London Partner and Head of UK Restructuring and Insolvency Ben Jones addressed a lively crowd of legal and finance professionals on the continuing evolution of offshore structures. He was joined by Senior Associate and Solicitor Advocate Robin Ganguly. Link to the symposium agenda can be found here: https://bit.ly/2mH6m9i.
If you have legal needs on offshore transactions, Ben and Robin are wonderful resources.
Phoenix Restructuring and Insolvency partner Bob Miller presented at the ABI's Spring Meeting in a program entitled "Navigating § 552: Pre-Petition Security Interests in Proceeds." The program covered how and when a secured creditor’s rights are affected by § 552, including typical scenarios in this difficult area of the law.
Bryan Cave's Chief Innovation Officer, Kathryn DeBord recently joined a panel at the ABI Spring Meeting. Innovative technologies and A.I. are changing the way lawyers practice law and the way law firms operate. Moderated by Professor Lois Lupica, this panel of lawyer-technologists discussed their experiences with a variety of A.I. technology platforms, and explained how technology tools can help provided “value added” for firm clients.
Phoenix Partner Kyle S. Hirsch will join Shanti M. Katona (Polsinelli) and Judge Abigail B. Willie (U.S. Bankruptcy Court; E.D. Mo.) to address the impact of the ASARCO decision on fee application dispute. Click here to register for this webinar, and click here for a sample of our prior coverage of ASARCO from the Bankruptcy Cave.
Chicago Restructuring Partner Jason DeJonker will speak at the Hispanic National Bar Association (HNBA) Corporate Counsel conference, March 15-18 in San Francisco, Calif. DeJonker will moderate a panel on “Strategies and Technology for Creating an Innovative Law Firms and In-House Legal Departments,” where panelists will share their real-world experience in building the "New Law" firms, the race among multinational law firms to find the competitive edge in the use of legal technology to deliver legal services, and how corporate legal teams have used technology to better align themselves with the goals of the C-Suite.
DeJonker also will speak on a panel at the HNBA Business Development Institute on March 17, a new program designed to teach new and aspiring law firm partners the business development strategies they will need to become successful rainmakers at their firms. A panel composed of high-ranking in-house counsel with hiring authority and senior law firm rainmakers with successful practices will act out scenarios, including a cocktail reception elevator pitch and a more formal pitch meeting scenario. Role play of each scenario will be followed by a Q&A session.
Stephanie Wickouski and Jeremy Finkelstein will host another Bryan Cave Corporate Trust/Distressed Investing Roundtable on March 14 in our New York Office, and moderate the program, which will explore:
To learn more or to register your clients or contacts, please click here.
Atlanta associate Leah Fiorenza will lead a panel on the Supreme Court's landmark Jevic opinion at the Fifteenth Annual Symposium of the Emory Bankruptcy Developments Journal, February 22, 2018 in Atlanta, Georgia. The panel consists of leading Chapter 11 lawyers from around the country, including Alexandra Dugan (Nashville, Tennessee), Katherine Good (Wilmington, Delaware), and Monique Hayes (Miami, Florida), and will address Jevic's winners and losers in modern Chapter 11 practice, the unique uses of Jevic, and some of its consequences (intended or not).
Leah Fiorenza works in Bryan Cave's Bankruptcy, Restructuring, and Creditors’ Rights Group, where her focus is on complex Chapter 11 cases. She recently co-lead the Bryan Cave team that successfully represented Oconee Regional Health Systems, a regional hospital and group of clinics serving a seven county area in Georgia, in its Chapter 11 auction and sale. She is also prominent in Bryan Cave's cross-disciplinary Food and Agribusiness practice, handling over twenty different transactional, litigation, or arbitration matters for food industry clients across the country.
San Francisco Partner Meryl Macklin and Los Angeles Partner Sharon Weiss and Counsel Rosario Vizzie hosted a webinar Dec. 7 on the litigation bankruptcy and fraudulent conveyance issues in M&A deals.
For a copy of the full presentation, contact Sharon.email@example.com.
As a member of Bryan Cave’s Bankruptcy, Restructuring & Creditors’ Rights Group and Financial Services Client Service Group, DeJonker represents private equity and hedge fund investors, financial institutions, Fortune 500 corporations, and bankruptcy trustees throughout the United States in bankruptcy and creditors’ rights matters. DeJonker has more than 15 years of experience in the lender and borrower-side loan workouts and in Chapter 11 bankruptcy cases, with specific emphasis on troubled borrower restructuring and forbearance, commercial foreclosure and creditors’ rights, DIP and exit finance, and the Chapter 11 plan confirmation process.
For more information about the program, please click here.
Kansas City Partner Mark Stingley will moderate the Judge’s Roundtable at the 2017 Annual Spring Meeting of the American Bankruptcy Institute, April 21-23 in Washington, D.C.
The four-day meeting will offer panels on developing a business plan, valuations, limits of clawback actions, ethical issues regarding the use of media, mediation in cross-border insolvencies, malpractice risks and legal updates, among many other topics. Stingley will moderate the “Judges’ Hot Topics” panel on April 23. The program also will offer several networking opportunities for attendees.
Stingley is the global head of Bryan Cave’s Bankruptcy, Restructuring & Creditors’ Rights Client Service Group. He represents lending institutions in litigation and insolvency matters as well as debtors in workout and bankruptcy-related matters. In addition, he has represented a number of commercial and lending clients in real estate and commercial litigation cases in both state and federal courts in a number of jurisdictions. Stingley is a fellow of the American College of Bankruptcy and co-chairman of the Eighth Circuit Fellows Education Committee.
For more information or to register, click here.
Chicago Partner Jason DeJonker will speak April 1 at the 2017 Corporate Counsel Conference & Moot Court Competition of the Hispanic National Bar Association (HNBA). His CLE session, “You Can Run but You Can’t Hide: Asset Tracing and Asset Recovery around the World,” is part of the conference’s International/Cross Border Legal Issues Track.
On December 2, 2016, Mark Duedall from Bryan Cave’s Atlanta office will speak as part of a panel at the American Bankruptcy Institute’s Winter Leadership Conference. Duedall and his co-panelists will provide a practical guide to key errors in the process of drafting a plan and disclosure statement, and similar plan and disco traps for the unwary for various types of creditors. The program is a must for any bankruptcy practitioner that regularly deals with plans and disclosure statements. Link with details here: http://www.abiwlc.org/schedule-2/
On November 2, 2016, Partner Jason DeJonker from Bryan Cave’s Chicago office will speak at the Practicing Law Institute’s Pocket MBA Fall 2016 Seminar at the University of Chicago Gleacher Center on “Rise or Die: Financial Distress.” In the discussion, he will analyze the indicators and causes of financial distress, including solvency and liquidity; identify the stakeholders and other possibly affected parties; evaluate restructuring and other strategic alternatives, including when filing a bankruptcy makes sense; discuss strategies for improvement when a company is in distress; and review the evolving case law, including Marblegate and Caesars. Link with details here: http://pli.edu/Content/Seminar/Pocket_MBA_Fall_2016_Finance_for_Lawyers/_/N-4kZ1z11hz1?fromsearch=false&Ns=sort_date%7c0&ID=259920
On Friday, October 7, 2016, Partner Stephanie Wickouski from Bryan Cave’s Washington, D.C. office will facilitate an ABI program at Georgetown University Law Center entitled “Bankruptcy 2016: Views from the Bench.” This panel of bankruptcy judges 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. [Link to The Bankruptcy Cave's prior coverage of Sabine here and here.] Link with details here: http://www.abi.org/events/bankruptcy-2016-views-from-the-bench
On September 29, 2016, Associate Laura Hughes from Bryan Cave’s St. Louis office will participate in a presentation on “Representing the Corporate Client in Bankruptcy.” This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation. Link with details here: http://www.abi.org/events/36th-annual-midwestern-bankruptcy-institute
On September 9, 2016, Bob Miller from Bryan Cave’s Phoenix office will participate in a panel discussion at the American Bankruptcy Institute’s 24th Annual Southwest Bankruptcy Conference, entitled “Recovering and Protecting Legal Fees in Bankruptcy: A Real Gamble!” He and his follow panelists will address the complexities behind payment of professional fees, ASARCO, preference matters, and related topics. Link with details here: http://www.abi.org/events/24th-annual-southwest-bankruptcy-conference
On August 5, 2016, Bryan Cave’s Mark Stingley will participate in a panel discussion at the American Bankruptcy Institute’s 12th Annual MidAtlantic Bankruptcy Workshop, entitled “Too Many Chiefs Make for a CROwded Reorganization: Ethics.” This panel will discuss potential conflicts when a lender regularly recommends that a debtor hire their preferred CRO (the debtor is the CRO’s client, but a “one off” client) and the lender is a repeat business, as well as the 1% Rule and retention application disclosures/potential conflicts. Link with details here: http://www.abi.org/events/12th-annual-mid-atlantic-bankruptcy-workshop
On July 14, 2016, Bob Miller from Bryan Cave’s Phoenix office will participate in a discussion at the 8th Annual TMA Western Regional Conference in Carlsbad, CA. The presentation is entitled “Commercial Loan Workouts in an Increasingly Complex Regulatory Environment.” http://westernregional.turnaround.org/conference-agenda
On July 12, 2016, Bob Miller from Bryan Cave’s Phoenix office will participate in a panel discussion at the Southern California Chapter of the Appraisal Institute, entitled “Valuation Issues in Commercial Bankruptcy Cases.” He and his follow panelists will how real estate valuations are used in Bankruptcy Court, what some of the things appraisers need to know about preparing valuations, and how appraiser’s services are used in the bankruptcy process. Link with details here: http://www.myappraisalinstitute.org/education/more_info.aspx?id=38007&view=B&state=C7&sort=D
On June 21, 2016, Partner Mark Stingley and Associate Michelle Masoner presented to over 60 In-House Counsels on “Creditors’ Remedies in Alternatives to Bankruptcy.” In the presentation, they reviewed liquidation forum options, why to liquidate within a bankruptcy context, why do a sale or liquidation outside of bankruptcy court, assignments for benefit of creditors, composition agreements, and receiverships.
On May 11, 2016, Bryan Cave’s Bankruptcy and Restructuring Group will host its most recent Corporate Trust/Distressed Investing Roundtable in our New York office. Ann Marie Miller, Director of Financial Restructuring at Houlihan Lokey, will join BC's Stephanie Wickouski to discuss "The Future of Corporate Trust Default Administration: What do industry trends, fee recovery after Lehman, and other challenges mean for you?" They will explore what industries are headed for bond defaults in 2016-2017 and what their restructurings may mean for trustees and bondholders. Other topics include (i) are there "work arounds" to Lehman, (ii) what does Davis v. Elliot Mgmt. Corp. (In re: Lehman Bros. Holdings Inc.) mean for Indenture Trustees serving Creditors Committees, and (iii) how can an indenture trustee insure its fees and expenses are paid in a chapter 11 case? If you would like to attend, please contact Emma.Cibelli@bryancave.com.
On April 21, 2016 Bryan Cave’s Bryce Suzuki (Phoenix) and Rick Levin (Denver) will present to the Rocky Mountain Chapter of the Turnaround Management Association (TMA) on “BitCoin, Cryptocurrency, Banking and What’s Next.”
Bryce will be combining his extensive experience on BitCoin matters in the world of insolvency, with Rick's perspective as one of the founders of Bryan Cave's Digital Currency Team and his extensive thought leadership in this evolving area of law, payment systems, and finance.
On April 21, 2016 Bryan Cave’s Jason DeJonker (CH) (a recent lateral partner increasing our strong presence in the Chicago restructuring market, more here) will present at the Trigild Lender Conference in Dallas on “Changing Times, Changing Tactics.” His presentation will highlight alternative methodologies and strategies for recovery in distressed loan acquisitions, loan workouts, bankruptcies, and judgment recovery and creditors' rights matters. Link with details here: http://www.cvent.com/events/trigild-spring-conference-2016/agenda-bcc27638ddb24812a3b69101159f80f7.aspx
On April 8, 2016 Bryan Cave’s Mark Stingley will present to the Bankruptcy Law Committee of the Kansas Bar how the changes, they are a coming to Chapter 11. This presentation will highlight several of the proposed reforms being recommended, as well as other modernization efforts in various states, and how the same may ultimately impact the business bankruptcy practice. Link with details here: http://www.ksbar.org/events/EventDetails.aspx?id=772867&group
On April 6, 2016, our BC Dallas colleague Keith Aurzada will present to the Bankruptcy & Commercial Law Section of the Dallas Bar Association on Hot Topics in Receiverships and Chapter 7 Cases. Link with details here: http://www.dallasbar.org/event/cle-bankruptcy-commercial-law-6
On 3/16/16, Bryan Cave's Wendy Godfrey & Mark Duedall conclude a two-part series on depositions, through West Legal Ed & the Norton Institutes. http://bit.ly/1W6azNA. This how-to program focuses on defending depositions–putting a client at ease, reining in problematic attitudes, and ensuring the deposition doesn't destroy your case. It follows last month’s program on taking depositions, designed and taught by Bryan Cave's Leah Fiorenza. These programs are great for the new lawyer, or for an old hand. To sign up, see the link above.
On 2/17/16, Bryan Cave's Leah Fiorenza & Mark Duedall began a two-part series on depositions, through West Legal Ed & the Norton Institutes. http://westlegaledcenter.com/home/homepage.jsf The first part of this program focuses on taking depositions–a weekly and daily preparation chart, and then detailed scripts and checklists for all parts of the deposition. It concludes next month with a follow up program on defending depositions, designed and taught by Bryan Cave's Wendy Godfrey and Mark Duedall. These programs are great for the new lawyer, or for an old hand. To sign up, see the link above, or contact any of the above parties for a copy of the materials.
Mark Stingley will present “It’s All About That Till, ’Bout That Till, ’Bout That Till…” in Amelia Island at ABI’s 2015 Southeast Bankruptcy Workshop regarding why experts are needed for cramdown analysis and other plan-confirmation issues raised by the Supreme Court’s decision in Till, including how to identify, select, prepare and present experts on Till confirmation issues.
Monique Jewett-Brewster will present “Much Ado About Nothing? Lien Stripping in Chapter 7 Bankruptcy and the Supreme Court's Caulkett Decision” in San Francisco at a BASF’s panel regarding the Supreme Court’s recent Caulkett decision and its lien-stripping implications on Chapter 11 and 13 bankruptcy cases.
Sharon Weiss, a Partner from Bryan Cave's Restructuring Team in the Los Angles, will be speaking at the Trigild Lender Conference in Dallas, Texas.
She is a panelist for a presentation and discussion on alternatives to bankruptcy and best practices for lenders, including early due diligence, pre-negotiations agreements, consensual resolutions, and non-consensual remedies such as foreclosure, receiverships, and pursuit of guarantors.