Commercial Law League of America
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Find A CLLA Agency
Find A CLLA Professional
Commercial Law League of America
Events & Education
Find A CLLA Attorney
Find A CLLA Certified Agency
Find A CLLA Agency
Find A CLLA Professional
CLLA Recorded Sessions
We are thrilled to announce that CLLA’s recorded Zoom discussions are available for your viewing pleasure. Whether you missed a session or simply want to revisit the invaluable insights shared, you can now access them at your convenience. Our esteemed panelists have shared their expertise on a wide range of topics, from bankruptcy to commercial law, and we are confident that you will find their discussions insightful and informative. So sit back, relax, and enjoy CLLA’s archived Zoom discussions. All recorded sessions are free to view and do not offer CLE or CEU credits.
CLICK HERE FOR ZOOM RECORDINGS
CLICK HERE FOR PRESENTATIONS
- Piercing the Corporate/LLC Veil Is A Reality: You Can Make It Happen!
- Mediating Bankruptcy Disputes: A Ghost-Runner On Second Or Need A New Game?
- Wire Transfers and Checks: Fraud and Loss-Who Pays?
- How to Win An Appeal–Persuasion To An Appellate Court
- Get Real! Real Estate Issues in Uncertain Economic Times
- Understanding the Basics of Crytocurrency and Digital Assets
CLLA Recorded Sessions
We are thrilled to announce that CLLA’s recorded Zoom discussions are available for your viewing pleasure. Whether you missed a session or simply want to revisit the invaluable insights shared, you can now access them at your convenience. Our esteemed panelists have shared their expertise on a wide range of topics, from bankruptcy to commercial law, and we are confident that you will find their discussions insightful and informative. So sit back, relax, and enjoy CLLA’s archived Zoom discussions. All recorded sessions are free to view and do not offer CLE or CEU credits.
CLICK HERE FOR ZOOM RECORDINGS
CLICK HERE FOR PRESENTATIONS
- Piercing the Corporate/LLC Veil Is A Reality: You Can Make It Happen!
- Mediating Bankruptcy Disputes: A Ghost-Runner On Second Or Need A New Game?
- Wire Transfers and Checks: Fraud and Loss-Who Pays?
- How to Win An Appeal–Persuasion To An Appellate Court
- Get Real! Real Estate Issues in Uncertain Economic Times
- Understanding the Basics of Crytocurrency and Digital Assets
ZOOM DISCUSSIONS
Monday, September 18, 2023
We Are Addicted to Purdue Pharma; You Should Be Too!
Now that the US Supreme Court has agreed to hear the appeal filed by the US Trustee Program in Purdue Pharma bankruptcy, speculation is rife as to what decision will follow and how it will affect the use of nonconsensual third-party releases in mass tort bankruptcy cases. Our panelists hold widely differing views as to the real economic impact of nonconsensual third-party releases and whether the Court’s decision will assure benefit or harm to mass tort victims and to the bankruptcy system overall.
PANELISTS
ADAM J. LEVITIN
Adam J. Levitin
Professor Levitin specializes in bankruptcy, commercial law, and financial regulation. His scholarship has won numerous awards, including the American Law Institute’s Young Scholar’s Medal, in recognition of his work’s potential to influence improvements in law.
Before joining Georgetown faculty, Professor Levitin practiced in the Business Finance & Restructuring Department of Weil, Gotshal, & Manges, LLP and served as law clerk to the Honorable Jane R. Roth on the United States Court of Appeals for the Third Circuit. Professor Levitin has also previously served as the Bruce W. Nichols Visiting Professor of Law at Harvard Law School, as the Robert Zinman Scholar in Residence at the American Bankruptcy Institute, as Special Counsel to the Congressional Oversight Panel for the Troubled Asset Relief Program, and on the Consumer Financial Protection Bureau’s Consumer Advisory Board.
WILLIAM (BILLY) ORGANEK
William (Billy) Organek
Assistant Professor of Law, Zicklin School of Business
Baruch College, New York, NY
William Organek is an Assistant Professor of Law at the Zicklin School of Business, and is the Managing Editor of the Harvard Law School Bankruptcy Roundtable. His research investigates bankruptcy’s operation as a system of public law regulation and private law ordering. His scholarship develops case studies with a blend of empirical analysis and insights from law and economics. His work also draws on his nearly ten years of legal practice and real estate business experience. His articles have been or are forthcoming in major law reviews and he has been featured on several podcasts of legal scholarship.
Prior to joining the Zicklin faculty, William was a Program Fellow with the Bankruptcy Project at Harvard Law School. Before that, he practiced law in the New York offices of two major international law firms, and he clerked for Judge Michael Wiles on the United States Bankruptcy Court for the Southern District of New York. Earlier in his career, he started a real estate business in China and lived in Shanghai for more than two years. He holds a J.D., cum laude, from Harvard Law School, and a B.A. in Economics-Philosophy from Columbia University.
HON. JUDITH K. FITZGERALD (RET.)
Hon. Judith K. Fitzgerald (Ret.)
Tucker Arensberg, P.C., Pittsburgh, PA
A long-time member of CLLA, and Retired U.S. Bankruptcy has been blessed with an exciting, challenging and intellectually stimulating career. As a Judicial Law Clerk, Assistant U.S. Attorney, Chief Bankruptcy Judge, Professor of Law, Practitioner at Tucker Arensberg, Arbitrator, Mediator, Author and Expert Witness, she has experienced a wide variety of legal disciplines and administrative responsibilities. Judi is a Professor in the Practice of Law at the University of Pittsburgh School of Law, where she teaches Bankruptcy and Advanced Bankruptcy. She is active in national and local professional organizations including the Commercial Law League of America, the American Law Institute, the American College of Bankruptcy. The American Bankruptcy institute and the American Inns of Court. Among other offices, she has served as President of the National Conference of Bankruptcy Judges and as Chair of the Bankruptcy Judges Advisory Committee to the Administrative Office of the U.S. Courts. Judi has received numerous awards and recognitions including the Commercial Law League’s Lawrence P. King Award for Excellence in Bankruptcy and the American Inns of Court Bankruptcy Alliance Distinguished Service Award. Judi consults and lectures in matters involving trial strategy, evidence, procedure, contracts, bankruptcy and professional responsibility, and participates on several committees and boards dedicated to fostering legal education and improving access to justice.
CANDICE KLINE
Candice Kline
Partner, Saul Ewing LLP, Chicago, IL
Candice Kline is a partner at Saul Ewing focused on bankruptcy and restructuring situations and litigation. She serves in leadership at various bar and trade associations and is a member of the CLLA’s Bankruptcy Section Executive Council and Board of Governors. Candice has an MBA and JD and began her legal career after many years in global commercial banking and business, including startups. She practices in Illinois and Ohio with a nationwide docket in complex commercial matters. Candice is a frequent speaker and writer on mass tort bankruptcies and third-party releases, including a long-running series in the Commercial Law World magazine.
MODERATOR: BEVERLY WEISS MANNE, ESQ.
Beverly Weiss Manne, Esq.
Tucker Arensberg, P.C., Pittsburgh, PA
Beverly is an experienced attorney who represents secured and unsecured creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings and in complex, and distressed business and commercial credit situations and commercial finance matters. Ms. Manne is licensed in Pennsylvania and Maryland. She also is an adjunct professor at University of Pittsburgh School of Law and teaches Payment Systems and Banking, and also taught Secured Transactions for many hears. From 1981 to 1986, she was an attorney with the USDA Office of General Counsel. Ms. Manne obtained her J.D. from the University of Pittsburgh as well as her B.A., magna cum laude, Phi Beta Kappa. She is a member of the Commercial Law League of America, serves on the Executive Council of its Creditors’ Rights Section and has served on the Executive Council of its Bankruptcy Section. Ms. Manne is immediate past Chair of the PBA Business Law Section, member, and ex-officio of the PBA Shale Energy Law Committee, the 2014 Uniform Voidable Transfer Act adoption task force, 2013 Insolvency Law Task Force, UCC Article 9 Revisions Adoption Task Forces in 2000 and 2010, and the Insolvency Law Task Force in 1994-1996. Ms. Manne is a founding member and ex-officio of the Judith K. Fitzgerald Bankruptcy Inn of Court. Ms. Manne frequent is a speaker, panelist, and course planner, locally and nationally on bankruptcy, mechanics lien, oil and gas and commercial issues. She is included in the Pennsylvania Super Lawyers Edition and Best Lawyers in America.
Thursday, April 27, 2023
Using ChatGPT and Other AI Tools to Perform Daily Work at Your Law Firm
This CLLA Zoom Discussion focused on the benefits of using AI tools such as ChatGPT to streamline daily administrative tasks at law firms. AI can be used for tasks such as drafting client emails, blogs, performing legal research and performing document reviews. By automating these tasks, lawyers and law firm owners can save time, reduce errors and increase efficiency. For example, ChatGPT can be used to draft emails, create simple documents (e.g., SOP’s, template letters, etc.) and even answer common client questions. Additionally, AI-powered document review tools can quickly and accurately review large volumes of documents, saving lawyers valuable time. After viewing this discussion, you will have a better understanding of what tools are available today and how they can be used at your law firm.
Allen Rodriguez
ONE400 founder Allen Rodriguez is a legal product development strategist who has been serving the legal industry for over 20 years. Over the course of his career, Allen has built a reputation for creating innovative legal services products as well as developing highly effective law firm business models and marketing strategies. Allen is a valued speaker on the topics of law marketing, legal services product development, and future of law issues. He has provided consulting and marketing services for companies such as McKinsey & Co., Coleman Research Group, LexisNexis, and Littler.
Prior to founding ONE400, Allen was the Director of Attorney Services at LegalZoom. While there, his work contributed to a substantial portion of overall revenue at the company and helped LegalZoom move from a provider of “do-it-yourself” legal services to a comprehensive legal solutions provider, incorporating attorney-fulfilled work across all U.S. jurisdictions. Allen’s immersion in the legal industry began running operations at the Los Angeles County Bar Association’s Lawyer Referral Service. While there, his marketing knowledge, operational developments, and leadership helped generate millions of dollars in revenue for the association.
Allen is also an adviser to legal tech startups and a board member of the Group Legal Services Association, a member of the Chicago Bar Foundation’s National Advisory Council for their Sustainable Practice of Law Initiative and a former California State Bar Task Force member on the Access Through Innovation of Legal Services (ATILS) panel. Allen Rodriguez is also a proud veteran of the United States Army.
Wednesday, June 7, 2023
Decision Time: Second Circuit Allows Controversial Nonconsensual Third-Party Releases in Purdue Pharma Chapter 11 Plan
Please join our distinguished panel of lawyers and law professors as they discuss the Second Circuit’s important Purdue Pharma decision. Whether you want to learn more about the circuit’s position, consider its impact on mass tort practice and venue selection, or weigh the potential for Supreme Court review, this powerhouse panel will deliver unparalleled insights.
PRESENTERS
RALPH BRUBAKER
Ralph Brubaker is the James H.M. Sprayregen Professor of Law at the University of Illinois, where he teaches courses in bankruptcy, bankruptcy procedure, corporate reorganizations, contracts, conflict of laws (private international law), and restitution. Professor Brubaker has three degrees from the University of Illinois, including his J.D. summa cum laude and an M.B.A., and he received Bronze Tablet distinction (highest honors) and C.P.A. certification as an undergraduate. He clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit, and he practiced in the bankruptcy and corporate reorganization group with the law firm Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio. Professor Brubaker was a member of the faculty at the Emory University School of Law in Atlanta, Georgia from 1995 until 2004, when he returned to his alma mater. Professor Brubaker is the Editor-in-Chief and a contributing author for West’s Bankruptcy Law Letter, he is co-author of a bankruptcy casebook, and he has written dozens of journal articles and essays. He is particularly an expert in the complex jurisdictional and procedural facets of federal bankruptcy proceedings. Professor Brubaker has been an editorial advisor for the American Bankruptcy Law Journal, the American Bankruptcy Institute Law Review, and the Emory Bankruptcy Developments Journal. He is a member of the American Law Institute, a Conferee of the National Bankruptcy Conference, and a Fellow of the American College of Bankruptcy, for which he has been the Scholar-in-Residence. Professor Brubaker has served on the executive committee of the board of directors of the American Bankruptcy Institute (ABI), and he was a member of the advisory committee on business enterprise sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.
KAREN CORDRY
Karen Cordry is the bankruptcy and special issues counsel for the National Association of
Attorneys General. She graduated with highest honors from Wayne State University Law School in 1977 and subsequently obtained an L.L.M., again with highest honors, from George Washington University in 1987. She worked for the National Labor Relations Board (NLRB) from 1977 until February 1992; since then, she has been employed at the National Association of Attorneys General (NAAG).
Since coming to NAAG, Karen has worked to assist state agencies to take a more active role in enforcing state regulatory policies and collecting financial obligations during bankruptcy proceedings. In addition to conducting multi-day seminars on “Bankruptcy and the Government Lawyer,” she has spoken at many other bankruptcy programs, and written articles on bankruptcy issues of interest to governmental entities for many publications, including several for Norton’s Annual Survey of Bankruptcy Law. She also serves as an editor and contributor for the “Affairs of State” column for the American Bankruptcy Institute Journal. She maintains a network for state attorneys working on bankruptcy issues and publishes a quarterly bulletin describing important new cases. She has also represented the claims of many states in a number of cases, ranging from taxes to consumer protection to environmental protection to tobacco cases and has sat as the states’ representative on the creditors’ committee in a number of asbestos bankruptcy cases. She is currently preparing the second edition of her bankruptcy manual, “Bankruptcy Law and the Governmental Regulatory Process,” which explores the interaction between governmental enforcement actions and the Bankruptcy Code. She also leads programs for the National Attorneys General Training and Research Institute (“NAGTRI”) on state defense litigation.
MELISSA B. JACOBY
Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill, where she teaches bankruptcy law, contract law, and commercial law. In 2021, Jacoby was appointed by Chief Justice of the United States John Roberts to assist the Federal Judicial Center on educational programming for bankruptcy judges. Jacoby’s book about the American bankruptcy system is under contract with The New Press.
Jacoby has been elected to the American Law Institute, the National Bankruptcy Conference, the American College of Bankruptcy, and the American College of Commercial Finance Lawyers, and has served as the Robert M. Zinman Scholar for the American Bankruptcy Institute. She is a recipient of the Grant Gilmore Award for scholarship from the American College of Commercial Finance Lawyers and the Byrd Award for teaching, among other honors.
Jacoby held judicial clerkships with the Honorable Robert E. Ginsberg of the United States Bankruptcy Court for the Northern District of Illinois and the Honorable Marjorie O. Rendell of the United States Court of Appeals for the Third Circuit, and was a staff attorney for the National Bankruptcy Review Commission. Before joining the faculty at UNC, she taught for four years at Temple University in Philadelphia. Jacoby graduated from the University of Pennsylvania Law School, as well as from Penn’s College of Arts and Sciences, where she was a history major.
CANDICE KLINE
MODERATOR: ERIC VAN HORN
Eric Van Horn is a partner in the Dallas office of Spencer Fane LLP, a national business law firm with offices throughout the country. Eric assists clients nationwide with all aspects of bankruptcy, reorganizations, negotiations, collection actions, multijurisdictional insolvencies, and corporate liquidations. His work in complex Chapter11 and Chapter 7 bankruptcy cases has involved representing committees of unsecured creditors and investors, debtors, trustees, secured lenders, landlords, and general unsecured creditors (including critical vendors and suppliers). He also defends clients against bankruptcy preference and fraudulent transfer (clawback) lawsuits and assists clients in bidding on and acquiring assets out of bankruptcy cases. His specific industry experience includes clients in oil and gas, manufacturing, health care, restaurant, manufacturing, retail, and technology industries.
Eric served as a judicial law clerk to the Honorable Leif M. Clark, retired bankruptcy judge in the Western District of Texas, San Antonio. He graduated from The University of Texas School of Law and served as a Research Assistant for Professor Jay L. Westbrook.
ZOOM DISCUSSIONS
Thursday, April 27, 2023
Using ChatGPT and Other AI Tools to Perform Daily Work at Your Law Firm
This CLLA Zoom Discussion focused on the benefits of using AI tools such as ChatGPT to streamline daily administrative tasks at law firms. AI can be used for tasks such as drafting client emails, blogs, performing legal research and performing document reviews. By automating these tasks, lawyers and law firm owners can save time, reduce errors and increase efficiency. For example, ChatGPT can be used to draft emails, create simple documents (e.g., SOP’s, template letters, etc.) and even answer common client questions. Additionally, AI-powered document review tools can quickly and accurately review large volumes of documents, saving lawyers valuable time. After viewing this discussion, you will have a better understanding of what tools are available today and how they can be used at your law firm.
Allen Rodriguez
ONE400 founder Allen Rodriguez is a legal product development strategist who has been serving the legal industry for over 20 years. Over the course of his career, Allen has built a reputation for creating innovative legal services products as well as developing highly effective law firm business models and marketing strategies. Allen is a valued speaker on the topics of law marketing, legal services product development, and future of law issues. He has provided consulting and marketing services for companies such as McKinsey & Co., Coleman Research Group, LexisNexis, and Littler.
Prior to founding ONE400, Allen was the Director of Attorney Services at LegalZoom. While there, his work contributed to a substantial portion of overall revenue at the company and helped LegalZoom move from a provider of “do-it-yourself” legal services to a comprehensive legal solutions provider, incorporating attorney-fulfilled work across all U.S. jurisdictions. Allen’s immersion in the legal industry began running operations at the Los Angeles County Bar Association’s Lawyer Referral Service. While there, his marketing knowledge, operational developments, and leadership helped generate millions of dollars in revenue for the association.
Allen is also an adviser to legal tech startups and a board member of the Group Legal Services Association, a member of the Chicago Bar Foundation’s National Advisory Council for their Sustainable Practice of Law Initiative and a former California State Bar Task Force member on the Access Through Innovation of Legal Services (ATILS) panel. Allen Rodriguez is also a proud veteran of the United States Army.
Wednesday, June 7, 2023
Decision Time: Second Circuit Allows Controversial Nonconsensual Third-Party Releases in Purdue Pharma Chapter 11 Plan
Please join our distinguished panel of lawyers and law professors as they discuss the Second Circuit’s important Purdue Pharma decision. Whether you want to learn more about the circuit’s position, consider its impact on mass tort practice and venue selection, or weigh the potential for Supreme Court review, this powerhouse panel will deliver unparalleled insights.
PRESENTERS
RALPH BRUBAKER
Ralph Brubaker is the James H.M. Sprayregen Professor of Law at the University of Illinois, where he teaches courses in bankruptcy, bankruptcy procedure, corporate reorganizations, contracts, conflict of laws (private international law), and restitution. Professor Brubaker has three degrees from the University of Illinois, including his J.D. summa cum laude and an M.B.A., and he received Bronze Tablet distinction (highest honors) and C.P.A. certification as an undergraduate. He clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit, and he practiced in the bankruptcy and corporate reorganization group with the law firm Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio. Professor Brubaker was a member of the faculty at the Emory University School of Law in Atlanta, Georgia from 1995 until 2004, when he returned to his alma mater. Professor Brubaker is the Editor-in-Chief and a contributing author for West’s Bankruptcy Law Letter, he is co-author of a bankruptcy casebook, and he has written dozens of journal articles and essays. He is particularly an expert in the complex jurisdictional and procedural facets of federal bankruptcy proceedings. Professor Brubaker has been an editorial advisor for the American Bankruptcy Law Journal, the American Bankruptcy Institute Law Review, and the Emory Bankruptcy Developments Journal. He is a member of the American Law Institute, a Conferee of the National Bankruptcy Conference, and a Fellow of the American College of Bankruptcy, for which he has been the Scholar-in-Residence. Professor Brubaker has served on the executive committee of the board of directors of the American Bankruptcy Institute (ABI), and he was a member of the advisory committee on business enterprise sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.
KAREN CORDRY
Karen Cordry is the bankruptcy and special issues counsel for the National Association of
Attorneys General. She graduated with highest honors from Wayne State University Law School in 1977 and subsequently obtained an L.L.M., again with highest honors, from George Washington University in 1987. She worked for the National Labor Relations Board (NLRB) from 1977 until February 1992; since then, she has been employed at the National Association of Attorneys General (NAAG).
Since coming to NAAG, Karen has worked to assist state agencies to take a more active role in enforcing state regulatory policies and collecting financial obligations during bankruptcy proceedings. In addition to conducting multi-day seminars on “Bankruptcy and the Government Lawyer,” she has spoken at many other bankruptcy programs, and written articles on bankruptcy issues of interest to governmental entities for many publications, including several for Norton’s Annual Survey of Bankruptcy Law. She also serves as an editor and contributor for the “Affairs of State” column for the American Bankruptcy Institute Journal. She maintains a network for state attorneys working on bankruptcy issues and publishes a quarterly bulletin describing important new cases. She has also represented the claims of many states in a number of cases, ranging from taxes to consumer protection to environmental protection to tobacco cases and has sat as the states’ representative on the creditors’ committee in a number of asbestos bankruptcy cases. She is currently preparing the second edition of her bankruptcy manual, “Bankruptcy Law and the Governmental Regulatory Process,” which explores the interaction between governmental enforcement actions and the Bankruptcy Code. She also leads programs for the National Attorneys General Training and Research Institute (“NAGTRI”) on state defense litigation.
MELISSA B. JACOBY
Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill, where she teaches bankruptcy law, contract law, and commercial law. In 2021, Jacoby was appointed by Chief Justice of the United States John Roberts to assist the Federal Judicial Center on educational programming for bankruptcy judges. Jacoby’s book about the American bankruptcy system is under contract with The New Press.
Jacoby has been elected to the American Law Institute, the National Bankruptcy Conference, the American College of Bankruptcy, and the American College of Commercial Finance Lawyers, and has served as the Robert M. Zinman Scholar for the American Bankruptcy Institute. She is a recipient of the Grant Gilmore Award for scholarship from the American College of Commercial Finance Lawyers and the Byrd Award for teaching, among other honors.
Jacoby held judicial clerkships with the Honorable Robert E. Ginsberg of the United States Bankruptcy Court for the Northern District of Illinois and the Honorable Marjorie O. Rendell of the United States Court of Appeals for the Third Circuit, and was a staff attorney for the National Bankruptcy Review Commission. Before joining the faculty at UNC, she taught for four years at Temple University in Philadelphia. Jacoby graduated from the University of Pennsylvania Law School, as well as from Penn’s College of Arts and Sciences, where she was a history major.
CANDICE KLINE
MODERATOR: ERIC VAN HORN
Eric Van Horn is a partner in the Dallas office of Spencer Fane LLP, a national business law firm with offices throughout the country. Eric assists clients nationwide with all aspects of bankruptcy, reorganizations, negotiations, collection actions, multijurisdictional insolvencies, and corporate liquidations. His work in complex Chapter11 and Chapter 7 bankruptcy cases has involved representing committees of unsecured creditors and investors, debtors, trustees, secured lenders, landlords, and general unsecured creditors (including critical vendors and suppliers). He also defends clients against bankruptcy preference and fraudulent transfer (clawback) lawsuits and assists clients in bidding on and acquiring assets out of bankruptcy cases. His specific industry experience includes clients in oil and gas, manufacturing, health care, restaurant, manufacturing, retail, and technology industries.
Eric served as a judicial law clerk to the Honorable Leif M. Clark, retired bankruptcy judge in the Western District of Texas, San Antonio. He graduated from The University of Texas School of Law and served as a Research Assistant for Professor Jay L. Westbrook.
PRESENTATIONS
Thursday, May 18, 2023
Piercing the Corporate/LLC Veil Is A Reality: You Can Make It Happen!
Creditors’ attorneys are faced with an increasing demand for asset location, judgment enforcement, and debt recovery, all while debtors are attempting to shield their assets. Effectively using the tools to pierce the corporate/LLC veil and find alter ego liability is essential to satisfy debts and judgments. Learn the strategies, tactics, and methods, in four specific real-life case studies which led to a seemingly uncollectible debt being collected. The application of litigating against corporate/LCC shells, navigating complex corporate liability issues, applying Successor-in-Interest, De Facto Merger, and Alias Theory will be discussed.
Timothy Wan, Smith Carroad Wan & Parikh
Timothy Wan, Esq. is Senior Partner and the Chief Executive Officer (CEO) of Smith Carroad Wan & Parikh. Mr. Wan’s areas of expertise include managing the creditor’s rights and collection law practice, serving as General Counsel to various small businesses in the local business community, and spearheading practice in the area of entertainment law, music law, copyright, and intellectual property. Mr. Wan was admitted to the New York State Bar in January 2001, after graduating from Brooklyn Law School for his Juris Doctor where he was a member of the Moot Court Honor Society, and from Vassar College with a double B.A. in Political Science and Theatre in 1997. This background has fostered Mr. Wan’s trial and courtroom skills; throughout his career, he has successfully tried several hundred litigation matters, as well as successfully brought and defended appeals on healthcare-related matters to the appellate courts in the State of New York. Mr. Wan is admitted to the United States District Court for the Southern and Eastern Districts, and a member of the New York State and Suffolk County Bar Associations. Mr. Wan is a Past Chair of the Eastern Region of the Commercial Law League of America, a Past Chair of the CLLA Young Member’s Section, past member of the Board of Governors, and served as the first ever two-consecutive-term President from 2019-2021. He also serves as the President of the New York State Creditors Bar Association. Mr. Wan is a two-time Past President of the Infinite Exchange Chapter of BNI, and a member of the International Association of Commercial Collectors. Mr. Wan is a published author of the New York chapter of the textbook, Judgement Enforcement published by Aspen Publishing, and is a featured columnist and on the Board of Associate Editors for Commercial Law World. He is also the attorney advisor to the Commack High School Mock Trial team, and regularly lectures on topics regarding creditor’s rights, collection law, business change management, improving business efficiency, and legal strategy.
Prior to founding ONE400, Allen was the Director of Attorney Services at LegalZoom. While there, his work contributed to a substantial portion of overall revenue at the company and helped LegalZoom move from a provider of “do-it-yourself” legal services to a comprehensive legal solutions provider, incorporating attorney-fulfilled work across all U.S. jurisdictions. Allen’s immersion in the legal industry began running operations at the Los Angeles County Bar Association’s Lawyer Referral Service. While there, his marketing knowledge, operational developments, and leadership helped generate millions of dollars in revenue for the association.
Allen is also an adviser to legal tech startups and a board member of the Group Legal Services Association, a member of the Chicago Bar Foundation’s National Advisory Council for their Sustainable Practice of Law Initiative and a former California State Bar Task Force member on the Access Through Innovation of Legal Services (ATILS) panel. Allen Rodriguez is also a proud veteran of the United States Army.
Thursday, May 18, 2023
Mediating Bankruptcy Disputes: A Ghost-Runner On Second Or Need A New Game?
Bankruptcy practice relies on mediation from preferences to chapter 11 plan formulation and confirmation, and many other claims and litigation disputes in a wide variety of settings, including appeals. The use and practice of mediation has generated some debate among academic and practitioner commentators, suggesting the issue is well developed for discussion. What are the pros/cons of current practices for mediating bankruptcy settlements for plan confirmation purposes? Is mandatory mediation akin to a “tax” for parties, i.e., in preference actions and chapter 11 plan disputes, does mediation provide real value? What other mediation and ADR models should be considered, including the use of staff mediator programs? Among observers and practitioners, what best practices and opportunities for reform are worth highlighting? For example, is recourse to mediation appropriate if what is being mediated is a potentially unconfirmable plan? If mediation drags on, are there any mechanisms that could encourage efficiency? Who decides which players should have a seat at the table in the mediation? What about discovery and confidentiality complications? Is there value to transparency and accountability, or is that overrated? How does transparency and accountability dove-tail with confidentiality requirements?
PRESENTERS
CANDICE KLINE, Saul Ewing LLP
Candice Kline is a partner at Saul Ewing LLP focusing on bankruptcy and restructuring situations and litigation. She serves in leadership at various bar and trade associations and is a member of the CLLA’s Bankruptcy Section Executive Council. Candice has an MBA and JD and began her legal career after many years in global commercial banking and business, including startups. She practices in Illinois and Ohio with a nationwide docket in complex commercial matters.
HON. JUDITH FITZGERALD (Ret.), Tucker Arensberg, PC
Hon. Judith Fitzgerald (Ret.) Retired U.S. Bankruptcy Judge, Judith K. Fitzgerald served in her home jurisdiction in the Western District of Pennsylvania for nearly 26 years. She sat by designation in the District of Delaware, the Eastern District of Pennsylvania and the District of the U.S. Virgin Islands. She has been blessed with an exciting, challenging and intellectually stimulating career. As a Judicial Law Clerk, Assistant U.S. Attorney, Chief Bankruptcy Judge, Professor of Law, Practitioner at Tucker Arensberg, Arbitrator, Mediator, Author and Expert Witness, she has experienced a wide variety of legal disciplines and administrative responsibilities. Judi is a Professor in the Practice of Law at the University of Pittsburgh School of Law, where she teaches Bankruptcy and Advanced Bankruptcy. She is active in national and local professional organizations including the American Law Institute, the American College of Bankruptcy, the American Inns of Court, Commercial Law League of America, and the American Bankruptcy Institute. Among other offices, she has served as President of the National Conference of Bankruptcy Judges and as Chair of the Bankruptcy Judges Advisory Committee to the Administrative Office of the U.S. Courts. Judi has received numerous awards and recognitions including the Commercial Law League’s Lawrence P. King Award for Excellence in Bankruptcy and the American Inns of Court Bankruptcy Alliance Distinguished Service Award. Judi consults and lectures in matters involving trial strategy, professional responsibility, bankruptcy including mass tort bankruptcies, evidence, procedure, and contracts and participates on several committees and boards dedicated to fostering legal education and improving access to justice.
LESLIE BERKOFF, Morritt Hock & Hamroff, LLP
Leslie A. Berkoff is a Partner with Moritt Hock & Hamroff LLP where she serves as Chair of the firm’s Dispute Resolution Practice Group and is the former Co-Chair of the firm’s Creditors’ Rights and Restructuring Department. Ms. Berkoff splits her practice between these two Practice Groups. In the restructuring space, she concentrates her practice in chapter 11 cases, bankruptcy litigation and corporate workouts, where she represents a variety of corporate debtors, trustees, creditors, and creditor committees both nationally and locally. Ms. Berkoff is an experienced commercial litigator. Ms. Berkoff’s Dispute Resolution practice has her frequently serving as an ad hoc and panel mediator; she is on the Mediation Panel for the Eastern and Southern Districts of the United States Bankruptcy Courts in New York, the United States Bankruptcy Courts in Delaware, and the Eastern District of Pennsylvania, as well as the Commercial Mediation Panel for Nassau County and the American Arbitration Association (“AAA”). Ms. Berkoff also serves as a member of the Second Circuit United States Court of Appeals Pro Bono Appellate Mediation Panel and as a Special Master in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department Mediation Program.Ms. Berkoff is also a trained arbitrator and is a member of the AAA panel.
Ms. Berkoff is the immediate past Co-Chair of the American Bankruptcy Institute’s (ABI) Mediation Committee and is a contributing editor of the quarterly column “Mediation Matters.” She has also served as Co-Editor and contributing author of the ABI’s Bankruptcy Mediation Manual. Ms. Berkoff also serves as the American Bar Association (“ABA”) Business Law Section’s representative on the Dispute Resolution Advisory Council, and is the Chair of the Dispute Resolution Committee, the Vice Chair of Programming for the Business Bankruptcy Committee of the Business Law Section and the Vice Chair of the Bankruptcy Court Structure and Insolvency Committee. She is a contributing editor for the ABA publication “Business Law Today” on Dispute Resolution. Ms. Berkoff speaks and writes frequently on topics concerning both Dispute Resolution and Bankruptcy.
Prior to joining Moritt Hock & Hamroff LLP, Ms. Berkoff served as a law clerk to the Honorable Jerome Feller, United States Bankruptcy Judge in the Eastern District of New York, from 1991 to 1993 and to the Honorable Allyne R. Ross, Federal Magistrate Judge in the Eastern District of New York, from 1990 to 1991.
Thursday, May 18, 2023
Wire Transfers and Checks: Fraud and Loss-Who Pays?
How do your clients pay for goods and services? Wire transfers? Checks? Payment fraud losses worldwide are in the billions of dollars. Losses due to fraud worldwide increased by 14% in 2021. Who gets stuck with the loss when a payment order or a check is fraudulent? This panel will address issues related to several payment systems (wire transfers – UCC Article 4A, and checks – UCC Articles 3 and 4) and the allocation of the risk of loss arising from, among other things, fraud.
PRESENTERS
CARTER H. KLEIN, Jenner & Block LLP
Carter H. Klein is currently Of Counsel with Jenner & Block LLP and has practiced in its Commercial and Corporate Law Departments since 1974 after a two year judicial clerkship. He is liaison for the ABA’s Uniform Commercial Code (UCC) Committee to the Permanent Editorial Board of the UCC; Past Chair of ABA’s Payments Law and Letter of Credit Subcommittees and the Chicago Bar Association’s Commercial and Financial Transactions, International & Foreign Law, and Consumer Credit Committees; and for 45 years was co-author of three books on the payment articles of the Uniform Commercial Code.
BEVERLY WEISS MANNE, ESQ, Tucker Arensberg, PC
Beverly Weiss Manne, Esq. Tucker Arensberg P.C. – is an experienced attorney who represents secured and unsecured creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings and in complex, and distressed business and commercial credit situations and commercial finance matters. Ms. Manne is licensed in Pennsylvania and Maryland. She also is an adjunct professor at University of Pittsburgh School of Law and teaches Payment Systems and Banking, and also taught Secured Transactions for many hears. From 1981 to 1986, she was an attorney with the USDA Office of General Counsel. Ms. Manne obtained her J.D. from the University of Pittsburgh as well as her B.A., magna cum laude, Phi Beta Kappa. She is a member of the Commercial Law League of America, serves on the Executive Council of its Creditors’ Rights Section and has served on the Executive Council of its Bankruptcy Section. Ms. Manne is Chair of the PBA Business Law Section, a member and ex-officio of the PBA Shale Energy Law Committee, the 2014 Uniform Voidable Transfer Act adoption task force, 2013 Insolvency Law Task Force, UCC Article 9 Revisions Adoption Task Forces in 2000 and 2010, and the Insolvency Law Task Force in 1994-1996. Ms. Manne is a founding member and ex-officio of the Judith K. Fitzgerald Bankruptcy Inn of Court. Ms. Manne frequently is a speaker, panelist and course planner, locally and nationally on bankruptcy, mechanics lien, oil and gas and commercial issues. She is included in the Pennsylvania “Super Lawyers Edition” and “Best Lawyers in America.”
Thursday, May 18, 2023
How to Win An Appeal–Persuasion To An Appellate Court
Bankruptcy appeals present unique challenges. The panel of judges will offer guidance on bankruptcy appellate practice while also providing tips beneficial to all attorneys arguing a matter before a court. The panel will address when an appeal is available, including how to determine whether a bankruptcy order is final. Attendees will learn the factors to consider when choosing a forum, a choice that varies substantially from circuit to circuit. For example, practitioners must determine whether to take a direct appeal to the circuit court or an intermediate appeal to the district court or bankruptcy appellate panel, an option only in the First, Sixth, Eighth, Ninth, and Tenth Circuits. The panelists will offer their expertise on how to best present an appeal orally and in writing, including how to address technical issues before a tribunal that lacks bankruptcy expertise, as well as on how to decide whether to take an appeal—including the potential risks that should be considered—and how to handle relations with the client.
PRESENTERS
HON. JOAN FEENEY (Ret.), JAMS
Hon. Judith Fitzgerald (Ret.) Retired U.S. Bankruptcy Judge, Judith K. Fitzgerald served in her home jurisdiction in the Western District of Pennsylvania for nearly 26 years. She sat by designation in the District of Delaware, the Eastern District of Pennsylvania and the District of the U.S. Virgin Islands. She has been blessed with an exciting, challenging and intellectually stimulating career. As a Judicial Law Clerk, Assistant U.S. Attorney, Chief Bankruptcy Judge, Professor of Law, Practitioner at Tucker Arensberg, Arbitrator, Mediator, Author and Expert Witness, she has experienced a wide variety of legal disciplines and administrative responsibilities. Judi is a Professor in the Practice of Law at the University of Pittsburgh School of Law, where she teaches Bankruptcy and Advanced Bankruptcy. She is active in national and local professional organizations including the American Law Institute, the American College of Bankruptcy, the American Inns of Court, Commercial Law League of America, and the American Bankruptcy Institute. Among other offices, she has served as President of the National Conference of Bankruptcy Judges and as Chair of the Bankruptcy Judges Advisory Committee to the Administrative Office of the U.S. Courts. Judi has received numerous awards and recognitions including the Commercial Law League’s Lawrence P. King Award for Excellence in Bankruptcy and the American Inns of Court Bankruptcy Alliance Distinguished Service Award. Judi consults and lectures in matters involving trial strategy, professional responsibility, bankruptcy including mass tort bankruptcies, evidence, procedure, and contracts and participates on several committees and boards dedicated to fostering legal education and improving access to justice.
HON. EUGENE R. WEDOFF (Ret.), US Bankruptcy Court, Northern District of IL
Hon. Eugene R. Wedoff (Ret.) was a bankruptcy judge in Chicago from 1987 to 2015, and chief judge from 2002 to 2007. He has served as chair of the Advisory Committee on Bankruptcy Rules and president of both the National Conference of Bankruptcy Judges and the American Bankruptcy Institute. Since 2015, he has engaged in exclusively pro bono representation of clients in bankruptcy appeals.
HON. MARY ANN WHIPPLE, US Bankruptcy Court, Northern District of OH
Hon. Mary Ann Whipple has served as a United States Bankruptcy Judge for the Northern District of Ohio, Western Division, at Toledo, since 2001 and is currently the chief bankruptcy judge of the district. She also served on the Sixth Circuit Bankruptcy Appellate Panel.
Judge Whipple grew up in Toledo. She graduated from the University of Michigan in 1977 with an A.B. degree in Russian Studies and Stanford Law School in 1981 with a J.D. degree.
Before becoming a bankruptcy judge, Judge Whipple practiced law for twenty years as a commercial, bankruptcy and employment litigator with the Toledo firm Fuller & Henry Ltd. She is admitted to practice in Ohio and Michigan.
Judge Whipple taught Creditor/Debtor Law for more than 20 years as a part-time faculty member at the University of Toledo College of Law. In addition to teaching, she has served her community as a member of the executive boards of the Owens Community College Foundation, American Red Cross-Greater Toledo Area Chapter, Lucas County Mental Health Board, Toledo Area Chamber of Commerce, Family Service of Northwest Ohio and University of Michigan Club of Toledo. She is a master in and past President ofThe Morrison R. Waite Chapter of the American Inns of Court Foundation. Judge Whipple received The Toledo Bar Association’s 2008 Community Service Award and the Toledo Women’s Bar Association’s 2016 Arabella Babb Mansfield Award.
Thursday, May 18, 2023
Get Real! Real Estate Issues in Uncertain Economic Times
The panelists will address how to approach issues in bankruptcy involving real estate and the impact of uncertainty in the markets. As interest rates and inflation continue their rise and economists struggle to predict what comes next, practitioners must deal with the reverberations in the bankruptcy world and determine how best to resolve valuation fights, cash collateral and adequate protection disputes, and other issues related to leasehold interests, executory contracts, plan confirmation, and § 363 sales. The panel will address the various valuation methodologies and how the typical battle of the experts has evolved to account for economic uncertainty. The panel will also discuss financing options available to distressed companies inside and outside of bankruptcy, the advantages of bankruptcy over other reorganization alternatives (including tax advantages), and what practitioners are likely to see when lenders change practices and/or reorganization efforts fail.
PRESENTERS
JACK ROSE, JR2G, LLC
Jack Rose is the CEO and founder of JR2G, LLC. The firm focuses on purchasing properties in secondary and tertiary markets. Jack is former Managing Director at Kroll LLC in the Restructuring Advisory practice in New York, where he focused his practice on distressed real estate. More than likely you may know Jack from his past life where he spent 30 years as a bankruptcy lawyer with Rosenberg & Estis, Ashurst, White & Case, Rogers & Wells (now Clifford Chance) and Weil Gotshal.
BEVERLY WEISS MANNE, ESQ, Tucker Arensberg, PC
Beverly Weiss Manne, Esq. Tucker Arensberg P.C. – is an experienced attorney who represents secured and unsecured creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings and in complex, and distressed business and commercial credit situations and commercial finance matters. Ms. Manne is licensed in Pennsylvania and Maryland. She also is an adjunct professor at University of Pittsburgh School of Law and teaches Payment Systems and Banking, and also taught Secured Transactions for many hears. From 1981 to 1986, she was an attorney with the USDA Office of General Counsel. Ms. Manne obtained her J.D. from the University of Pittsburgh as well as her B.A., magna cum laude, Phi Beta Kappa. She is a member of the Commercial Law League of America, serves on the Executive Council of its Creditors’ Rights Section and has served on the Executive Council of its Bankruptcy Section. Ms. Manne is Chair of the PBA Business Law Section, a member and ex-officio of the PBA Shale Energy Law Committee, the 2014 Uniform Voidable Transfer Act adoption task force, 2013 Insolvency Law Task Force, UCC Article 9 Revisions Adoption Task Forces in 2000 and 2010, and the Insolvency Law Task Force in 1994-1996. Ms. Manne is a founding member and ex-officio of the Judith K. Fitzgerald Bankruptcy Inn of Court. Ms. Manne frequently is a speaker, panelist and course planner, locally and nationally on bankruptcy, mechanics lien, oil and gas and commercial issues. She is included in the Pennsylvania “Super Lawyers Edition” and “Best Lawyers in America.”
HON. THOMAS M. LYNCH, US Bankruptcy Court, Northern District of IL
Hon. Thomas M. Lynch was appointed to the United States Bankruptcy Court for the Northern District of Illinois in January 2013. He is a graduate of the Northwestern University School of Law. Judge Lynch earned his undergraduate degree from the University of Dayton and M.A. from the University of Chicago.
Prior to joining the bench Judge Lynch practiced law in Chicago. He began his legal career in the litigation and bankruptcy departments of Winston & Strawn. He was a partner at Wildman, Harrold, Allen & Dixon and then at Baker & Daniels (now Faegre Drinker). For nearly thirty years he tried cases throughout the United States, representing clients in business disputes and bankruptcy and commercial matters. Before law school Tom was an economic analyst and executive in the public sector. While a senior executive in the City of Chicago’s Department of Finance during the late 1970’s, he assisted with the formulation and implementation of the city’s financial restructuring.
Judge Lynch has been an adjunct faculty member at the Northwestern University Pritzker School of Law since 1998. He also served on the faculty of the National Institute for Trial Advocacy (NITA) for more than two decades, and he frequently lectures on bankruptcy, financial issues, evidence and trial practice to the bench, bar, business organizations and the general public.
FRIday, May 19, 2023
Understanding the Basics of Crytocurrency and Digital Assets
While the recent bankruptcies of crypto currency exchanges such as FTX, Celsius, and BlockFi have kept creditors’ rights and bankruptcy attorneys especially busy, the cryptocurrency and digital assets space remains an ever-evolving labyrinth of confusing concepts and technologies for most lawyers. This program is designed to provide practitioners a basic understanding of the concepts underlying technologies such as cryptocurrencies, NFTs, digital tokens, and other digital assets. The panel will also discuss the panoply of collection, regulatory, and bankruptcy issues that remain pervasive in this space.
PRESENTERS
OWEN G. HARE, ESQ., Friedman, Framme & Thrush PA
Owen G. Hare, Esq. received his Bachelor of Arts from Tulane University in 2006 where he graduated with a Major in Political Science and a Minor in History. Mr. Hare attended the Tulane University Law School and obtained his Juris Doctorate in 2009. He also received a Certificate in Admiralty and Maritime Law and worked for the Tulane University Domestic Violence Clinic. Mr. Hare worked as the Managing Attorney of Florida Bankruptcy at a large national law firm for several years handling a wide spectrum of creditor rights and bankruptcy matters for secured and unsecured creditors. Mr. Hare also worked as the managing partner of a firm he started handling creditor’s rights and bankruptcy work for creditors before joining Friedman, Framme & Thrush. P.A., in April, 2016. Mr. Hare is a Principal of Friedman, Framme & Thrush. P.A., a law firm based in Owings Mills, MD. His practice has a primary focus on Commercial Bankruptcy, Commercial litigation, Banking and Finance, Commercial Creditor’s rights, and Complex Consumer Bankruptcy. Mr. Hare is an active member of the CLLA serving on the Marketing Subcommittee and Young Members Section Executive Council. Mr. Hare is licensed to practice in state, federal, and bankruptcy courts in Maryland, Florida, and the District of Columbia.
BRAD COUNCIL, Slovin & Associates Co., LPA
Brad A. Council is a partner in the Cincinnati based law firm of Slovin & Associates Co., LPA. His practice covers all areas of commercial litigation, creditor’s rights including compliance with federal and state consumer credit and collection laws, and landlord-tenant matters. He frequently represents national banking associations, finance companies, medical service providers, debt-buyers, and other credit grantors in the areas of creditor’s rights and account receivables management. He also regularly advises and counsels these organizations on issues related to compliance with the Fair Debt Collection Practices Act (FDCPA), as well as similar state law acts and regulations. Brad also represents manufacturers, sub-contractors, and material suppliers involving actions under the Uniform Commercial Code relating to sales, leases, and secured transactions.
Brad is a past chair of the Midwest Region for the Commercial Law League of America and is currently the Secretary of the Young Members Section and member of the Creditor’s Rights Executive Council. The CLLA is North America’s oldest Creditor’s Rights Organization and has been operating since 1895. Brad is also the co-chair of the Ohio Legislative Committee for RMA International, the nation’s premier trade association for companies that purchase receivables on the secondary market.
Brad received his Bachelor of Arts from the University of Illinois at Chicago in 2003 and his Juris Doctor from the Northern Kentucky University, Salmon P. Chase College of Law in 2006. During law school Brad served as the Symposium Editor for the Northern Kentucky Law Review.
Brad is licensed to practice law in the States of Ohio, Kentucky, and Indiana. He is also licensed to practice before the U.S. District Court for the Northern and Southern Districts of Ohio and Indiana.
PRESENTATIONS
Thursday, May 18, 2023
Piercing the Corporate/LLC Veil Is A Reality: You Can Make It Happen!
Creditors’ attorneys are faced with an increasing demand for asset location, judgment enforcement, and debt recovery, all while debtors are attempting to shield their assets. Effectively using the tools to pierce the corporate/LLC veil and find alter ego liability is essential to satisfy debts and judgments. Learn the strategies, tactics, and methods, in four specific real-life case studies which led to a seemingly uncollectible debt being collected. The application of litigating against corporate/LCC shells, navigating complex corporate liability issues, applying Successor-in-Interest, De Facto Merger, and Alias Theory will be discussed.
Timothy Wan, Smith Carroad Wan & Parikh
Timothy Wan, Esq. is Senior Partner and the Chief Executive Officer (CEO) of Smith Carroad Wan & Parikh. Mr. Wan’s areas of expertise include managing the creditor’s rights and collection law practice, serving as General Counsel to various small businesses in the local business community, and spearheading practice in the area of entertainment law, music law, copyright, and intellectual property. Mr. Wan was admitted to the New York State Bar in January 2001, after graduating from Brooklyn Law School for his Juris Doctor where he was a member of the Moot Court Honor Society, and from Vassar College with a double B.A. in Political Science and Theatre in 1997. This background has fostered Mr. Wan’s trial and courtroom skills; throughout his career, he has successfully tried several hundred litigation matters, as well as successfully brought and defended appeals on healthcare-related matters to the appellate courts in the State of New York. Mr. Wan is admitted to the United States District Court for the Southern and Eastern Districts, and a member of the New York State and Suffolk County Bar Associations. Mr. Wan is a Past Chair of the Eastern Region of the Commercial Law League of America, a Past Chair of the CLLA Young Member’s Section, past member of the Board of Governors, and served as the first ever two-consecutive-term President from 2019-2021. He also serves as the President of the New York State Creditors Bar Association. Mr. Wan is a two-time Past President of the Infinite Exchange Chapter of BNI, and a member of the International Association of Commercial Collectors. Mr. Wan is a published author of the New York chapter of the textbook, Judgement Enforcement published by Aspen Publishing, and is a featured columnist and on the Board of Associate Editors for Commercial Law World. He is also the attorney advisor to the Commack High School Mock Trial team, and regularly lectures on topics regarding creditor’s rights, collection law, business change management, improving business efficiency, and legal strategy.
Prior to founding ONE400, Allen was the Director of Attorney Services at LegalZoom. While there, his work contributed to a substantial portion of overall revenue at the company and helped LegalZoom move from a provider of “do-it-yourself” legal services to a comprehensive legal solutions provider, incorporating attorney-fulfilled work across all U.S. jurisdictions. Allen’s immersion in the legal industry began running operations at the Los Angeles County Bar Association’s Lawyer Referral Service. While there, his marketing knowledge, operational developments, and leadership helped generate millions of dollars in revenue for the association.
Allen is also an adviser to legal tech startups and a board member of the Group Legal Services Association, a member of the Chicago Bar Foundation’s National Advisory Council for their Sustainable Practice of Law Initiative and a former California State Bar Task Force member on the Access Through Innovation of Legal Services (ATILS) panel. Allen Rodriguez is also a proud veteran of the United States Army.
Thursday, May 18, 2023
Mediating Bankruptcy Disputes: A Ghost-Runner On Second Or Need A New Game?
Bankruptcy practice relies on mediation from preferences to chapter 11 plan formulation and confirmation, and many other claims and litigation disputes in a wide variety of settings, including appeals. The use and practice of mediation has generated some debate among academic and practitioner commentators, suggesting the issue is well developed for discussion. What are the pros/cons of current practices for mediating bankruptcy settlements for plan confirmation purposes? Is mandatory mediation akin to a “tax” for parties, i.e., in preference actions and chapter 11 plan disputes, does mediation provide real value? What other mediation and ADR models should be considered, including the use of staff mediator programs? Among observers and practitioners, what best practices and opportunities for reform are worth highlighting? For example, is recourse to mediation appropriate if what is being mediated is a potentially unconfirmable plan? If mediation drags on, are there any mechanisms that could encourage efficiency? Who decides which players should have a seat at the table in the mediation? What about discovery and confidentiality complications? Is there value to transparency and accountability, or is that overrated? How does transparency and accountability dove-tail with confidentiality requirements?
PRESENTERS
CANDICE KLINE, Saul Ewing LLP
Candice Kline is a partner at Saul Ewing LLP focusing on bankruptcy and restructuring situations and litigation. She serves in leadership at various bar and trade associations and is a member of the CLLA’s Bankruptcy Section Executive Council. Candice has an MBA and JD and began her legal career after many years in global commercial banking and business, including startups. She practices in Illinois and Ohio with a nationwide docket in complex commercial matters.
HON. JUDITH FITZGERALD (Ret.), Tucker Arensberg, PC
Hon. Judith Fitzgerald (Ret.) Retired U.S. Bankruptcy Judge, Judith K. Fitzgerald served in her home jurisdiction in the Western District of Pennsylvania for nearly 26 years. She sat by designation in the District of Delaware, the Eastern District of Pennsylvania and the District of the U.S. Virgin Islands. She has been blessed with an exciting, challenging and intellectually stimulating career. As a Judicial Law Clerk, Assistant U.S. Attorney, Chief Bankruptcy Judge, Professor of Law, Practitioner at Tucker Arensberg, Arbitrator, Mediator, Author and Expert Witness, she has experienced a wide variety of legal disciplines and administrative responsibilities. Judi is a Professor in the Practice of Law at the University of Pittsburgh School of Law, where she teaches Bankruptcy and Advanced Bankruptcy. She is active in national and local professional organizations including the American Law Institute, the American College of Bankruptcy, the American Inns of Court, Commercial Law League of America, and the American Bankruptcy Institute. Among other offices, she has served as President of the National Conference of Bankruptcy Judges and as Chair of the Bankruptcy Judges Advisory Committee to the Administrative Office of the U.S. Courts. Judi has received numerous awards and recognitions including the Commercial Law League’s Lawrence P. King Award for Excellence in Bankruptcy and the American Inns of Court Bankruptcy Alliance Distinguished Service Award. Judi consults and lectures in matters involving trial strategy, professional responsibility, bankruptcy including mass tort bankruptcies, evidence, procedure, and contracts and participates on several committees and boards dedicated to fostering legal education and improving access to justice.
LESLIE BERKOFF, Morritt Hock & Hamroff, LLP
Leslie A. Berkoff is a Partner with Moritt Hock & Hamroff LLP where she serves as Chair of the firm’s Dispute Resolution Practice Group and is the former Co-Chair of the firm’s Creditors’ Rights and Restructuring Department. Ms. Berkoff splits her practice between these two Practice Groups. In the restructuring space, she concentrates her practice in chapter 11 cases, bankruptcy litigation and corporate workouts, where she represents a variety of corporate debtors, trustees, creditors, and creditor committees both nationally and locally. Ms. Berkoff is an experienced commercial litigator. Ms. Berkoff’s Dispute Resolution practice has her frequently serving as an ad hoc and panel mediator; she is on the Mediation Panel for the Eastern and Southern Districts of the United States Bankruptcy Courts in New York, the United States Bankruptcy Courts in Delaware, and the Eastern District of Pennsylvania, as well as the Commercial Mediation Panel for Nassau County and the American Arbitration Association (“AAA”). Ms. Berkoff also serves as a member of the Second Circuit United States Court of Appeals Pro Bono Appellate Mediation Panel and as a Special Master in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department Mediation Program.Ms. Berkoff is also a trained arbitrator and is a member of the AAA panel.
Ms. Berkoff is the immediate past Co-Chair of the American Bankruptcy Institute’s (ABI) Mediation Committee and is a contributing editor of the quarterly column “Mediation Matters.” She has also served as Co-Editor and contributing author of the ABI’s Bankruptcy Mediation Manual. Ms. Berkoff also serves as the American Bar Association (“ABA”) Business Law Section’s representative on the Dispute Resolution Advisory Council, and is the Chair of the Dispute Resolution Committee, the Vice Chair of Programming for the Business Bankruptcy Committee of the Business Law Section and the Vice Chair of the Bankruptcy Court Structure and Insolvency Committee. She is a contributing editor for the ABA publication “Business Law Today” on Dispute Resolution. Ms. Berkoff speaks and writes frequently on topics concerning both Dispute Resolution and Bankruptcy.
Prior to joining Moritt Hock & Hamroff LLP, Ms. Berkoff served as a law clerk to the Honorable Jerome Feller, United States Bankruptcy Judge in the Eastern District of New York, from 1991 to 1993 and to the Honorable Allyne R. Ross, Federal Magistrate Judge in the Eastern District of New York, from 1990 to 1991.
Thursday, May 18, 2023
Wire Transfers and Checks: Fraud and Loss-Who Pays?
How do your clients pay for goods and services? Wire transfers? Checks? Payment fraud losses worldwide are in the billions of dollars. Losses due to fraud worldwide increased by 14% in 2021. Who gets stuck with the loss when a payment order or a check is fraudulent? This panel will address issues related to several payment systems (wire transfers – UCC Article 4A, and checks – UCC Articles 3 and 4) and the allocation of the risk of loss arising from, among other things, fraud.
PRESENTERS
CARTER H. KLEIN, Jenner & Block LLP
Carter H. Klein is currently Of Counsel with Jenner & Block LLP and has practiced in its Commercial and Corporate Law Departments since 1974 after a two year judicial clerkship. He is liaison for the ABA’s Uniform Commercial Code (UCC) Committee to the Permanent Editorial Board of the UCC; Past Chair of ABA’s Payments Law and Letter of Credit Subcommittees and the Chicago Bar Association’s Commercial and Financial Transactions, International & Foreign Law, and Consumer Credit Committees; and for 45 years was co-author of three books on the payment articles of the Uniform Commercial Code.
BEVERLY WEISS MANNE, ESQ, Tucker Arensberg, PC
Beverly Weiss Manne, Esq. Tucker Arensberg P.C. – is an experienced attorney who represents secured and unsecured creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings and in complex, and distressed business and commercial credit situations and commercial finance matters. Ms. Manne is licensed in Pennsylvania and Maryland. She also is an adjunct professor at University of Pittsburgh School of Law and teaches Payment Systems and Banking, and also taught Secured Transactions for many hears. From 1981 to 1986, she was an attorney with the USDA Office of General Counsel. Ms. Manne obtained her J.D. from the University of Pittsburgh as well as her B.A., magna cum laude, Phi Beta Kappa. She is a member of the Commercial Law League of America, serves on the Executive Council of its Creditors’ Rights Section and has served on the Executive Council of its Bankruptcy Section. Ms. Manne is Chair of the PBA Business Law Section, a member and ex-officio of the PBA Shale Energy Law Committee, the 2014 Uniform Voidable Transfer Act adoption task force, 2013 Insolvency Law Task Force, UCC Article 9 Revisions Adoption Task Forces in 2000 and 2010, and the Insolvency Law Task Force in 1994-1996. Ms. Manne is a founding member and ex-officio of the Judith K. Fitzgerald Bankruptcy Inn of Court. Ms. Manne frequently is a speaker, panelist and course planner, locally and nationally on bankruptcy, mechanics lien, oil and gas and commercial issues. She is included in the Pennsylvania “Super Lawyers Edition” and “Best Lawyers in America.”
Thursday, May 18, 2023
How to Win An Appeal–Persuasion To An Appellate Court
Bankruptcy appeals present unique challenges. The panel of judges will offer guidance on bankruptcy appellate practice while also providing tips beneficial to all attorneys arguing a matter before a court. The panel will address when an appeal is available, including how to determine whether a bankruptcy order is final. Attendees will learn the factors to consider when choosing a forum, a choice that varies substantially from circuit to circuit. For example, practitioners must determine whether to take a direct appeal to the circuit court or an intermediate appeal to the district court or bankruptcy appellate panel, an option only in the First, Sixth, Eighth, Ninth, and Tenth Circuits. The panelists will offer their expertise on how to best present an appeal orally and in writing, including how to address technical issues before a tribunal that lacks bankruptcy expertise, as well as on how to decide whether to take an appeal—including the potential risks that should be considered—and how to handle relations with the client.
PRESENTERS
HON. JOAN FEENEY (Ret.), JAMS
Hon. Judith Fitzgerald (Ret.) Retired U.S. Bankruptcy Judge, Judith K. Fitzgerald served in her home jurisdiction in the Western District of Pennsylvania for nearly 26 years. She sat by designation in the District of Delaware, the Eastern District of Pennsylvania and the District of the U.S. Virgin Islands. She has been blessed with an exciting, challenging and intellectually stimulating career. As a Judicial Law Clerk, Assistant U.S. Attorney, Chief Bankruptcy Judge, Professor of Law, Practitioner at Tucker Arensberg, Arbitrator, Mediator, Author and Expert Witness, she has experienced a wide variety of legal disciplines and administrative responsibilities. Judi is a Professor in the Practice of Law at the University of Pittsburgh School of Law, where she teaches Bankruptcy and Advanced Bankruptcy. She is active in national and local professional organizations including the American Law Institute, the American College of Bankruptcy, the American Inns of Court, Commercial Law League of America, and the American Bankruptcy Institute. Among other offices, she has served as President of the National Conference of Bankruptcy Judges and as Chair of the Bankruptcy Judges Advisory Committee to the Administrative Office of the U.S. Courts. Judi has received numerous awards and recognitions including the Commercial Law League’s Lawrence P. King Award for Excellence in Bankruptcy and the American Inns of Court Bankruptcy Alliance Distinguished Service Award. Judi consults and lectures in matters involving trial strategy, professional responsibility, bankruptcy including mass tort bankruptcies, evidence, procedure, and contracts and participates on several committees and boards dedicated to fostering legal education and improving access to justice.
HON. EUGENE R. WEDOFF (Ret.), US Bankruptcy Court, Northern District of IL
Hon. Eugene R. Wedoff (Ret.) was a bankruptcy judge in Chicago from 1987 to 2015, and chief judge from 2002 to 2007. He has served as chair of the Advisory Committee on Bankruptcy Rules and president of both the National Conference of Bankruptcy Judges and the American Bankruptcy Institute. Since 2015, he has engaged in exclusively pro bono representation of clients in bankruptcy appeals.
HON. MARY ANN WHIPPLE, US Bankruptcy Court, Northern District of OH
Hon. Mary Ann Whipple has served as a United States Bankruptcy Judge for the Northern District of Ohio, Western Division, at Toledo, since 2001 and is currently the chief bankruptcy judge of the district. She also served on the Sixth Circuit Bankruptcy Appellate Panel.
Judge Whipple grew up in Toledo. She graduated from the University of Michigan in 1977 with an A.B. degree in Russian Studies and Stanford Law School in 1981 with a J.D. degree.
Before becoming a bankruptcy judge, Judge Whipple practiced law for twenty years as a commercial, bankruptcy and employment litigator with the Toledo firm Fuller & Henry Ltd. She is admitted to practice in Ohio and Michigan.
Judge Whipple taught Creditor/Debtor Law for more than 20 years as a part-time faculty member at the University of Toledo College of Law. In addition to teaching, she has served her community as a member of the executive boards of the Owens Community College Foundation, American Red Cross-Greater Toledo Area Chapter, Lucas County Mental Health Board, Toledo Area Chamber of Commerce, Family Service of Northwest Ohio and University of Michigan Club of Toledo. She is a master in and past President ofThe Morrison R. Waite Chapter of the American Inns of Court Foundation. Judge Whipple received The Toledo Bar Association’s 2008 Community Service Award and the Toledo Women’s Bar Association’s 2016 Arabella Babb Mansfield Award.
Thursday, May 18, 2023
Get Real! Real Estate Issues in Uncertain Economic Times
The panelists will address how to approach issues in bankruptcy involving real estate and the impact of uncertainty in the markets. As interest rates and inflation continue their rise and economists struggle to predict what comes next, practitioners must deal with the reverberations in the bankruptcy world and determine how best to resolve valuation fights, cash collateral and adequate protection disputes, and other issues related to leasehold interests, executory contracts, plan confirmation, and § 363 sales. The panel will address the various valuation methodologies and how the typical battle of the experts has evolved to account for economic uncertainty. The panel will also discuss financing options available to distressed companies inside and outside of bankruptcy, the advantages of bankruptcy over other reorganization alternatives (including tax advantages), and what practitioners are likely to see when lenders change practices and/or reorganization efforts fail.
PRESENTERS
JACK ROSE, JR2G, LLC
Jack Rose is the CEO and founder of JR2G, LLC. The firm focuses on purchasing properties in secondary and tertiary markets. Jack is former Managing Director at Kroll LLC in the Restructuring Advisory practice in New York, where he focused his practice on distressed real estate. More than likely you may know Jack from his past life where he spent 30 years as a bankruptcy lawyer with Rosenberg & Estis, Ashurst, White & Case, Rogers & Wells (now Clifford Chance) and Weil Gotshal.
BEVERLY WEISS MANNE, ESQ, Tucker Arensberg, PC
Beverly Weiss Manne, Esq. Tucker Arensberg P.C. – is an experienced attorney who represents secured and unsecured creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings and in complex, and distressed business and commercial credit situations and commercial finance matters. Ms. Manne is licensed in Pennsylvania and Maryland. She also is an adjunct professor at University of Pittsburgh School of Law and teaches Payment Systems and Banking, and also taught Secured Transactions for many hears. From 1981 to 1986, she was an attorney with the USDA Office of General Counsel. Ms. Manne obtained her J.D. from the University of Pittsburgh as well as her B.A., magna cum laude, Phi Beta Kappa. She is a member of the Commercial Law League of America, serves on the Executive Council of its Creditors’ Rights Section and has served on the Executive Council of its Bankruptcy Section. Ms. Manne is Chair of the PBA Business Law Section, a member and ex-officio of the PBA Shale Energy Law Committee, the 2014 Uniform Voidable Transfer Act adoption task force, 2013 Insolvency Law Task Force, UCC Article 9 Revisions Adoption Task Forces in 2000 and 2010, and the Insolvency Law Task Force in 1994-1996. Ms. Manne is a founding member and ex-officio of the Judith K. Fitzgerald Bankruptcy Inn of Court. Ms. Manne frequently is a speaker, panelist and course planner, locally and nationally on bankruptcy, mechanics lien, oil and gas and commercial issues. She is included in the Pennsylvania “Super Lawyers Edition” and “Best Lawyers in America.”
HON. THOMAS M. LYNCH, US Bankruptcy Court, Northern District of IL
Hon. Thomas M. Lynch was appointed to the United States Bankruptcy Court for the Northern District of Illinois in January 2013. He is a graduate of the Northwestern University School of Law. Judge Lynch earned his undergraduate degree from the University of Dayton and M.A. from the University of Chicago.
Prior to joining the bench Judge Lynch practiced law in Chicago. He began his legal career in the litigation and bankruptcy departments of Winston & Strawn. He was a partner at Wildman, Harrold, Allen & Dixon and then at Baker & Daniels (now Faegre Drinker). For nearly thirty years he tried cases throughout the United States, representing clients in business disputes and bankruptcy and commercial matters. Before law school Tom was an economic analyst and executive in the public sector. While a senior executive in the City of Chicago’s Department of Finance during the late 1970’s, he assisted with the formulation and implementation of the city’s financial restructuring.
Judge Lynch has been an adjunct faculty member at the Northwestern University Pritzker School of Law since 1998. He also served on the faculty of the National Institute for Trial Advocacy (NITA) for more than two decades, and he frequently lectures on bankruptcy, financial issues, evidence and trial practice to the bench, bar, business organizations and the general public.
FRIday, May 19, 2023
Understanding the Basics of Crytocurrency and Digital Assets
While the recent bankruptcies of crypto currency exchanges such as FTX, Celsius, and BlockFi have kept creditors’ rights and bankruptcy attorneys especially busy, the cryptocurrency and digital assets space remains an ever-evolving labyrinth of confusing concepts and technologies for most lawyers. This program is designed to provide practitioners a basic understanding of the concepts underlying technologies such as cryptocurrencies, NFTs, digital tokens, and other digital assets. The panel will also discuss the panoply of collection, regulatory, and bankruptcy issues that remain pervasive in this space.
PRESENTERS
OWEN G. HARE, ESQ., Friedman, Framme & Thrush PA
Owen G. Hare, Esq. received his Bachelor of Arts from Tulane University in 2006 where he graduated with a Major in Political Science and a Minor in History. Mr. Hare attended the Tulane University Law School and obtained his Juris Doctorate in 2009. He also received a Certificate in Admiralty and Maritime Law and worked for the Tulane University Domestic Violence Clinic. Mr. Hare worked as the Managing Attorney of Florida Bankruptcy at a large national law firm for several years handling a wide spectrum of creditor rights and bankruptcy matters for secured and unsecured creditors. Mr. Hare also worked as the managing partner of a firm he started handling creditor’s rights and bankruptcy work for creditors before joining Friedman, Framme & Thrush. P.A., in April, 2016. Mr. Hare is a Principal of Friedman, Framme & Thrush. P.A., a law firm based in Owings Mills, MD. His practice has a primary focus on Commercial Bankruptcy, Commercial litigation, Banking and Finance, Commercial Creditor’s rights, and Complex Consumer Bankruptcy. Mr. Hare is an active member of the CLLA serving on the Marketing Subcommittee and Young Members Section Executive Council. Mr. Hare is licensed to practice in state, federal, and bankruptcy courts in Maryland, Florida, and the District of Columbia.
BRAD COUNCIL, Slovin & Associates Co., LPA
Brad A. Council is a partner in the Cincinnati based law firm of Slovin & Associates Co., LPA. His practice covers all areas of commercial litigation, creditor’s rights including compliance with federal and state consumer credit and collection laws, and landlord-tenant matters. He frequently represents national banking associations, finance companies, medical service providers, debt-buyers, and other credit grantors in the areas of creditor’s rights and account receivables management. He also regularly advises and counsels these organizations on issues related to compliance with the Fair Debt Collection Practices Act (FDCPA), as well as similar state law acts and regulations. Brad also represents manufacturers, sub-contractors, and material suppliers involving actions under the Uniform Commercial Code relating to sales, leases, and secured transactions.
Brad is a past chair of the Midwest Region for the Commercial Law League of America and is currently the Secretary of the Young Members Section and member of the Creditor’s Rights Executive Council. The CLLA is North America’s oldest Creditor’s Rights Organization and has been operating since 1895. Brad is also the co-chair of the Ohio Legislative Committee for RMA International, the nation’s premier trade association for companies that purchase receivables on the secondary market.
Brad received his Bachelor of Arts from the University of Illinois at Chicago in 2003 and his Juris Doctor from the Northern Kentucky University, Salmon P. Chase College of Law in 2006. During law school Brad served as the Symposium Editor for the Northern Kentucky Law Review.
Brad is licensed to practice law in the States of Ohio, Kentucky, and Indiana. He is also licensed to practice before the U.S. District Court for the Northern and Southern Districts of Ohio and Indiana.
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