The following session took place during International Insolvency Symposium in October 2018. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Prof. Avv Antonio Tullio, Moderator
Tullio & Partners; Modena, Italy
Agustí Bou
JAUSAS; Barcelona, Spain
Catherine Ottaway
Hoche Société d’Avocats; Paris, France
Robert van Galen
NautaDutilh N.V.; Amsterdam, Netherlands

The following session took place during International Insolvency Symposium in October 2018. All sessions from this conference can be accessed at https://cle.abi.org/.

h4>Speakers:

Craig Montgomery, Moderator
Freshfields Bruckhaus Deringer LLP; London, United Kingdom
Ignacio Buil Aldana
Cuatrecasas; London, United Kingdom
Tony O'Grady
Matheson; Dublin, Ireland
Nicolaes Tollenaar
Resor; Amsterdam, Netherlands

The following session took place during International Insolvency Symposium in October 2018. Do unfair trading practices (UTP) in Europe represent a new Gold Rush, and how will they impact the restructuring and turnaround market? In this panel, TMA professionals will discuss potential solutions for and the future of these practices. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Enrica Maria Ghia, Moderator
Studio Legale Ghia; Milan, Italy
Rashmi Dubé
Legatus Law; London, United Kingdom
Marco Ghiringhelli
PwC; Milan, Italy
Luis Martin
Abencys; Madrid, Spain
Catalin Nichifor
BM&T European Restructuring Solutions; Bucharest, Romania
Alexandre Le Ninivin
Squire Patton Boggs; Paris, France
Eva Ringelspacher
Restrukturierungs Partner; Frankfurt, Germany

The following session took place during International Insolvency Symposium in October 2018. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

James Feltman, Moderator
Duff & Phelps, LLC; New York, NY
John Couriel
Kobre & Kim; Buenos Aires, Argentina
James H.M. Sprayregen
Kirkland & Ellis LLP; Chicago, Ill.
Marianna Vintiadis
Kroll; Milan, Italy

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will examine the effects thus far of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), as well as Puerto Rico’s economy, including where it came from, where it is now and where it is going. 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
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (D.P.R.) San Juan
Sonia Colón
Ferraiuoli, LLC; Orlando, Fla. and San Juan
Cate Long
Puerto Rico Clearing House, New York
Luisa S. Valle-Castro
C. Conde & Associates; San Juan
Noel Zamot
Infrastructure Revitalization Coordinator for Puerto Rico; San Juan

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will explore the roles, responsibilities, benefits and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments. The session would also overlay the jurisdictional distinctions among various administrative proceedings, including offshore liquidations, U.S. bankruptcy, U.S. receiverships and common law receiverships. The panelists will offer real world examples to show the differences and how the role of the director is utilized, as well as what is at stake for them, the company, the creditors and the investors. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Katherine R. Catanese, Moderator
Foley & Lardner; New York
Joel E. Cohen
Stout Risius Ross, LLC; New York
Casey McDonald
Calderwood, Grand Cayman, Cayman Islands
Michael Pearson
FFP (Cayman) Limited, Grand Cayman, Cayman Islands
Rachael Reynolds
Ogier; Grand Cayman, Cayman Islands

The following session took place during Caribbean Insolvency Symposium in February 2019. What are critical-access hospitals, and why are they important? This panel discusses alternative solutions to producing additional cash flow for failing hospitals, which need to be closely scrutinized by health care professionals familiar with licensing, reimbursement, anti-kickbacks and patient-brokering limitations. The panel also covers violations of the False Claims Act, Stark Law and Anti-Kickback Statute, as well as state law cases on patient-brokering and the questioning of medical necessity, clinical laboratory outreach programs, physician employment arrangements involving telemedicine, prescription programs and compounding, criminal statutes and DOJ/state regulator issues, how to reorganize legally, dealing with CMS (Medicare/Medicaid), nongovernmental and third-party commercial payers during a restructuring, and general rules on pass-through billing for outreach programs. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Frank P. Terzo
Nelson Mullins Broad and Cassel LLP; Ft. Lauderdale, Fla.
Carol L. Fox
GlassRatner Advisory & Capital Group LLC; Ft. Lauderdale, Fla.
Elizabeth A. Green
Baker Hostetler; Orlando, Fla.
John Rowland
Baker Donelson Bearman, Caldwell & Berkowitz PA; Nashville, Tenn.
Melissa Scott
Change Healthcare, Indianapolis

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation. Finally, the panel will explore the power and potential of ADR in the cross-border arena, looking at models for how cross-border insolvency issues have been handled procedurally and identifying types of disputes that are well-suited to resolution via ADR. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Prof. Andrew Dawson, Moderator
University of Miami School of Law; Coral Gables, Fla.
Angela L. Baglanzis
Obermayer Rebmann Maxwell & Hippel LLP; Philadelphia
Jack Escher
CB Insolvency, LLC; Swampscott, MA
William Rochelle
American Bankruptcy Institute; New York

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will discuss blockchain and cryptocurrency, focusing on the basic terminology and how various agencies of the U.S. government treat cryptocurrency, in particular the Internal Revenue Service, the Commodity Futures Trading Commission, and the Securities and Exchange Commission. The panel will then examine how security interests in cryptocurrency are perfected under Article 9, and whether transfers of cryptocurrency can be avoided pursuant to 11 U.S.C. § 548 or clawed back as preferences pursuant to 11 U.S.C. § 547, as well as whether interests in cryptocurrency can be claimed exempt under 11 U.S.C. § 522, with a focus on Florida. The panel will also discuss issues concerning whether initial cryptocurrency coin offerings are dischargeable under 11 U.S.C. § 522, how digital currency is changing the way business is conducted, which industries have been early adopters of digital currency, and whether digital currency is here to stay. Finally, the panel will discuss the Cayman perspective on digital currency, as well as current developments and trends. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Roberta Colton, Moderator
U.S. Bankruptcy Court (M.D. Fla.)
Jude Scott
Cayman Finance; Grand Cayman, Cayman Islands
Alan R. Rosenberg
Markowitz Ringel Trusty & Hartog; Miami
Bryce A. Suzuki
Bryan Cave Leighton Paisner LLP; Phoenix

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will explore the effectiveness (and, sometimes, lack thereof) of creditor strategies to restrict by contract a borrower’s ability to obtain bankruptcy relief, whether by limiting the ability of a corporate borrower to seek bankruptcy relief without certain stakeholder approvals, limiting the type of available bankruptcy relief, choosing which country’s bankruptcy laws will apply to an insolvency proceeding involving the borrower, bankruptcy-remote structuring techniques, and other means. For example, the U.S. Court of Appeals for the Fifth Circuit recently upheld a “golden share” arrangement whereby a creditor was able to prohibit the debtor limited liability company from filing bankruptcy; and in the international realm, choice of law clauses have at times limited a debtor’s ability to obtain relief under the Model Law for Cross-Border Insolvency. This panel will also explore variations in international public policies with respect to restrictions on a borrower’s ability to seek bankruptcy relief. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Zachary H. Smith, Moderator
Moore & Van Allen PLLC; Charlotte
Ingrid Bagby
Cadwalader Wickersham & Taft, LLP; New York
Jeffrey Bast
Bast Amron; Miami
Rebecca Hume
Kobre & Kim LLP; Grand Cayman, Cayman Island
Paul J. Keenan, Jr.
Greenberg Traurig, P.A.; Miami
Brian J. Lohan
Arnold & Porter; Chicago