CLLA Event Calendar

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Commercial Law League of America’s Annual Breakfast

Featuring the presentation of the Lawrence P. King Award for Excellence in Bankruptcy and a keynote presentation from Eric O’Neill, who helped capture the most notorious spy in U.S. history, Robert Phillip Hanssen, in 2001 and served as the inspiration for main character in the movie “Breach.”

Would you like to nominate a bankruptcy professional for the King Award? Click here to download the nomination form; please send in nominations by August 9, 2010. View information about previous King Award recipients here.

 

Honorable Frank W. Koger Memorial Education Program:

Current Developments in Hot & Emerging Areas of Bankruptcy

 

A Potpourri of Recent Developments in Commercial Bankruptcy                                                           

This panel will address the myriad of developments in commercial bankruptcy law.  Topics will include a review of recent case law analyzing the contours of §503(b)(9), including the interplay between §503(b)(9) and §502(d); a discussion of §363 sales and credit bid issues and their interplay with §1129; an update of the evolving law on corporate governance, including the fiduciary duties of officers and directors; the status of “deepening insolvency;” and issues regarding standing and property of the estate with respect to the prosecution of certain avoidance actions.

 

Honorable Elizabeth Magner, U.S. Bankruptcy Court, Eastern District of Louisiana, New Orleans, LA

Lawrence McMichael, Dilworth Paxson LLP, Philadelphia, PA

Joseph Samet, Baker & McKenzie, New York, NY

James Joseph, Spilman Thomas & Battle, PLLC, Pittsburgh, PA

Non-Traditional Cram Down of Creditor Claims and Interests                                                 

This panel will examine the complex world of intercreditor relationships and how such relationships affect the distribution and treatment of participating claims in bankruptcy cases. Panelists will discuss the powers and duties of bank and other creditor agents to credit bid, including the circumstances under which the agent may undertake actions contrary to the interests of minority participants or group members.  In addition, this panel will examine the enforceability of, and issues that have arisen under, intercreditor agreements.

Mark Berman, Nixon Peabody LLP, Boston, MA

Julia Frost-Davies, Bingham McCutchen LLP, Boston, MA

Honorable Catherine Peek McEwen, United States Bankruptcy Court, Middle District of Florida, Tampa, FL

Kurt Gwynne, Reed Smith LLP, Wilmington, DE

 

Ethical Concerns in the Current Chapter 11 Environment

This panel will discuss the ethical dilemmas that arise in Chapter 11 cases and best practices for preventing and handling such issues. Topics will include:

• The fiduciary duties of counsel to the "mom and pop" Chapter 11 debtor, including dual representation of the debtor and third parties such as guarantors or subsidiary/sister entities;
• From whom can counsel be paid and the disclosure requirements under traditional and non-traditional payment arrangements;
• The difficulties in representing ad hoc committees, including who really is your client, disclosure requirements, and privilege risks; and
• Avoiding and addressing other conflicts of interest.    

 

Honorable Arthur Federman, United States Bankruptcy Court, Western District of Missouri, Kansas City, MO

Professor Jessica Gabel, Georgia State University College of Law, Atlanta, GA

Judith Greenstone Miller, Jaffe Raitt Heuer & Weiss, P.C., Southfield, MI

Honorable Joel Rosenthal, United States Bankruptcy Court, District of Massachusetts, Worcester, MA