International Insolvency

INSOL International Panel Special Effects: The Theory and Practice of Special Insolvency Regimes

The following session took place during International Insolvency & Restructuring Symposium in October 2017. A panel discussion charting the emergence of special insolvency regimes in different jurisdictions and evaluating their effectiveness. Are industry or sector based specialist regimes the way forward? All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Richard Heiss, Moderator
KPMG, London
Ron Silverman
Hogan Lovells, New York
Stefan Sax
Clifford Chance, Germany
Michael Murphy
McCann FitzGerald, Dublin
Michael Broeders
Freshfields Bruckhaus Deringer LLP, Amsterdam

Conference

2017 International Insolvency & Restructuring Symposium

In This Corner, Arbitration; in the Other, Bankruptcy: Welcome to the Main Event!

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will discuss the interplay of arbitration clauses in a liquidation scenario, including what it can mean when a party decides to argue a dispute subject to an arbitration clause and seeks to wind up the company, or when a potential claim within an estate is subject to an arbitration clause. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Kenneth M. Krys, Moderator
KRyS Global; Grand Cayman, Cayman Islands
Katherine R. Catanese
Foley & Lardner LLP; New York
Leah M. Eisenberg
Arent Fox LLP; New York
Caroline Moran
Maples and Calder; George Town, Grand Cayman, Cayman Islands
Andrew Thorp
Harneys; Road Town, Tortola, British Virgin Islands

Conference

2017 Caribbean Insolvency Symposium

Keep Calm and Carry On Investing

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will explore the decision of the U.K. to leave the European Union in June 2016 and its many far-reaching political implications for hedge funds and the private-equity industry, many of which are still generally unclear. The recent U.S. presidential elections also waged war on the private-equity industry, and on hedge funds in particular. The panel will look at how Brexit and the U.S. elections have impacted and continue to impact hedge funds and the private-equity industry, particularly in terms of managing, distributing and exiting funds. It will also examine what it means for the restructuring and winding-up of entities commonly used in the hedge fund and private-equity industry generally and those sectors that are most likely to be impacted, with a particular focus on the Cayman Islands, Ireland and the U.S. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Wayne P. Weitz, Moderator
EisnerAmper LLP; New York
Rebecca Hume
Kobre & Kim LLP; Camana Bay, Grand Cayman, Cayman Islands
Michael Pearson
Fund Fiduciary Partners Ltd.; George Town, Grand Cayman, Cayman Islands
Derbhil O’Riordan
Dillon Eustace; George Town, Grand Cayman, Cayman Islands

Conference

2017 Caribbean Insolvency Symposium

Part II: Finding Dory’s Assets! How to Find Money and Make Sure It Stays Put

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will discuss the kinds of asset information that can be obtained depending on who is looking for it (i.e., liquidator/receiver/trustee in bankruptcy, creditor), including the decision in In re Petroforte Brasileiro de Petroleo Ltda and how to make sure that assets, once found, don’t disappear. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Laura Hatfield, Moderator
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Graeme Halkerston
Wilberforce Chambers; London
Keiran Hutchison
Ernst & Young Ltd.; Grand Cayman, Cayman Islands
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Paul Smith
Conyers Dill & Pearman; Grand Cayman

Conference

2017 Caribbean Insolvency Symposium

Puerto Rico’s Financial Crisis: The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) in Action

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will explore the oversight board created under PROMESA, including (1) a simplified overview of the law with a summary of each chapter, (2) the key players and their roles (e.g., PROMESA oversight board, executive director, revitalization coordinator, etc.), (3) highlights from the first 90 days of PROMESA, (4) a comparison/contrast of PROMESA with the DC and NYC financial crises, and (5) the major challenges faced by the oversight board to improve Puerto Rico’s financial condition (restructuring, economic development, fiscal reform). All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Sonia Colon
Ferraiuoli, LLC; Orlando, Fla.
Carmen Conde
C. Conde & Associates; San Juan, Puerto Rico
Kevin Lavin
Ankura Consulting Group, LLC; New York
John J. Rapisardi
O’Melveny & Myers LLP; New York
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, N.C.

Conference

2017 Caribbean Insolvency Symposium

Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

C.R. Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
Jonathan E. Gopman
Akerman LLP; Naples, Fla.
Ira L. Herman
Blank Rome LLP; New York

Conference

2017 Caribbean Insolvency Symposium

Zika in the Caribbean, and Other Stinging Health Care Insolvency Issues

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Melissa Davis
KapilaMukamal; Fort Lauderdale, Fla.
Samuel R. Maizel
Dentons; Los Angeles
Tiffany D. Payne
BakerHostetler, Orlando, Fla.
Frank P. Terzo
GrayRobinson, P.A.; Fort Lauderdale, Fla.

Conference

2017 Caribbean Insolvency Symposium

Judges’ Roundtable

The following session took place during Caribbean Insolvency Symposium in February 2017. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Patricia A. Redmond, Moderator
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan

Conference

2017 Caribbean Insolvency Symposium

“You Can't Always Get What You Want…”: Update on Chapter 15 Assistance to Foreign Trustees and by Caribbean Courts in U.S. Cases

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Shelly C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Prof. Andrew Dawson
University of Miami School of Law; Coral Gables, Fla.
Rachael Reynolds
Ogier; Camana Bay, Grand Cayman, Cayman Islands

Conference

2017 Caribbean Insolvency Symposium

Buying and Investing in Bankruptcy Litigation: A New Paradigm

The following session took place during Caribbean Insolvency Symposium in February 2017. This panel will explore the following questions: Who is your client? What is the decision-making process for your client (veto)? Who is liable for sanctions for actions in the case? The panel will also discuss attorney/client privilege, mediation (and who needs to be there) and champerty concerns. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Prof. Jan L. Jacobowitz, Moderator
University of Miami School of Law; Coral Gables, Fla.
Justin G. Brass
Burford Capital LLC; New York
Warren E. Gluck
Holland & Knight LLP; New York
James C. Little
Drumcliffe Partners; Wilmington, Del.

Conference

2017 Caribbean Insolvency Symposium