International Insolvency

Cross-Border Avoidance Transactions

The following session took place during Cross-Border Insolvency Program in November 2017. In an environment where business takes place largely without regard to borders, avoidance proceedings can catch suppliers off-guard. This panel will discuss the similarities and differences among local avoidance regimes and the challenges facing suppliers dealing across borders. The panel will also address the issues encountered in attempting to enforce cross-border avoidance judgments. The panelists will also examine the scope by which bankruptcy courts may (and may not) adjudicate avoidance actions under chapter 15, as well as how avoidance actions are administered pursuant to the European Insolvency Regulation and Canadian insolvency legislation. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Joshua M. Fried, Moderator
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Timothy Graulich
Davis Polk & Wardwell LLP; New York
Frank Spizzirri
AUDAXlaw; Toronto
Dr. Annerose Tashiro
Schultze & Braun GmbH; Germany
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.

Conference
2017 Cross-Border Insolvency Program

Inter-Court Communications

The following session took place during Cross-Border Insolvency Program in November 2017. This panel of judges and insolvency professionals from various jurisdictions will provide insight into inter-court communications and the challenges faced by judges dealing with cross-border insolvency proceedings. The panel will discuss the use of protocols, the American Law Institute’s Guidelines Application to Court-to-Court Communications in Cross Border Cases and more. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Rafael X. Zahralddin-Aravena, Moderator
Elliott Greenleaf; Wilmington, Del.
Jan Golaszewski
Carey Olsen, Cayman Islands
Alex L. MacFarlane
Borden Ladner Gervais LLP; Toronto
Craig Martin
DLA Piper LLP; Wilmington, Del.
Justice Fred Myers
Ontario Superior Court of Justice; Toronto

Conference
2017 Cross-Border Insolvency Program

Offshore Spotlight – Latest Developments in Law and Finance in the Offshore Jurisdictions

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:

Jeremy Wessels, Moderator
Mourant Ozannes; Guernsey, England
Peter Hayden
Mourant Ozannes, Grand Cayman
Keiran Hutchison
Ernst & Young Ltd.; Cayman Islands
Adam Paul
Kirkland & Ellis LLP, Chicago
Jamie Toynton
Grant Thornton International Ltd.; Channel Islands

Conference
2017 International Insolvency & Restructuring Symposium

US/Ireland Restructurings – a Friendly Affair?

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:

Hon. Mr. Justice Brian McGovern, Moderator
High Court, Dublin
Henry Baer
Finn Dixon Herling, New York
Tony O’Grady
Matheson, Dublin
Kieran Wallace
KPMG, Dublin

Conference
2017 International Insolvency & Restructuring Symposium

Finance in the Brave New World – A Post Trump/Evaluation of Trends, Options and Opportunities for Distressed Financings

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:

Jamie O'Connell, Moderator
JT Partners, New York
Patrick Armstrong
Goldman Sachs, New York
Van Durrer
Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles
Eric Hoffman
Centerbridge, New York
Matt Ross
KKR, New York
Nicholas Tally
Wilmington Trust, Minneapolis, MN

Conference
2017 International Insolvency & Restructuring Symposium

“America Now” Panel

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:

Jay Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP, New York
William Brandt
Development Specialists, Inc., New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Al Togut
Togut, Segal & Segal LLP; New York

Conference
2017 International Insolvency & Restructuring Symposium

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