8:45-9:00am

Introduction and Opening Remarks

• Andrew I Silfen, Arent Fox LLP, Co-Chair
• Kevin Clancy, CIRA; J.H. Cohn, Co-Chair

9:00-10:30am

2008 - A Year in Review from the Perspective of Judges and Attorneys

Moderator:

• Corinne Ball, Jones Day

Speakers:

• Hon. Kevin J. Carey, U.S. Bankruptcy Court, District of Delaware
• Hon. Christopher S. Sontchi, U.S. Bankruptcy Court, District of Delaware
• Hon. James M. Peck, U.S. Bankruptcy Court, Southern District of New York
• Richard G. Mason, Wachtell, Lipton, Rosen & Katz
• Luc A. Despins, Milbank, Tweed, Hadley & McCloy LLP

Description:

The panel will discuss the leading decisions and case law issued over the past year from the 2nd and 3rd Circuits.

10:30-11:15am

Disclosure and Connection Rules – Truth or Consequences for Professionals and Clients (Bankruptcy Rules 2014 and 2019)

Moderator:

• Deirdre Martini, Wachovia Capital Finance

Speakers:

• Hon. Robert E. Gerber, U.S. Bankruptcy Court, Southern District of New York
• Schuyler Carroll, Arent Fox LLP
• Mark McDermott, Skadden, Arps, Slate, Meagher & Flom LLP

Description:

This panel will discuss recent caselaw and its precedent consequences in future chapter 11 cases and focus on the disclosure requirements of various types of stakeholders. The acquisition of troubled companies has grown into a major industry with private equity and hedge funds seizing opportunities to gain control and own companies through distressed investing, creating the current robust distressed M+A market. There is a host of legal issues surrounding an acquisition strategy through the chapter 11 process focusing on disclosure and transparency issues which are subject to interpretation of Rules 2014 and 2019

11:15-11:30am

Break

11:30-12:50pm

Plan Valuation Case Law Update – Emerging Valuation Theories and Strategies

Moderator:

• David Zensky, Akin Gump Strauss Hauer & Feld LLP

Speakers:

• Hon. Robert Drain, Southern District New York
  Hon. Donald H. Steckroth, District of New Jersey
  Rick Braun, FTI Consulting
  Abid Qureshi, Olshan Grundman
  John Rapisardi, Cadwalader, Wickersham & Taft LLP

Description:

Our panel of financial, legal and judicial restructuring gurus will discuss, from their perspective, valuing a company. They will explore among other things current techniques and trends and provide perspective in arguing and proving value in a distressed restructuring scenario.

12:50-1:45pm

Networking Lunch sponsored by JH Cohn

1:45-2:45pm

Management Incentive and Bonus Programs Under the 2005 Amendments – Crystal Anniversary

Moderator:

• Pauline Morgan, Young Conaway Stargatt & Taylor, LLP

Speakers:

• Hon. Brendan L. Shannon, U.S. Bankruptcy Court, District of Delaware
• Hon. Arthur J. Gonzalez, U.S. Bankruptcy Court, Southern District of New York
• Durc Savini, Miller Buckfir
• Kelley Cornish, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Description:

This panel will review the case law that has developed during the past three years regarding the interpretation and application of Section 503(c) of the Bankruptcy Code. The panel will also discuss key features in the types of management incentive plans that are currently being approved by the Courts and will highlight pitfalls to be avoided when developing a management bonus plan.

2:45-3:30pm

Credit Default Swaps – What Are They and the Bankruptcy Process and Impact?

Moderator:

• Marc Rosenberg, Kaye Scholer LLP

Speakers:

• Professor Stephen Lubben, Seton Hall Law School
• Richard Levin, Cravath, Swaine & Moore

Description:

This panel will provide an overview of a single-name credit default swap, including the possible effects of such instruments on the restructuring process.

3:30-3:45pm

Break sponsored by Cooley Godward Kronish LLP

3:45-5:00pm

The New Retail Bankruptcies

Moderator:

• William Lenhart, CIRA, BDO Consulting

Speakers:

• Hon. Allan L. Gropper, U.S. Bankruptcy Court, Southern District of New York
• Walter Jones, J.H. Cohn
• Jay R. Indyke, Cooley Godward Kronish LLP
• Rob Feinstein, Pachulski, Stang, Ziehl & Jones
• David Berliner, CIRA, BDO Consulting

Description:

The panel will discuss the recent trends in retail bankruptcies. Confronted with new challenges–such as the shift in power from retailers to landlords as a result of the changes in the rules to assume or reject leases, the lack of liquidity due to the use of second liens, suppliers’ administrative claim status and the overall credit crunch–debtors now lack the time and alternatives for a turnaround. These constraints have pushed troubled retailers towards a quick sale or liquidation in the Chapter 11 versus having time to effectuate a restructuring and get a ‘fresh start’. The panel will provide operational, legal and financial perspectives from all sides of the equation using recent case studies.

5:00-6:30pm

Cocktail Reception Honoring Chief Judge Stuart Bernstein, Southern District of New York
Sponsored by Arent Fox LLP, BDO Consulting, Kaye Scholer LLP, and
Young Conaway Stargatt & Taylor, LLP