Wednesday, June 6 (Pre-conference) |
7:30 – 8:30 am |
Continental Breakfast |
8:30 – 5:15 pm |
Concurrent Session 1 Bankruptcy Taxation |
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Speakers |
Alan D. Barton, CIRA, KPMG LLP
Dennis Bean, CIRA, Bean Hunt Harris & Company
Elizabeth Berry, CIRA, Elizabeth C. Berry CPA PLLC
Jay D. Crom, CIRA, Bachecki Crom & Company LLP
Joseph Dawson, CIRA, Dawson & Gerbic LLP
M. Kathleen Klein, M. Kathleen Klein CPA
Robert Liquerman, KPMG LLP
Larry Strauss, CIRA, Larry Strauss CPA & Associates
Hon. Mark Wallace, US Bankruptcy Court, Central. Dist. CA
Lee Zimet, Deloitte.
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Topics Include:
- Corporate Tax - Tax Free Bankruptcy Reorganizations, 382 Developments & CODI
- Views From the Bench: Tax Issues in Bankruptcy
- Offers in Compromise, Installment Agreements and Individual Tax Liability Discharge and Other Exit Strategies
- Individual Income Tax Planning and Compliance, Taxation of Foreclosures, Individual Cancellation of Indebtedness
- Qualified Settlement Funds, Disputed Ownership Funds and Liquidating Trusts
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Concurrent Session 2 Financial Advisors Toolbox |
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Speakers |
Jacqueline Calderin, Esq., Ehrenstein Charbonneau Calderin
Hon. Francis Conrad, CIRA, Bederson & Company LLP
Lee Diercks, Clear Thinking Group LLC
Leah M. Eisenberg, Esq., Arent Fox LLP
Andrea Fischer, Esq., Morrison Cohen LLP
Chris Giaimo, Esq., Baker Hostetler LLP
Karl Knechtel, CIRA, CBIZ MHM, LLC
Brett Moore, Esq., Porzio Bromberg & Newman P.C.
Michael M. Ozawa, CIRA, Avant Advisory Group
Theodore Phelps, CIRA, CDBV, PCG Consultants Group
M. Freddie Reiss, CIRA, FTI Consulting, Inc.
Jeffrey Rothleder Esq., Arent Fox LLP
Brian Ryniker, CIRA, CBIZ MHM, LLC
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The Financial Advisors program is a comprehensive presentation addressing common practice issues and recent developments. In general, discussions will center around Pre-Bankruptcy Planning, DIP Financing, the 13-week cash flow and Funding the Plan, other topics include:
- marketing, valuation of secured assets, considering restructuring alternatives
- cash management issues
- operations management
- financial reporting & taxes; legal requirements
- roles of professionals
- obtaining financing
- priming liens, cross collateralization, roll-ups, carve-outs
- existing lenders/new lenders
- adequate protection
- legal and procedural issues
- new money, existing financing
- valuation issues
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12:00 – 1:50 pm |
Luncheon Program |
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Charles Goldstein, CIRA, Protiviti Inc. "The State of the Restructuring Industry" |
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Sponsored by WilmerHale |
6:30 – 8:00 pm |
AIRA’s 28th Annual Conference Opening Reception |
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Sponsored by Alvarez & Marsal, LLC; Duane Morris LLP; IWIRC Music Sponsored by Bilzin Sumberg Baena Price & Axelrod LLP |
Thursday, June 7 |
7:30 – 8:30 am |
Continental Breakfast |
8:30 – 8:40 am |
Remarks |
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Speaker |
Stephen Darr, CIRA, CDBV, Mesirow Financial Consulting LLC |
8:40 – 9:30 am |
Keynote Presentation |
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Speaker |
Tomas Castrejon, PwC |
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Description |
Cyber Terrorism/Security |
9:30 – 10:45 am |
Online Intellectual Property Issues |
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Moderator |
David Marston, PwC |
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Speaker |
Jeffrey Sternklar, Esq., Duane Morris LLP |
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Description |
A panel discussion of issues associated with intellectual property and cyber identity in Chapter 11 |
10:45 – 11:00 am |
Morning Break |
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Sponsored by Bachecki Crom & Company LLP |
11:00 – Noon |
Concurrent Session 1 Duties Directors Owe When Facing Financial Difficulty |
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Moderator |
Edwin Ordway, CIRA, Capstone Advisory Group, LLC |
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Speakers |
Daniel Armel, CIRA, Baymark Strategies LLC
Peter G. Hanelt, PGH Consulting, Inc.
Ben Logan, Esq., O’Melveny & Myers LLP
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Description |
To whom duties are owed, who can bring what kind of lawsuit? Are the rules the same for corporations and LLCs? There have been a number of decisions in the last few years, and a couple very recently, that bring clarity to this area and that contradict the common understanding (at least among non-experts). |
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Concurrent Session 2 Cross Border Insolvency Update |
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Moderator |
Daniel Glosband, Goodwin Procter LLP |
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Speakers |
Brent Carlson, AlixPartners LLP
Hon. Christopher M. Klein, US Bankruptcy Court E. Dist. CA
William Schrag, Esq., Thompson Hine LLP
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Description |
Chapter 15 has spawned recent and inconsistent decisions on the critical issue of where the debtor has its center of main interests (COMI). For a foreign proceeding to obtain recognition as a foreign main proceeding, it must be pending in the jurisdiction of the debtor's COMI. Is COMI determined based on the debtor's historical operations, on its location (if any) on the date of the chapter 15 petition or on the commencement date of the foreign proceedings? Other recent cases address the use of foreign avoidance law through chapter 15 and the protection of intellectual property licensees in a chapter 15 case. The panel will discuss these issues and other recent developments in cross-border insolvency. |
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Concurrent Session 3 SBMM * - Liquidation Values In Restructures - Is It A Moving Target? |
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Moderator |
Robert Morris, CIRA, ARG Recovery LLC |
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Speakers |
Tom Laczay, DJM Realty
David Peress, Hilco Streambank
Mark Weitz, Great American Group
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Description |
Discussion of the values, both liquidation and going concern, of major asset classes; Intellectual Property, Machinery & Equipment, Real Estate and Inventory. The discussion will include initial value, what can cause a change in value, how much can it change, how to gauge the magnitude of change, and mitigations to change. Also, special considerations for each class during the restructure process. The panel is composed of the acknowledged industry leaders in the asset valuation and disposition industry. |
Noon – 5:00 pm |
Social Activities |
6:30 – 7:30 pm |
Cocktail Reception |
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Sponsored by CRG Partners LLC |
7:30 – 9:30 pm |
Annual Banquet and Awards Dinner |
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Speakers |
Craig Hall, HALL
Kathryn Walt Hall, HALL
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Sponsored by Capstone Advisory Group, LLC; Deloitte.; Huron Consulting Group; KPMG
Wine Sponsored Bean Hunt & Co.; D.R. Payne & Associates; Kapila & Company; Lefoldt & Company; Thompson Hine
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9:30 – 11:00 pm |
Dessert Reception |
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Sponsored by Mesirow Financial Consulting LLC; Protiviti Inc. |
Friday, June 8 |
7:30 – 8:30 am |
Continental Breakfast |
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Sponsored by Bederson & Company LLP |
8:30 – 9:45 am |
Concurrent Session 1 Foreign Exchange |
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Moderator |
Tracy Gopal, CIRA, CDBV, Ernst & Young |
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Speakers |
David Gopal, Wells Fargo Risk Management
Michael Hartman, GE Capital Corporate Finance
Arthur Miller, Ernst & Young
Nancy Turner, Perella Weinberg Partners
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Description |
Shifting values of foreign currencies impact everything from the price of goods at WalMart, to the value of investment portfolios, to the profitability of your clients. This panel will provide an overview of how increased volatility in foreign currency markets impact your clients and what you need to know as a financial advisor to stressed / distressed companies which may have difficulty dealing with the financial implications of adverse currency moves. Topics will include (i) an overview of FX risk and basic hedging strategies including natural hedges (ii) the impact of derivative carve-outs on ABL availability and (iii) how to value and sensitize businesses with significant FX exposures. |
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Concurrent Session 2 SBMM * – Forensic Investigations – Current Landscape and Future Trends |
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Moderator |
Farley Lee, CIRA, Deloitte Financial Advisory Services LLP |
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Speakers |
Ron Durkin, CIRA, CliftonLarsonAllen LLP
Gerry Fujimoto, Deloitte Financial Advisory Services LLP
Brian Lopez, CliftonLarsonAllen LLP
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Description |
We will explore and discuss each of the three major phases of a forensic investigation from the collection and gathering of data, the analysis of data, and the presentation and reporting of the information. You will learn how technology is used in the collection and analysis of evidence, how forensic accountants deal with incomplete and inaccurate records, what pitfalls a forensic specialist may encounter in reporting the evidence, and how to best apply forensic procedures and best practices in your forensic engagements. |
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Concurrent Session 3 Healthcare |
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Moderator |
William Smith, McDermott, Will & Emery |
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Speakers |
Thomas M. Barry, Hammond Hanlon Camp LLC
Robert C. Yolland, Franklin Templeton Group
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Description |
Health care reform, continual cuts in public reimbursement rates, the recession and shifting investor sentiments are changing the focus of reorganization and workout options: what is the market to do? This panel will examine the current trends in dealing with distressed healthcare assets, issues in industry consolidation, current areas of investor and buyer focus and effective strategies to search for capital partners. |
9:45 – 10:00 am |
Morning Break |
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Sponsored by BDO Consulting |
10:00 – 11:00 am |
Concurrent Session 1 Credit Markets |
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Moderator |
James Chiarelli, Piper Jaffray & Co. |
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Speakers |
Rocky Gor, GE Capital
Stephen Krawchuk, Crystal Financial
Steven Macko, Wells Fargo Capital Finance
Jason Thomas, CIRA, Imperial Capital LLC
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Description |
Capital Markets Outlook. Outlook regarding amount of loans/CMBS coming due, the availability of debt and equity, and implications on demand for workout/restructuring. |
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Concurrent Session 2 Reorganizing in Receivership: Possibilities, Precautions and Pitfalls |
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Moderator |
Steven Spector, Esq., Buchalter Nemer |
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Speakers |
Hon. Marc Barreca, US Bankruptcy Court W. Dist. WA
Hon. Ann Jones, LA Superior Court
Kirk Rense Esq., Law Offices of Kirk S. Rense
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Description |
A panel discussion of the advantages and disadvantages from restructuring in receivership vs. bankruptcy |
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Concurrent Session 3 Current Issues in Accounting |
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Moderator |
Eric Danner, CIRA, CRG Partners |
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Speakers |
Stephen Darr, CIRA, CDBV, Mesirow Financial Consulting LLC
Neal McNamara, KPMG LLP
Pamela Verick, Protiviti Inc.
Christopher M. Winter, Esq., Duane Morris LLP
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Description |
A discussion of the current developments that the financial advisor/restructuring financial officer to a Chapter 11 filing should be aware of in rendering services. |
11:00 – Noon |
Concurrent Session 1 Article 9 Sales |
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Moderator |
Larry Ahern, Esq., Burr & Forman LLP |
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Speakers |
Dena Cruz, Esq., Bryan Cave LLP
Wayne Elggren, CIRA, Navigant Capital Advisors, LLC
Hon. Barry Russell, US Bankruptcy Court C. Dist CA
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Description |
The panel will discuss other current issues and recent developments of interest to creditors in bankruptcy and insolvency situations, focusing on Article 9 sales in lieu of 363 sales, Article 9 sales of stock, pending amendments to Article 9 and the status of mortgage litigation, especially as it implicates UCC issues. |
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Concurrent Session 2 Plan Confirmation |
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Moderator |
Daniel Winikka, Jones Day |
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Speakers |
Jonathan Goulding, CIRA, Alvarez & Marsal, LLC
Gary Klausner, Stutman, Treister & Glatt
James Lukenda, CIRA, Huron Consulting Group
Hon. Mary Walrath, US Bankruptcy Court Dist. Delaware
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Description |
Plan confirmation with a focus on competing plans. Competing plans in chapter 11 appear to have become more prevalent due to shorter limits on exclusivity extensions, multi-tiered capital structures giving rise to more valuation disputes, and a trend in some courts towards requiring asset sales be consummated pursuant to a plan. This panel will focus on issues relating to the pursuit of competing plans, including exclusivity, solicitation and feasibility, as well as other confirmation issues. |
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Concurrent Session 3 SBMM * – Preferences and Fraudulent Transfers |
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Moderator |
David Berliner, CIRA, BDO Consulting |
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Speakers |
Harry Steinmetz, CIRA, WeiserMazars LLP
Philip Goy, CIRA, BBK
Jason Jones, Esq., CIRA, Bilzin Sumberg Baena Price & Axelrod LLP
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Description |
A discussion of current developments from the perspective of the financial advisor and the search for an analysis of preferences and fraudulent transfers. |
Noon - 1:30pm |
Luncheon Program Keynote Speaker |
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Speaker |
Patrick J. O’Keefe, JH Cohn LLP |
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Sponsored by Alston & Bird LLP; Greenberg Traurig LLP; Young, Conaway, Stargatt & Taylor; WeiserMazars LLP |
1:30 – 2:30 pm |
Concurrent Session 1 Alternative Energy |
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Moderator |
Michael Haftl, AlixPartners LLP |
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Speakers |
Debra Grassgreen, Esq., Pachulski Stang Ziehl & Jones LLP
Matthew Scullin, New Resource Bank
Bennett Young, Esq., Jeffer Mangels Butler & Mitchell LLP
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Description |
A discussion on the alternative energy industry, including recent cases, unique industry issues, as well as legal and financial implications of restructurings. |
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Concurrent Session 2 Tax |
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Moderator |
Brian Choe, CIRA, Alvarez & Marsal LLC |
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Speakers |
Richard Fung, Ernst & Young
Steven Joffe, FTI Consulting, Inc.
John Uhrich, PwC
Sara Zablotney, Esq., Kirkland & Ellis LLP
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Description |
Discussion of restructurings using a taxable asset sale structure and other strategies for tax savings in company reorganizations. |
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Concurrent Session 3 Media |
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Moderator |
Luke Schaeffer, FTI Consulting, Inc. |
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Speakers |
John Hyde, Rehab Incorporated
Evan Jones, Esq., O’Melveny & Myers LLP
Christa Thomas, Sun Trust Bank, Sports & Entertainment Practice
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Description |
This panel addresses the successes and failures of traditional media companies adjusting their business models to survive, even if they cannot flourish, in light of the effects of digital distribution and issues practitioners need to consider when advising their clients. |
2:30 – 2:45 pm |
Afternoon Break |
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Sponsored by BDO Consulting |
2:45 – 3:45 pm |
Concurrent Session 1 Workout Lenders |
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Moderator |
Stan Speer, CIRA, Alvarez & Marsal LLC |
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Speakers |
John Kopcha, Union Bank
Seth Moldoff, Wells Fargo Bank NA
Suzzanne Uhland, Esq., O'Melveny & Myers LLP
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Description |
The panel will provide some insights into how workout lenders think on a daily basis. Topics covered will include how bank regulations affect the strategies and goals of the workout lender and how that has changed in recent years. In addition, workout lenders will discuss what skill sets and qualities they look for in recommending financial advisors, investment bankers, and attorneys to their loan clients, as well as what they look for and limitations they face when hiring financial advisors, investment bankers, and attorneys to represent the lenders – and where financial advisors, investment bankers, and attorneys have failed to efficiently resolve a workout situation, what the issues faced were. What are the most important analyses and information they need to make informed decisions? |
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Concurrent Session 2 Municipal Defaults and Chapter 9 |
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Moderator |
Zack Clement, Fulbright & Jaworski LLP |
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Speakers |
David Hooks, Jefferson County, Alabama
Marianna Marysheva Martinez, Town of Mammoth Lakes California
David Stern, Esq., Klee, Tuchin, Bogdanoff & Stern LLP
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Description |
A panel discussion of the default rate of municipal bonds and the use of Chapter 9. |
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Concurrent Session 3 Bankruptcy Developments |
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Moderator |
Michael Goldstein, Esq., Greenberg Traurig, LLP |
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Speaker |
Jeffrey Davidson, Esq., Stutman, Treister & Glatt
John Shaffer, Esq., Stutman, Treister & Glatt
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Description |
A panel discussion of recent, significant cases and their legal implications. |
3:45 – 4:00 pm |
Margarita Break |
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Sponsored by Dawson & Gerbic LLP |
4:00 – 5:00 pm |
Concurrent Session 1 Distressed Investing |
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Moderator |
David Miller, CIRA, CDBV, Macquarie Group |
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Speaker |
John Beauclair, Gryphon Investors
David Fredston, The Gores Group, LLC
James Millar, WilmerHale
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Description |
This panel will discuss the trends and changes in the distressed investing arena such as: What is the atmosphere for distressed investing? Is there more money or less money available to for distressed investments now or in 2008? What type of distressed investments and strategies do you see investors using? Has this changed over the past few years? Do you expect more opportunities in the next few years? What type of firms have been the most successful with distressed investing? |
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Concurrent Session 2 Real Estate |
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Moderator |
Kevin Clancy, CIRA, J.H. Cohn LLP |
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Speakers |
Dara Friedman, Morgan Stanley & Co.
Philip Gund, CIRA, Marotta, Gund, Budd & Dzera, LLC
Charles Hewlett, RCLCO
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Description |
Current and likely future trajectory of the economy and real estate markets and the impact this will have on the demand for real estate workouts and restructurings. |
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Concurrent Session 3 SBMM – Tax Issues |
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Moderator |
Joseph Dawson, CIRA, Dawson & Gerbic LLP |
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Moderator |
Rebecca A. Meehan, CIRA, Oto Bailey Fukumoto & Mishima Inc.
Hon. Mark Wallace, US Bankruptcy Court C. Dist CA
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Description |
Preservation and use of attributes, losses, deductions, and credits in insolvency situations. |
5:30 pm |
Evening Social Events Baseball Game - Giants vs. Rangers |
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Sponsored by PCG Consultants |
Saturday, June 9 |
7:30 – 8:30 am |
Continental Breakfast |
8:30 – 9:30 am |
Concurrent Session 1 Accepted Professional Methodology for Distressed Business Valuation Disputes: Part 1 |
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Moderator |
Robert Remian, Conway MacKenzie, Inc. |
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Speakers |
David Bart, CIRA, CDBV, RSM McGladrey Inc.
Guy Davis, CIRA, CDBV, Protiviti Inc.
David Payne, CIRA, CDBV, D.R. Payne & Associates, Inc
Bernard Pump, CIRA, CDBV, Deloitte Financial Advisory Services LLP
Jay Sakalo, Esq., Bilzin Sumberg Baena Price & Axelrod
Maggie Smith, CIRA, CDBV, GlassRatner Advisory & Capital Group LLC
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Description |
An interactive review of advanced topics from the CDBV Valuation Accreditation Course and Judge Barry Russell’s Bankruptcy Evidence Manual, including recent case law addressing competing valuation experts, Daubert standards, admissibility of evidence, and the AIRA’s expanded professional standards for experts and issuers of opinions valuing distressed and illiquid businesses. An important update for holders of the Certificate in Distressed Business Valuation professional designation. Qualifies for 1 hour of Regulatory Ethics. |
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Concurrent Session 2 SBMM – Turnaround Challenges in Today's Environment |
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Moderator |
Duncan Bourne, CIRA, Wynnchurch Capital, Ltd. |
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Speakers |
Tom Jeremiassen, CIRA, Berkeley Research Group, LLC
Soneet Kapila, CIRA, Kapila & Co.
Matthew Schwartz, CIRA, Bederson & Company LLP
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9:30 – 9:45 am |
Morning Break |
9:45 – 10:45 am |
Significant Litigation and Practice Changes |
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Moderator |
Keith Shapiro, Greenberg Traurig LLP |
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Speaker |
Robert Bingham, CIRA, Zolfo Cooper
Andrew Silfen, Esq., Arent Fox LLP
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Description |
Panel intended to cover significant cases, Stern v Marshall, its implications and subsequent related cases. |
10:45 – 11:45 am |
Accepted Professional Methodology for Distressed Business Valuation Disputes: Part 2 |
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Description |
A continuation of topics from the CDBV Valuation Accreditation Course and Judge Barry Russell’s Bankruptcy Evidence Manual, including recent case law addressing competing valuation experts, Daubert standards, admissibility of evidence, and the AIRA’s expanded professional standards for experts and issuers of opinions valuing distressed and illiquid businesses. Qualifies for 1 hour of Regulatory Ethics. |
Noon |
Depart Napa Valley Wine Tour |