Keynote Address

The following session took place during International Insolvency & Restructuring Symposium in October 2017. Sir Ivan Rogers career in the U.K. civil service previously included work for British politicians Kenneth Clarke and Sir Leon Brittan, and he was chosen in 2003 to be Principal Private Secretary to then Prime Minister Tony Blair. From November 2013 to January 2017, Rogers took on the role of the U.K.’s Representative to the European Union in Brussels. Following the Brexit referendum in June 2016, Rogers resigned his position in January of this year to permit a smooth handover to his successor who would conduct the Brexit negotiations. His experience of the inner workings of the EU give him a unique insight into how the Brexit negotiations may play out and, coupled with his work in the Treasury and the City, he will be able to give our audience an intellectual view of how the land lies. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Sir Ivan Rogers
former Permanent Representative of the United Kingdom to the European Union

Conference
2017 International Insolvency & Restructuring Symposium

Turnaround Management Association - Distressed Investing in the UK and Europe

The following session took place during International Insolvency & Restructuring Symposium in October 2017. This panel will look at the questions surrounding the typical life cycle of distressed investing in Europe. The panelists have a significant amount of experience in all aspects of the process, from choosing investments to structuring and funding to exiting the deal. Their insights, including the good, the bad and the ugly, should prove to be an informative and entertaining tour around a complex issue that nevertheless has a high degree of profit potential for those who get it right! All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Christopher Hart, Moderator
BNP Paribas Commercial Finance, French Bank; London
Neil Gostelow
KPMG UK; London
Steven Geerlings
DLA Piper UK LLP, London
Tristan Nagler
AURELIUS Investments Ltd.; London

Conference
2017 International Insolvency & Restructuring Symposium

International Insolvency Institute – Scholar Led Panel on Cross-Border Practice Post-Brexit

The following session took place during International Insolvency & Restructuring Symposium in October 2017. Among the many issues that need to be negotiated between England and the EU for the Brexit to happen is the one dealing with restructuring and insolvency law. The U.K. has in recent years — due to its common membership in the European Insolvency Regulation regime — turned into a hotspot for foreign companies (and individuals) wanting to avail themselves of the English legal infrastructure for their recoveries. This scheme of arrangement — the companies’ voluntary arrangement in combination with the U.K.'s enormously efficient court system — has become highly attractive, since the decisions of English courts are generally recognized automatically throughout Europe. Brexit might change this and deprive other countries of what is currently a huge advantage (and source of income). It is also unclear what will happen with all those contracts under which non-U.K. parties have subjected themselves to English law; Brexit’s implications on them are likely to create enormous problems. This panel will discuss these complicated issues and more. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Christoph Paulus, Moderator
Humboldt-Universität zu Berlin, Berlin, Germany
Prof. Edward Janger
Brooklyn School of Law, New York
Monica Marcucci
Banca d’Italia, Rome
Riz Mokal
3/4 South Square, London
Prof. Ignacio Tirado
Autonoma University, Madrid (also consultant World Bank)

Conference
2017 International Insolvency & Restructuring Symposium

INSOL Europe - EC Directive Proposal on Preventive Restructuring

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

Speakers:

Nico Toolenaar, Moderator
RESOR - Office of Amsterdam, The Netherlands
Reinhard Dammann
Clifford Chance; France
William Day
Arthur Cox; Ireland
Alberto Nuñez-Lagos
Uría Menéndez; Spain
Stephen Taylor
Isonomy; U.K.

Conference
2017 International Insolvency & Restructuring Symposium

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