Business Law Section. Spring Meeting. April 14 16, 2011 Boston, MA Business Bankruptcy Committee Schedule of Events. Boston.

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Business Law Section

Spring Meeting

April 14–16, 2011 • Boston, MA

Spring Meeting

Boston

Business Bankruptcy

Committee

Schedule of Events

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Dear Colleague:

Welcome to the 2011 Spring Meeting of the Business Bankruptcy

Committee. We have prepared a variety of stimulating and

cutting-edge programs for bankruptcy and business lawyers.

I encourage you to take advantage of these outstanding programs,

including the Thursday luncheons presented by the Chapter 11

Subcommittee on bank holding company insolvencies, and the

Secured Creditors Subcommittee on bankruptcy examiners.

Many thanks to everyone who assisted in the planning

and presentation of our programs and meetings.

I look forward to seeing you in Boston.

Best regards,

Michael St. Patrick Baxter

Chair, Business Bankruptcy Committee ABA Business Law Section

Spring Meeting

ABA Business Law Section

•

April 14–16, 2011

•

Boston, MA

Business Bankruptcy Committee

The World’s Largest

Organization of

Bankruptcy

Restructuring Lawyers

The Business Bankruptcy Committee is

the premier organization for insolvency

lawyers. It is the largest group in the world

made up exclusively of bankruptcy

attorneys, professors, and judges.

The Committee organizes and presents

cutting-edge CLE programs on recent

developments in the areas of business

bankruptcy and corporate restructuring.

The Committee also develops and reviews

proposed bankruptcy legislation.

In addition, as a non-governmental

organization recognized by the United

Nations Commission on International

Trade Law, the Committee is an

important participant in UNCITRAL’s

Insolvency Working Group.

For immediate enrollment in the Committee or Section, log in to

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Thursday, April 14, 2011

7:00 am – 7:00 pm

Registration

9:00 am – 10:30 am

Program:

When the Music Stops:

Musical Chairs and “Ponzi” Scheme Avoidance Actions

The recent economic crisis has contributed to the spectacular collapse of several prominent fraudulent investment operations. This program explores the surprising consequences of avoidance actions for the players in, and victims of, these Ponzi schemes.

Sponsored by: Avoiding Powers Subcommittee—Hon. John K. Olson, Chair

Program Chair: Prof. George G. Triantis, Harvard Law School, Cambridge, MA

Speakers: Marc Hirschfield, Baker & Hostetler LLP, New York, NY

Gary J. Mennitt, Dechert LLP, New York, NY

Carole Neville, SNR Denton, New York, NY

9:00 am – 10:00 am

Program:

Structuring Asset Sales, Mergers

and Acquisitions to Preserve Insurance

At a time when assets sales, mergers and acquisitions dominate large restructuring cases, this program provides thoughtful guidance on preserving insurance when structuring corporate transactions.

Sponsored by: Insurance Subcommittee—Craig J. LitherlandandRobert B. Millner, Co-Chairs

Program Chair

& Moderator: Craig J. Litherland, Gilbert LLP, Washington, DC

Speakers: Brian H. Mukherjee, Goodwin Procter LLP, Boston, MA

Kami E. Quinn, Gilbert LLP, Washington, DC

10:00 am – 11:00 am

Chapter 9 Subcommittee Planning Meeting

Gary E. Klausner, Chair

11:30 am – 12:30 pm

Executory Contracts Subcommittee Planning Meeting

Corali Lopez-Castro, Chair

11:30 am – 12:30 pm

Small Business Subcommittee Planning Meeting

Mark E. Leipold, Chair

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4 Spring Meeting 2011•April 14–16, 2011•Boston, MA

12:30 pm – 2:30 pm

Chapter 11 Subcommittee Luncheon:

Bank Holding Company Insolvencies: Is the Grass Greener?

This program explores the insolvency of bank holding companies. The panelists will discuss the options available to bank holding companies, including under Dodd-Frank, prior legislation (including Gramm-Leach-Bliley), and chapter 11. Issues addressed will include jurisdiction, distressed-asset sales, tax refunds and net operating loss allocation disputes, intercompany claims, and the treatment of creditors. Be prepared for insightful analyses of Washington Mutual (the largest banking failure in U.S. history) and AmericanWest Bancorp (a bank holding company that filed chapter 11 to sell its banking subsidiary to satisfy regulatory capital requirements). Sponsored by: Business Bankruptcy Committee—Michael St. Patrick Baxter, Chair

Chapter 11 Subcommittee—

Susan M. FreemanandMichael H. Reed, Co-Chairs

Trustees and Examiners Subcommittee—Phoebe Morse, Chair

Banking Law Committee—Sarah A. Miller, Chair

Consumer Financial Services Committee—Therese Franzen, Chair

Government Affairs Practice Committee—Mark D. Anderson, Chair

Program Chair

& Moderator: Rafael X. Zahralddin-Aravena, Elliott Greenleaf, Wilmington, DE

Speakers: Thomas R. Califano, DLA Piper US LLP, New York, NY (alternate)

Larry Engel, Morrison & Foerster LLP, San Francisco, CA

James D. Higgason, Jr., Andrews Kurth LLP, Houston, TX

Susheel Kirpalani, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY

Michael H. Krimminger, FDIC, Washington, DC (invited)

Paul L. Lee, Debevoise & Plimpton LLP, New York, NY

12:30 pm – 2:30 pm

Secured Creditors Subcommittee Luncheon:

Examining Examiners and their Impact on Creditors

Examiners have issued exhaustive reports addressing billions of dollars in claims in recent cases such as Lehman Brothers, Chicago Tribune, and Washington Mutual. These reports raise issues that could dramatically enhance the debtors’ estates, but some experts have criticized the process, expense, efficacy and sometimes the results of examiners’ work. The expert panel of practitioners and academics who have studied the use of examiners will explore and question the role of examiners in large bankruptcy cases.

Sponsored by: Secured Creditors Subcommittee—Corinne BallandSamuel R. Maizel, Co-Chairs

Program Chairs: Corinne Ball, Jones Day, New York, NY

Samuel R. Maizel, Pachulski, Stang, Ziehl & Jones LLP, Los Angeles, CA

Moderator: Samuel Maizel, Pachulski, Stang, Ziehl & Jones LLP, Los Angeles, CA

Speakers: Prof. Jonathan C. Lipson, University of Wisconsin, Madison WI

R. Todd Neilson, LECG, Los Angeles, CA

James H.M. Sprayregen, Kirkland & Ellis LLP, Chicago, IL

John C. “Kit” Weitnauer, Alston & Bird LLP Atlanta, GA

Program

Schedule

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2:30 pm – 4:30 pm

CLE Program:

What Every Business Lawyer

Needs to Know About the Intersection of Finance,

Real Estate and Bankruptcy Law

As the economy struggles to recover from a recession that profoundly altered assumptions in financial and real estate markets, and tested the limits of bankruptcy law, navigating the intersections of finance, real estate and bankruptcy law has become critical. Topics include the treatment of executory contracts, priority disputes concerning real property liens, the effect of the automatic stay on the perfection of real estate liens, and title-insurance claims in bankruptcy real estate sales.

Sponsored by: Business Bankruptcy Committee—Michael St. Patrick Baxter, Chair

Claims and Priorities Subcommittee—

Brett D. FallonandAndrea S. Hartley, Co-Chairs

Executory Contracts Subcommittee—Corali Lopez-Castro, Chair

Litigation Subcommittee—Timothy M. Lupinacci, Chair

Business Financing Committee—Theresa Einhorn, Chair

Commercial Finance Committee—James C. Schulwolf, Chair

Program Chairs: Brett D. Fallon, Morris James LLP, Wilmington, DE

Lisa P. Sumner, Poyner Spruill LLP, Raleigh, NC

Speakers: Michael E. Busch, Fidelity National Title Group, Irvine, CA

Deborah S. Griffin, Holland & Knight LLP, Boston, MA

Hon. William C. Hillman, U.S. Bankruptcy Court, D. Mass.

Laura Davis Jones, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE

4:30 pm – 6:30 pm

Business Bankruptcy Committee:

Meeting of the Chairs and Vice-Chairs of Business Bankruptcy

Subcommittees, Working Groups and Task Forces

Michael St. Patrick Baxter, Chair

Friday, April 15, 2011

7:00 am – 6:00 pm

Registration

8:00 am – 9:30 am

Program:

Divergent National Bankruptcy Court Structures

and Insolvency Processes: Impetus or Impediment to Reform?

The ramifications of business transactions and business failures have become increasingly international. This program addresses how variations among bankruptcy court structures and insolvency processes in the United States and abroad affect reform, rationalization and prospects for harmonization of the underlying laws.

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Administration and Courts Subcommittee—Sidney Levinson, Chair

Asian-Pacific Insolvency Working Group—Prof. Charles D. Booth, Chair

International Bankruptcy Subcommittee—

Professor Susan Block-LiebandSteven T. Kargman, Co-Chairs

UNCITRAL Task Force & Liaison—Christopher J. Redmond, Chair

Bankruptcy Court Structure & Insolvency Process Committee— William H. Schorling, Chair

Program Chair

& Moderator: Prof. Charles D. Booth, University of Hawai`i School of Law, Honolulu, HI

Speakers: Prof. Susan Block-Lieb, Fordham Law School, New York, NY

Prof. Charles D. Booth, University of Hawai`i School of Law, Honolulu, HI

Daniel M. Glosband, Goodwin Procter LLP, Boston, MA

George Kelakos, Kelakos Advisors, Greenwich, CT

Deryck A. Palmer, Cadwalader, Wickersham & Taft LLP, New York, NY

8:00 am – 9:30 am

IP and Technology Subcommittee Planning Meeting

John R. Knapp, Jr., Chair

8:00 am – 10:00 am

Program:

Establishing a Culture of Excellence In

Your Organization: Beyond Diversity and Inclusiveness

Sponsored by: Business and Corporate Litigation Committee—William D. Johnston, Chair

Business Bankruptcy Committee—Michael St. Patrick Baxter,Chair

Business Law Fellows, Ambassadors, and Diplomats Committee— Bryan K. BrownandKathleen Joan Hopkins, Co-Chairs

Business Law Education Committee—

Dennis R. HornbachandCarol Newman, Co-Chairs

Career and Practice Development Committee—Louise Pomeroy Dempsey, Chair

Corporate Compliance Committee—

Leianne S. CrittendenandHowie C. Wong, Co-Chairs

Corporate Counsel Committee—Agnes J. BundyandSteven A. Lauer, Co-Chairs

Corporate Director Diversity Committee

Corporate Governance Committee—Carol Hansell, Chair

Diversity Committee—Meg Milroy, Chair

Employee Benefits and Executive Compensation Committee— Sally Doubet King, Chair

Governmental Corporations Committee

LLCs, Partnerships and Unincorporated Entities Committee— Scott E. Ludwig, Chair

Middle Market and Small Business Committee—Gregory M. Giammittorio, Chair

Leadership Development Committee

Nonprofit Organizations Committee—William M. Boyd, III, Chair

Program Chair: William H. Grignon, Kirkland & Ellis LLP, Los Angeles, CA

Program

Schedule

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9:30 am – 10:30 am

Program:

Intra-Group Guarantees:

Recapturing Value Under Fraudulent Transfer Law

As chapter 11 cases involving corporate groups become the norm, counsel must grapple with how to resolve the complex questions of value given and received among affiliated debtors under fraudulent transfer law. This program examines the practical, ethical and planning issues underlying intra-group guarantees and their subsequent challenge as fraudulent transfers.

Sponsored by: Corporate Governance Subcommittee—

Regina Stango KelbonandDavid Waguespack, Co-Chairs

Partnerships and Limited Liability Entities in Bankruptcy Subcommittee—

Sandra A. Reimer,Chair

Speakers: Prof. Richard Squire, Fordham Law School, New York, NY

Jonathan M. Landers, Milberg LLP, New York, NY

Sheila T. Smith, Deloitte Financial Advisory Services, Boston, MA

10:30 am – 11:30 am

E-newsletter Subcommittee Planning Meeting

Kay Standridge Kress, Editor-in-Chief

Christopher M. Alston, Editor

10:30 am – 12:00 pm

Healthcare & Nonprofits in Bankruptcy Subcommittee Planning Meeting

Jean R. RobertsonandAndrew Troop, Co-Chairs

10:30 am – 12:30 pm

Program:

Lehman Failure Replayed:

Would FDIC Liquidation Be More Orderly Than Bankruptcy?

Sponsored by: Banking Law Committee—Sarah A. Miller, Chair

Business Bankruptcy Committee—Michael St. Patrick Baxter, Chair

Program Chair: Paul L. Lee, Debevoise & Plimpton LLP, New York, NY

Moderators: Michael L. Kadish, Deutsche Bank, New York NY

Judith Greenstone Miller, Jaffe, Raitt, Heuer & Weiss PC, Southfield, MI

Speakers: Thomas C. Baxter, Federal Reserve Bank, New York, NY

Dennis F. Dunne, Milbank Tweed Hadley & McCloy LLP, New York, NY

Michael H. Krimminger, FDIC, Washington, DC

Paul L. Lee, Debevoise & Plimpton LLP, New York, NY

Daniel R. Murray, Jenner & Block LLP, Chicago, IL

10:30 am – 12:30 pm

Program:

The Future of Paperless

Loan Processing: MERS Role in Foreclosure

Claims and Priorities Subcommittee Planning Meeting

Brett D. FallonandAndrea S. Hartley, Co-Chairs

2:30 pm – 4:00 pm

Program:

Current Developments in Bankruptcy Law

This program examines and offers the insights and analyses of a panel of experts concerning recent case law affecting business bankruptcy.

Sponsored by: Current Developments Task Force—Martin Bienenstock, Chair

Program Chair: Martin Bienenstock, Dewey & LeBoeuf LLP, New York, NY

Speakers: Martin Bienenstock, Dewey & LeBoeuf LLP, New York, NY

Christopher Combest, Quarles & Brady LLP, Chicago, IL

Michael R. Enright, Robinson & Cole LLP, Hartford, CT

Kay Standridge Kress, Pepper Hamilton LLP, Detroit, MI

Robert B. Millner, Sonnenschein, Nath & Rosenthal LLP, Chicago, IL

2:30 pm – 4:30 pm

Program:

Lehman—More Than Two Years Later:

Lessons for Secured Parties, Derivative Counterparties

and Owners of Custodied Financial Assets

Program:

Bankruptcy Asset Sales:

Value-Maximizing Strategies

When assets are sold in a bankruptcy case, every player wants the biggest pie and the biggest piece of it. This program explores the divergent, and potentially conflicting, value-maximizing strategies employed by different parties in bankruptcy asset sales.

Sponsored by: Use and Disposition of Property Subcommittee—Steven N. Cousins, Chair

Program Chair: Steven N. Cousins, Armstrong Teasdale LLP, St. Louis, MO

Moderator: Marc J. Carmel, Kirkland & Ellis LLP, Chicago, IL

Speakers: John Buck, Versa Capital Management, Philadelphia, PA

Marc J. Carmel,Kirkland & Ellis LLP, Chicago, IL

Steven N. Cousins, Armstrong Teasdale LLP, St. Louis, MO

Robert Duffy, FTI Consulting, Boston, MA

Richard E. Mikels, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC, Boston, MA

Steven E. Sherman, Shearman & Sterling, New York, NY

Program

Schedule

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4:00 pm – 5:30 pm

Program:

Protecting a Parent From its Insolvent Subsidiary

When a business becomes insolvent, creditors often search for alternative sources of recovery. This program examines strategies for protecting parents from the problems of insolvent subsidiaries, at both the planning and litigation stages.

Sponsored by: Business Transactions Subcommittee— Mark S. ChehiandMargery N. Reed, Co-Chairs

Litigation Subcommittee—Tim M. Lupinacci, Chair

Program Chair

& Moderator: Tony M. Davis, Baker Botts LLP, Houston, TX

Speakers: Tony M. Davis, Baker Botts LLP, Houston, TX

Chris L. Dickerson, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL

Edward J. Estrada, Reed Smith LLP, New York, NY

Jennifer H. Rearden, Gibson Dunn & Crutcher LLP, New York, NY

4:30 am – 5:30 am

Programs and Publications Subcommittee Planning Meeting

Bruce J. BorrusandSharon Z. Weiss, Co-Chairs

Saturday, April 16, 2011

7:00 am – 5:00 pm

Registration

8:00 am – 9:00 am

Program:

“Honey, I Shrunk the Mortgage!”:

Local Models for Effective Pro Bono Solutions

As mortgage losses continue to mount, so does the search for “win-win” solutions. Chief Judge Frank Bailey and others from the Boston-area legal community will discuss a Real Estate Bar Association pro bono initiative that successfully resolves or narrows issues in 75 percent of foreclosure actions. Sponsored by: Pro Bono Services Subcommittee—

Shelly CrockerandHon. Elizabeth S. Stong, Co-Chairs

Program Chair

& Moderators: Shelly Crocker, Crocker Law Group, Seattle, WA

Hon. Elizabeth S. Stong, U.S. Bankruptcy Court, EDNY

Speaker: Hon. Frank Bailey, Chief Judge, U.S. Bankruptcy Court, D. Mass.

8:30 am – 10:30 am

Program:

Questions You Never Used To Ask:

Emerging Ethical And Liability Concerns

In Commercial Loan Workouts

This program addresses emerging ethical and liability issues lenders and their attorneys should consider in loan workouts. Topics include sanctions imposed on lenders and their attorneys in the home mortgage arena, tricky disclosure issues faced by lenders (including what can, must and must

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Program

Schedule

Saturday, April 16, 2011

Sponsored by: Banking Law Committee—Sarah A. Miller, Chair

Commercial and Real Estate Lending Subcommittee—Donna R. Ely, Chair

Loan Workouts and Bankruptcy Subcommittee— Carolyn Peterson Richter, Chair

Professional Ethics in Bankruptcy Cases Subcommittee— Margaret M. Anderson, Chair

Creditors’ Rights Subcommittee—

Shannon Lowry Nagle, Chair;Elizabeth M. Bohn, Vice Chair

Securitization and Structured Finance Committee—Vicki O. Tucker, Chair

Program Chair: Margaret M. Anderson, Fox, Hefter, Swibel, Levin & Carroll LLP, Chicago, IL

Moderator: Douglas R. Gooding, Choate Hall & Stewart LLP, Boston, MA

Speakers: Kevin C. Blauch, Sidley Austin LLP, New York, NY

Douglas R. Gooding, Choate Hall & Stewart LLP, Boston, MA

William K. Harrington, U.S. Trustee for Region 1, Boston, MA

Carolyn Peterson Richter, Troutman Sanders LLP, Atlanta, GA

Bianca A. Russo, J.P. Morgan Chase, New York, NY

Isvara Wilson, Bank of America, Charlotte, NC

10:00 am – 12:00 pm

Business Bankruptcy Brunch: Prepackaged Bankruptcy:

Recent Developments and Emerging Issues

As prepackaged and pre-negotiated plans of reorganization become increasingly common, new strategies emerge and are tested. This program presents insightful analysis of recent developments, emerging issues, and new strategies in prepackaged bankruptcies.

Program Chair: Mark S. Chehi, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE

Moderator: Leslie A. Davis, Crowell & Moring LLP, Washington, DC

Speakers: Richard M. Cieri, Kirkland & Ellis LLP, New York, NY

Jay M. Goffman, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY

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ABA Business Law Section Spring Meeting

April 14–16, 2011

Or Mail to: Or Fax to:

Spring Meeting Registrar 312-988-5578 Business Law Section (credit card only) American Bar Association

321 N. Clark Street Chicago, IL 60654

(Please print or type)

NAME

FIRST NAME AS IT SHOULD APPEAR ON YOUR NAME BADGE ABA MEMBERSHIP I.D. #

FIRM/COMPANY (PLEASE LIMIT TO 28 CHARACTERS AND/OR SPACES FOR BADGES) ADDRESS

CITY STATE ZIP CODE PROVINCE COUNTRY

BUSINESS TELEPHONE FAX

E-MAIL GUEST NAME

Special dietary needs?______________________________________________________________ Is this a new address? ■■_Yes■■_{No Should we change our records?}■■_Yes■■_No

Method of Payment

■

■Enclosed check (made payable to American Bar Association) Credit Card: ■■_{American Express}■■_MasterCard■■_Visa

CARD NUMBER EXP. DATE SIGNATURE

Registration Form

Registration Fees

Before 2/11 After 2/11 Business Law Section Member $649 $699 $______________ Boston Bar, MBA,

or ACG Member $649 $699 $______________ First-Time Spring Meeting Attendee $449 $499 $______________ Academic/Judge/ Government Lawyer $449 $499 $______________ ABA Member (Non-Business Law Section Member) $749 $799 $______________ Non-ABA Member $799 $849 $______________ Law Student

(Registration fee only) FREE FREE $______________ Young Lawyer

(Spring Meeting + Institute for the Young

Business Lawyer) $499 $549 $______________ Young Lawyer

(Spring Meeting only) $449 $499 $______________ Young Lawyer

(Institute for the Young

Business Lawyer only) $199 $199 $______________

Brunch Meeting Business Bankruptcy Saturday, April 16, 2011 _______ @ $50 $______________ Luncheon Meetings Chapter 11 Thursday, April 14, 2011 _______ @ $60 $______________ Secured Creditors Thursday, April 14, 2011 _______ @ $60 $______________ Middle Market and Small Business

Thursday, April 14, 2011 _______ @ $60 $______________ Federal Regulation of Securities Saturday, April 16, 2011 _______ @ $60 $______________ Events Section Luncheon Friday, April 15, 2011 _______ @ $60 $______________ Section Dinner Friday, April 15, 2011 _______ @ $125 $______________ ABA FJE Contribution

(Voluntary contribution to the ABA’s Fund for Justice and Education to support the Section

Spring Meeting

Boston, MA

✁

Online Registration: http://new.abanet.org/CALENDAR/BUSINESS-LAW-SECTION-2011-SPRING-MEETING/Pages/ Registration.aspx Travel Information: http://new.abanet.org/calendar/business-law-section-2011-spring-meeting/Pages/TravelInformation.aspx

Meeting Web site:

http://new.abanet.org/calendar/business-law-section-2011-spring-meeting/Pages/default.aspx

Business Law Section. Spring Meeting. April 14 16, 2011 Boston, MA Business Bankruptcy Committee Schedule of Events. Boston.