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

The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will discuss recent chapter 15 and cross-border cases, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, venue issues and parallel case concerns. The panel will also discuss logistical and practical solutions in running chapter 15 cases. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Leyza Blanco, Moderator
Sequor Law; Miami
Hon. Erik P. Kimball
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Morgan L. Patterson
Womble Bond Dickinson; Wilmington, Del.

The following session took place during International Insolvency Forum in November 2020. This panel will provide insights into effective communication practices for cross-border dealings. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Francesco Spizzirri, Moderator
Audax Law; Toronto, Canada
Ken Kraft
Dentons Canada LLP; Toronto, Canada
Mark A. Russell
KSG Attorneys-at-Law; Cayman Islands
Deborah D. Williamson
Dykema Gossett PLLC; San Antonio, Tx., USA

The following session took place during International Insolvency Forum in November 2020. As the world has now endured months of disruption from COVID-19, this panel will highlight individual measures being undertaken by various countries to cope with the pandemic. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Rafael X. Zahralddin-Aravena, Moderator
Elliott Greenleaf, P.C.; Wilmington, Del., USA
Adam Crane
HSM Chambers; Cayman Islands
Ian De Witt
Tanner De Witt; Hong Kong
Alexandre Le Ninivin
Oxynomia Avocats; Paris, France
Dr. Wenli Li
Federal Reserve Bank of Philadelphia; Philadelphia, Pa., USA
Ricardo Reveco
/Carey; Santiago, Chile

The following session took place during International Insolvency Forum in November 2020. The COVID-19 pandemic has plunged the global aviation industry into its deepest crisis ever, with no recovery in sight. What happens next? This panel will look into what's happened so far and what to expect in the year(s) to come. All sessions from this conference can be accessed at https://cle.abi.org/. 

Speakers:

Albert J. Togut, Moderator
Togut, Segal & Segal LLP; New York, USA
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York, USA
Timothy R. Coleman
PJT Partners; New York, USA
Timothy Graulich
Davis Polk & Wardwell LLP; New York, USA
William K. Harrington
Office of the U.S. Trustee; New York, USA
Lisa M. Schweitzer
Cleary, Gottlieb, Steen & Hamilton LLP; New York, USA

The following session took place during International Insolvency Forum in November 2020. COVID-19 made the Europeans discover that they are able to work together! The measure of the recovery funds is the evidence. The working together is a new reality? How will UK react to this after Brexit? How will the USA and China look at this? All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Enrica Maria Ghia, Moderator
Studio Legale Ghia; Milan, Italy
Rashmi Dube
Future Thinking Now; London
Teresa Kohl
SSG Capital Advisors, LLC; West Conshohocken, PA, USA
Andrea Metz
Luther Law Firm; Frankfurt, Germany
Raj Verma
Author's Point; New Delhi, India

The following session took place during International Insolvency Forum in November 2020. This panel will discuss a proposed solution for a response to the need for funding to recapitalize and provide liquidity to viable businesses seeking to emerge from the disruption. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Donald Bernstein, Moderator
Davis Polk & Wardwell LLP | New York, USA
Shin Abe
Kasumigaseki International Law Office (KILO) | Tokyo, Japan
Thomas Felsberg
Felsberg Advogados | Sao Paulo, Brazil
Richard Gitlin
Gitlin & Company, LLC | Delray Beach, Fla., USA

The following session took place during International Insolvency Forum in November 2020. Panelists from IWIRC's Latin America network will explore the tools available and strategies for recovering assets in cross-border insolvencies from a Latin American perspective. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Aimee Prieto, Moderator
Prieto Cabrera & Asociados; Santo Domingo, Dominican Republic
Pamela Goldbaum
Lathrop & Blanco Abogados; Las Condes, Chile
Susana Hidvegi
Chief Judge of the Business Bankruptcy Court; Colombia
Marlyn Narkis Assis
MDU Legal; Panama
Nyana Miller
Sequor Law; Miami, USA
Rosa Rojas Vértiz C.
Rojas Vértiz; Mexico City, Mexico

The following session took place during International Insolvency Forum in November 2020. Dr. Eliza Filby is a writer, speaker and consultant who specialises in 'Generational Intelligence' helping companies and services understand generational shifts within politics, society and the workplace. Her research incorporates everyone from Baby Boomers right through to Generation Alpha (those born after 2010). Eliza helps businesses – whether it is recruiting new talent or engaging with new clients – prepare for the future. All sessions from this conference can be accessed at https://cle.abi.org/.