2016 Cross-Border Insolvency Program

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2016 Cross-Border Insolvency Program

November 14, 2016 Davis Polk & Wardwell LLP Conference Center, 450 Lexington Ave, New York, NY

ABI’s Cross-Border Insolvency Program, hosted by ABI’s International Committee, will be held at Davis Polk & Wardwell’s conference center in midtown Manhattan. The program features a unique gathering of speakers from several nations discussing today’s most relevant cross-border cases and topics.

Sessions

Event Information 241222

Monday, November 14

8:15 a.m.-9:00 a.m.

Registration and Coffee/Tea

 

Morning Presiding Officer

Timothy Graulich

Davis Polk & Wardwell LLP; New York

9:00 a.m.-9:15 a.m.

Welcome by Conference Leadership

Christopher R. Mirick, Program Co-Chair

Pillsbury Winthrop Shaw Pittman LLP; New York

E. Patrick Shea, Program Co-Chair

Gowling WLG (Canada); Toronto

9:15 a.m.-10:30 a.m.

Canada/US – Montreal Maine and Atlantic Railway

The Montreal, Maine and Atlantic Railway (MMA) was a freight railroad that operated in the States of Maine and Vermont, and the Province of Quebec. In August of 2013, MMA commenced insolvency proceedings as a direct result of the runaway train that resulted in the deaths of 47 people. The panel will explore the issues involved in developing a plan to address mass tort claims. The discussion will include the approaches taken in Canada and the United States to the grant of “third party” releases and the grant of fee premiums to professionals.

Aubrey E. Kauffman, Moderator

Fasken Martineau DuMoulin LLP; Toronto

Andrew H. Adessky

Richter; Montréal

Debra A. Dandeneau

Baker & McKenzie LLP; New York

Robert J. Keach

Bernstein Shur; Portland, Maine

10:30 a.m.-10:45 a.m.

Coffee Break

 

Sponsored by Elliott Greenleaf

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

Caribbean – Resort Insolvencies

The economic downturn has a significant impact on resort properties in the Caribbean. The Baha Mar Resort was supposed to add 12% to the GDP of the Bahamas, but it has turned into the world's biggest white elephant and the investors have gone to war and the Nikki Beach Resort & Spa in the Turks and Caicos Islands, one the 21 Hottest Caribbean Escapes, has been placed into receivership. This panel will explore the unique challenges faced by the creditors and other stakeholder involved in resort insolvencies in the Caribbean Region.

Rafael X. Zahralddin-Aravena, Moderator

Elliott Greenleaf; Wilmington, Del.

Sam Billard

Aird & Berlis LLP; Toronto

Hon. Robert D. Drain

U.S. Bankruptcy Court (S.D.N.Y); White Plains

Sophia Rolle-Kapousouzoglou

LennoxPaton; Nassau, Bahamas

Michael Schulz

KRyS Global; Hamilton, Bermuda

12:00-1:00 p.m.

Networking Luncheon

 

Sponsored by EisnerAmper

Afternoon Presiding Officer

Tanya Meerovich

FTI Consulting, Inc.; New York

1:00 p.m.-2:15 p.m.

Latin and South America Energy and Resources

Beginning in Brazil in 2013 with OSX/OGX and stretching into Mexico with Oceanografia in 2014, Latin America has not been immune to the contagion of depressed oil & gas prices. This panel will compare and contrast key issues in these cross border, and sometimes multi-jurisdictional restructurings, bringing both a financial and legal perspective from advisors and creditors.

Samuel Aguirre

FTI Consulting, Inc.; Toronto

Gilberto Deon Correa, Jr.

Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil

Ryan P. Dahl

Kirkland & Ellis LLP; Chicago

Floris B. Iking 

Alvarez & Marsal Mexico; Mexico City 

Cherie Schaible

Ankura Consulting Group; New York

2:15 p.m.-2:30 p.m.

Networking Break

2:30p.m.-3:45 p.m.

Jurisdictional Issues in Cross-border Fraud

In 2009, the Securities Exchange Commission (SEC) filed a complaint in the Northern District of Texas against Stanford International Bank Limited (SIB) and the Financial Services Regulatory Commission in Antigua appointed its own receivers over the assets of SIB. This initiated a cross-border jurisdictional battle as each sought to control the international assets of SIB. This panel will explore the practical and legal issues encountered in cross-border fraud involving assets, and creditors, in multiple jurisdictions with a focus on SIB.

Ronald J. Silverman, Moderator

Hogan Lovells US LLP; New York

Gerry Apostolatos

Langlois lawyers, LLP; Montreal, Canada

Rebecca Hume

Kobre & Kim LLP; Grand Cayman, Cayman Islands

Laura Davis Jones

Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.

3:45p.m.-4:00 p.m.

Networking Break

4:00p.m.-5:00 p.m.

Restructuring a Nation - Jamaica

For decades, Jamaica struggled with low growth, high public debt and external shocks that further weakened the economy. To reverse this trajectory, the Government of Jamaica embarked on a comprehensive and ambitious program of reforms for which it has garnered national and international support. The reform program is beginning to bear fruit. Bill Brandt Jr will, through a Q&A format, explore the challenges faced in restructuring Jamaica including how Jamaica approached the issues with which they were faced, how it dealt with the IMF and the IAB.

William A. Brandt, Jr., Moderator

Development Specialists, Inc.; New York

Senator and Former Minister of Justice Hon. Mark Golding

Ministry of Justice; Kingston, Jamaica

5:00 p.m.

Networking Reception

Sponsored by Alvarez & Marsal

 

Co-Chairs

Christopher R. Mirick

Pillsbury Winthrop Shaw Pittman LLP; New York

E. Patrick Shea

Gowling WLG (Canada); Toronto

Advisory Board

Gilberto Deon Correa, Jr.

Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil

Timothy Graulich

Davis Polk & Wardwell LLP; New York

Julie M. Hertzberg

Alvarez & Marsal; Southfield, Mich.

Floris B. Iking

Alvarez & Marsal; Mexico City

Paul J. Keenan

Greenberg Traurig, LLP; Miami

Tanya Meerovich

FTI Consulting, Inc.; New York

Allen D. Wilen

Eisner Amper; Iselin, N.J.

Rafael X. Zahralddin-Aravena

Elliott Greenleaf; Wilmington, Del.

 

 

 

Conference Information

Hotel

The conference will be held at Davis Polk & Wardwell Conference Center, 450 Lexington Ave, New York, NY 10017.

Continuing Education Credit

6 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7 hours of general CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7 hours of credit, which can be applied toward professional practice. 7 hours of CPE credit are also available.

 

*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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 addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800.

 

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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 24, 2016. No refunds will be granted after October 24, but substitutions will be allowed. After October 24, 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.

 

Premier Sponsors

DSI

2016 Cross Border Insolvency Program Sponsors

 

alvarezandmarsal  LLPeisneramper

elliottgreenleafHogan Lovells

 

Conference Rates

Registration Rates Regular

ABI Member
$395
Non-Member
$495