer; New York

Hon. Kevin R. Huennekens

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

Hon. Michael B. Kaplan

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

Hon. Wendelin I. Lipp

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

David L. Pollack, Facilitator

Ballard Spahr LLP; Philadelphia

10:30-10:45 a.m.

Networking Break

Sponsored by AlixPartners LLP and Loeb & Loeb LLP

10:45-11:45 a.m.

Confirmation and Beyond

This panel will explore a variety of issues related to plan confirmation, including artificial impairment (Village Green I, GP v. Federal National Mortgage Association), cramdown interest rates/subordination/make-whole provisions (MPM Silicones) and third-party releases (Millennium Lab Holdings).

Jay M. Goffman, Moderator

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

Hon. Clifton R. Jessup, Jr.

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

Hon. Laurie Selber Silverstein

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

Hon. Michael E. Wiles

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

Peter M. Friedman, Facilitator

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

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

Paul M. Nussbaum, Moderator

Whiteford Taylor Preston, LLP; Baltimore

Resolved: A structured dismissal that violates the absolute priority rule should never be permitted.

Pro: Craig Goldblatt

WilmerHale; Washington, D.C.

Con: Hon. Kevin J. Carey

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

Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims.

Pro: Hon. Robert E. Gerber (ret.)

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

Con: William P. Weintraub

Goodwin Procter LLP; New York

2:00-3:00 p.m.

Fiduciary Duties: Rights and Wrongs for Directors of Financially Troubled Companies

This panel will delve into recent trends in breach-of-duty litigation against officers and directors, developments in Delaware fiduciary duty case law that bankruptcy lawyers should know about, standing to assert D&O claims, the in pari delicto defense, D&O insurance coverage issues, breach-of-duty claims against lenders, and D&O litigation involving private-equity funds. Cases to be discussed include Liberty State Benefits of Delaware Inc., MF Global Holdings Ltd. and SGK Ventures LLC.

Mark D. Collins, Moderator

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

Chancellor Andre G. Bouchard

Delaware Court of Chancery; Wilmington, Del.

Hon. Sean H. Lane

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

Hon. S. Martin Teel, Jr.

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

Michael L. Bernstein, Facilitator

Arnold & Porter LLP; Washington, D.C.

3:00-3:30 p.m.

Networking Break

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

3:30-4:30 p.m.

Navigating the Roads of Retention in a Post-ASARCO World: Conflicts, Compensation and Other Conundrums

This panel will address a variety of current issues including “disinterestedness” and “the 1% Rule,” attempted workarounds in the aftermath of Baker Botts v. ASARCO LLC and other ethical challenges, along with guidance under various applicable Rules of Professional Conduct, such as rules regarding fees (RPC 1.5), confidentiality (RPC 1.6), conflicts of interest (RPC 1.7) and candor with the court (RPC 3.3).

Erika L. Morabito, Moderator

Foley & Lardner LLP; Washington, D.C.

Hon. Ashely M. Chan

U.S. Bankruptcy Court (E.D. Pa.); Philadelphia

Hon. Robert G. Mayer

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

Hon. Mary F. Walrath

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

Richard M. Meth, Facilitator

Fox Rothschild LLP; Roseland, N.J.

4:30-5:30 p.m.

Cocktail Reception

Sponsored by Development Specialists, Inc.

To view the full program brochure, click here

Program Chair

David R. Kuney

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

Advisory Board

Marc Abrams

Willkie Farr & Gallagher LLP; New York

Derek C. Abbott

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

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 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

Laura Davis Jones

Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.

Humayun Khalid

Cleary Gottlieb Steen & Hamilton LLP; New York

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.

Erika L. Morabito

Foley & Lardner LLP; Washington, D.C.

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

Stephanie Wickouski

Bryan Cave; New York

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 6-7, 2016, and will be honored until Tuesday, September 6, 2016. These rooms will be held as a block on 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 code GLW6) 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: $269 per night
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 30, 2016, 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 16, 2016. No refunds will be made if notice is received after September 16, although substitutions will be allowed. After September 16, 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) 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, www.nasba.org.

Course Level

Overview, group live, no prerequisites or advanced preparation required; 7.2 CPE credits in the Specialized Knowledge and Applications Field of Study Program.

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

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

To view the full program brochure, click here

Breakfast Sponsor

Whiteford Taylor Preston, LLP

Morning Break Sponsors

AlixPartners LLP
Loeb & Loeb LLP

Luncheon Sponsor

Pachulski Stang Ziehl & Jones LLP

Afternoon Break Sponsors

BakerHostetler
Skadden, Arps, Slate, Meagher & Flom LLP

Cocktail Reception Sponsor

Development Specialists, Inc.

General Conference Sponsor

McGuireWoods LLP

To view the full program brochure, click here

Rates

Registration Rates	Early Bird (postmarked by 7/15/16)	Regular (7/16/16-9/9/16)	Late (after 9/9/16)

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.

To view the full program brochure, click here