MEALEY’S
™
Asbestos
Bankruptcy
Conference
Concrete strategies to help you
resolve liabilities, negotiate
settlements, and stay ahead of the
curve on the latest legislative changes
Conference Chaired by David T. Austern President
Claims Resolution Management Corporation Falls Church, VA
John D. Cooney, Esq. Cooney & Conway Chicago
June 8-9, 2006
The Ritz-Carlton
Chicago
Secure winning outcomes for your clients
with cutting-edge guidance on 524(g), bolt-on
bankruptcies, and the fallout from the FAIR Act
Mealey’s
™Asbestos Bankruptcy Conference
Hear new perspectives on how to get your clients
paid and your reorganization plans confi rmed
Constant change is the name of the game when it comes to asbestos bankruptcy litigation. And if you don’t play by the latest rules, your clients may not get all the money they should – or their plan to emerge from bankruptcy will get shot down in court.At Mealey’s™ Asbestos Bankruptcy Conference, top experts examine
today’s cutting-edge issues to help you understand their impact on your clients and make any necessary tactical adjustments. The following hot topics will be under the microscope in brand new sessions at this educa-tional and networking event …
Effective use of 524(g) – Can a company with centralized liability use the bankruptcy process? If so, what’s the best way to resolve the liability to satisfy all parties involved? If not, what other options does that company have?
Bolt-on bankruptcies – The Big 3 automakers tried, but nobody’s had one approved. Are bolt-ons allowed under 524(g)? Can your clients’ cases be included under another debtor’s plan? A panel of experts will answer these and many other questions.
The FAIR Act – Get a status update on FAIR and other potential federal initiatives, and fi nd out how you’ll be affected by the avalanche of companies likely to fi le for bankruptcy should the legislation fail.
Fuller-Austin reversal – Find out how you should adjust your tactics in light of this recent ruling that potentially gives insurers more leverage in bankruptcy cases.
USG’s $4 billion settlement – Hear expert insight on what it means to claimants and other companies in bankruptcy.
And in another one-of-a-kind session, you’ll get the rarely heard futures
representative perspectives on key asbestos bankruptcy issues. Ascertain how they estimate future liability, what their role is in bankruptcy restructur-ing, and what they’re doing to ensure that future claimants are treated the same as current claimants
From getting adequate reimbursement when an asbestos-bankruptcy company sets up a trust to crafting a reorganization plan that withstands claimant and courtroom scrutiny … from the FAIR Act to medical criteria bills … from asbestos bankruptcies’ impact on the fi nancial community to strategizing effectively when settling with insurers … you’ll gain the
ex-pertise you need to successfully protect your clients’ interests at Mealey’s
Asbestos Bankruptcy Conference.
Save $400 with our Corporate Discount
Are you an attorney or employee for an insurance company
or other corporation? Corporate representatives receive a
$400* discount when attending this program.
Le xisNe xis ® Meale y’ s ™ 1018 W est Ninth A ven ue , 3rd Floor King of Pr ussia, PA 19406 FIRST -CLASS MAIL U .S . POST A GE PAID Le xisNe xis
Meale
y’
s
™Asbestos
Bankruptc
y Conf
erence
Concrete strategies to help y
ou resolve
liabilities,
negotiate settlements,
and
sta
y ahead of the cur
ve on the latest
legislative c
hang
es
Take ad
vanta
g
e
of our Earl
y-Bir
d Discount!
Sa
ve $300 off y
our conf
erence
admission when y
ou
register b
y 4/10/06.
Who should attend:
This conf
erence will benefi
t attorne
ys representing
asbestos-bankrupt companies and their c
laimants, in-house counsel, insurer s, fi nancial comm unity member s, and man y more .
Exhibitor
s & Sponsor
s inc
lude:
Registration Form
Mealey’s Asbestos Bankruptcy Conference, June 8-9, 2006, at The Ritz-Carlton, Chicago. I understand the conference registration fee is $1295 per attendee for the first paying attendee and $1145 for each attendee thereafter from the same firm or company. $995 per attendee if you register by 4/10/06. (Multiple attendees: please copy form and submit for each attendee.)
Name ____________________________________________________________________ Title _____________________________________________________________________ Firm/Company _____________________________________________________________ Address __________________________________________________________________ _________________________________________________________________________ City/State/Zip ______________________________________________________________ Telephone _____________________________Fax _______________________________ Email ____________________________________________________________________
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❑YES, I’m interested in purchasing the audio CD of this conference. (Please call with pricing information.)
❑Conference Handbook — Each conference attendee will receive one copy of the handbook. You may order additional copies. Non-registrants may purchase the handbook. Please send _______ copies @ $275 each. (U.S.A.: Please add appropriate state sales tax to your order. Canada: Add 7% sales tax.)
❑ Mealey’s Asbestos Bankruptcy Report — Yes, send me a free sample and subscription information.
❑ Please send me information on your new Online CLE program and price packages.
0206L
Phone: 1-800-MEALEYS or (610) 768-7800 Fax: (610) 768-0880
Payments: Mealey Publications, P.O. Box 7247-6167 Philadelphia, PA 19170-6167
E-mail: [email protected] Online: www.mealeys.com/conferences
Registration Information
Registration FeeThe registration fee includes continental breakfast each day, one luncheon, attendance at all conference sessions, a copy of the conference handbook on CD, networking reception, and coffee breaks. The registration fee is $1295 for the fi rst attendee. How to Register
Fax is the best way to enroll, allowing us to attend to your registration immediately. Please fax this form to (610)768-0880, call 1-800-MEALEYS, (610)768-7800, e-mail [email protected] or mail this form with payment to Mealey Publications™, P.O. Box 7247-6167, Philadelphia, PA 19170-6167. Receipt of payment guarantees your registration.
Special Discounts*
• Early-Bird registration — by 4/10/06 $300 off — $995 • Corporate Discount — $400 off — $895
• Additional registrants from the same firm or company — $150 off — $1145
• Government employees — one-third off — $865 • Sitting judges — attend free
• Paralegals — two-thirds off — $435
* Cannot be combined with any other offer.
Special Needs
Should you have any special needs, please contact Mealey’s at least three weeks prior to the conference, to allow us time to make reasonable accommodations. Hotel Accommodations
The Ritz-Carlton, Chicago is located at 160 East Pearson Street at Water Tower Place, just 40 minutes from O’Hare International Airport. Attendees should make reservations directly with the hotel by calling 312-266-1000. When making reservations, indicate that you are attending Mealey’s Asbestos Bankruptcy Conference, June 8-9, 2006. A block of rooms has been reserved for attendees at a rate of $300 a night for a single or double room. The cut-off date for this rate is May 15th. After that date, this rate will be offered based on space availability. Please note, there are a limited number of rooms in our room block so make your reservations early.
For alternative hotels, please call us at (610) 768-7800. Cancellation Policy
Registrants who cancel on or before May 25th will receive a full refund. Regis-trants canceling from May 26-June 1 will receive a full credit towards another Mealey’s conference. Cancellations made after June 1st will be subject to a 25% administrative fee; the remaining amount will be credited towards another Mealey’s conference. Credits must be used within one year of the date of issu-ance. Attendees who are paid in full and do not attend the conference forfeit a refund or a credit voucher. Substitutions may be made at any time. Conference on Audio CD
Mealey’s Multi-Media Service allows you to bring the best of our live programs to your home or offi ce. Call 1-800-MEALEYS or email [email protected] for more information and pricing on the audio CD version of this conference. Visit www.mealeys.com/conferences for a complete list of past audio programs.
CLE, CPCU & CPE credits
CLE credit will be available for all mandatory CLE states. International accreditation will also be available at this conference, as will CPCU credit through the American Institute for CPCU and CPE credit through NASBA.
LexisNexis Mealey’s is registered with the National Association of State Boards of Ac-countancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have 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. Web site: www.nasba.org.
Mealey’s Asbestos Bankruptcy Conference
The Co-Chairs
David Austern is the President of the Claims Resolution Management Corporation (“CRMC”), and also serves as General Counsel of the Manville Personal Injury Settlement Trust (“Trust”). The CRMC, which processes Trust claims, the claims of other asbestos trusts, and provides other ser-vices to asbestos-based institutions, is a subsidiary of the Trust. Mr. Austern also serves as the Representative of Future Asbestos Claimants in the Combustion Engineering bankruptcy, the W.R. Grace bankruptcy, and is a consultant to a number of corporations that are asbestos defendants in the tort system.
John Cooney, Esq. is a partner in the Chicago law fi rm of Cooney and Conway, which has represented thousands of plaintiffs in asbestos litigation including hundreds of mesothelioma victims in Chicago and throughout the Midwest. Mr. Cooney is an elected manager of the Illinois Trial Lawyers As-sociation. He is a member of many of the Offi cial Committees representing asbestos claimants in Chapter 11 proceedings and he is chairman of the Owens Corning Committee and co-chair of the Armstrong, U. S. Gypsum, Kaiser, and Global Industrial Technologies Committees.
Thursday, June 8, 2006
8:00 Registration & Continental Breakfast
8:45 Welcome & Introductory Remarks
David Austern, Claims Resolution Management Corporation John Cooney, Cooney & Conway
9:00 March Toward Confi rmation – Update on
Major Cases & Settlements
• When will the debtors emerge?
• Status of current cases – Owens Corning, W.R. Grace, Federal-Mogul, Armstrong, ACandS, Congoleum • USG Settlement – what impact will it have? • Emerging trends in bankruptcy law
• Stories from the front: – identifying and overcoming obstacles and objections
David Heiman, Jones Day
Jeffrey Rich, Kirkpatrick & Lockhart Nicholson Graham
10:15 Bolt-On Bankruptcy Cases: Enjoining the Liability
• History of attempted bolt-on cases – Big 3 Automakers • Case studies: Cooper/Federal-Mogul & Honeywell/NARCO
Mealey’s Asbestos Bankruptcy Conference
• Obtaining the stay of cases – resolving objections • What does 524(g) currently allow?
Robert Phillips, SimmonsCooper Additional speakers to be announced
11:15 Morning break
11:30 FAIR or Unfair: How State & Federal Legislation May
Affect the Current Bankruptcy Landscape
• Congressional update on federal legislative efforts • Bankruptcy settlements, insurers and FAIR provisions
– constitutional challenges
• State legislative update: TX, GA, OH, FL – is state tort-reform working?
• Screening investigations • Medical criteria
Matthew Bergman, Bergman & Frockt
Steven Kazan, Kazan McClain Abrams Fernandez Lyons & Farrise
Patrick Hanlon, Goodwin Procter
12:30 Networking Luncheon
Sponsored by Navigant Consulting
1:45 The Next Chapter – Future Of Pre-Packaged
Bankruptcies
• Climate and trends following the Combustion Engineering decision
• What is allowed and what is prohibited under Section 524(g) • Soliciting the vote and overcoming objections –
how to get to 75%
• Waiting in the wings: what type of companies will use the pre-packaged process to resolve their liability?
Sander Esserman, Stutzman Bromberg Esserman & Plifka Roger Frankel, Swidler Berlin
2:45 Insurance Issues: Recent Judicial Developments
• Case Studies: AC&S and Fuller-Austin – what does the future hold?
• Standing/neutrality issues
• Rights under pre-packaged/traditional bankruptcies • Congoleum and other coverage cases
Michel Horton, Morgan Lewis & Bockius Scott Gilbert, Gilbert Heintz & Randolph Tancred Schiavoni, O’Melveny & Myers
4:00 Afternoon Break
4:15 Futures Representatives – Responsibilities Under
Section 524(g)
• Role of the futures representative in bankruptcy restructuring • Position of futures representative in established trust • Emerging issues in current cases
• Confl icts of interest
David Austern, Claims Resolution Management Corporation Eric Green, Resolutions
5:15 Networking Reception
Friday, June 9, 2006
8:00 Continental Breakfast
9:00 How To Effectively Use 524(g) To Resolve
Asbestos Liability
• Rich-parent pre-packs
• How does a company with centralized liability use the bankruptcy process to achieve fi nality
• Proposed changes to Section 524(g)
• Decisions, decisions – how are the courts interpreting the bankruptcy code?
Speakers to be announced
10:00 Estimating Present & Future Liability
• Estimation of present and future asbestos liabilities • Methodologies
• Appeals – Owens Corning & Federal Mogul • Future estimation trials/protocol
Kenneth Pasquale, Stroock & Stroock & Lavan Frederick Dunbar, PhD, Senior Vice President, NERA Economic Consulting
11:15 Morning Break
11:30 Perspectives From the Street – How Restructuring
Is Viewed By The Financial Community
• Shaking up the markets - announcements and SEC fi lings • Time-value of money
• Impact of recent legal, political and economic changes • Examination of recent debtors – pre-petition to
June 8-9, 2006
The Ritz-Carlton, Chicago
• Identifying companies on the brink of bankruptcy – warning signs
Mary Warren, Linklaters
Additional speakers to be announced
12:30 Adjourn
Speakers, sessions and times are subject to change. Visit www.mealeys.com/conferences or call 1-800-MEALEYS for up to the minute program revisions. Call for information on sponsorship and exhibit opportunities.
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Mealey’s and Mealey Publications are a trademark of LexisNexis, a division of Reed Elsevier Inc. © 2006, LexisNexis, a division of Reed Elsevier Inc. All rights reserved. MEA00825-0 0306
Mark your calendar for these 2006 Mealey’s
conferences and teleconferences …
Lead Litigation Teleconference: The Impact of the
Rhode Island Decision
March 30, 2:00
PMEastern Time
Asbestos Medicine
April 10, Chicago
Welding Rod Litigation
April 11, Chicago
Working With Experts in a Toxic Tort Case Teleconference
May 16, 2:00
PMEastern Time
Ethics Teleconference: The Classifi cation of
Client Expenses in Mass Torts
May 18, 2:00
PMEastern Time
Benzene and Chemical Exposure Litigation
June 12-13, Marina del Rey, CA
Water Contamination
June 15-16, Chicago
Asbestos Screenings Teleconference
July 20, 2:00
PMEastern Time
National Asbestos
Conference Faculty
Co-Chairs David T. Austern
President, Claims Resolution Management Corporation Falls Church, VA
John D. Cooney, Esq. Cooney & Conway Chicago
Faculty
Matthew P. Bergman, Esq. Bergman & Frockt
Vashon, WA
Frederick C. Dunbar, Ph.D. Senior Vice President, NERA Economic Consulting
New York
Sander L. Esserman, Esq. Stutzman, Bromberg, Esserman & Plifka Dallas
Roger Frankel, Esq. Swidler Berlin LLP Washington, DC Scott D. Gilbert, Esq.
Gilbert Heintz & Randolph LLP Washington, DC
Eric D. Green
Principal, Resolutions, LLC Boston, MA
Patrick M. Hanlon, Esq. Goodwin Procter LLP Washington, DC David G. Heiman, Esq. Jones Day
Cleveland
Michel Y. Horton, Esq. Morgan, Lewis & Bockius, LLP Los Angeles
Steven Kazan, Esq. Kazan, McClain, Abrams, Fernandez, Lyons & Farrise Oakland, CA
Kenneth Pasquale, Esq. Stroock & Stroock & Lavan LLP New York
Robert W. Phillips, Esq. SimmonsCoooper LLC East Alton, IL
Jeffrey N. Rich, Esq. Kirkpatrick & Lockhart Nicholson Graham LLP New York
Tancred V. Schiavoni, III, Esq. O’Melveny & Myers LLP New York
Mary K. Warren, Esq. Linklaters