Attention:

Ethical Considerations for the Business Lawyer


Level: Advanced
Runtime: 76 minutes
Recorded Date: May 20, 2021
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Agenda

  • Disclosure Obligations as a Retained Advisor
  • Disclosable Economic Interests Under Rule 2019
  • COVID Issues, Including Remote Work Issues
  • Disinterestedness Standards of Debtor’s Counsel
  • Litigation Financing and Disclosure Obligations
  • Professional Compensation
  • ABI Report on Professional Standards and Conduct
  • Directly Adverse v. Positionally Adverse Under Model Rule 1.9
Runtime: 1 hour, 16 minutes
Recorded: May 20, 2021

Description

This panel discussion will delve into a plethora of ethical issues pulled from today’s headlines, including litigation funding, professional compensation, protection and use of material nonpublic information, “connections,” Alix v. McKinsey litigation, and issues created by the pandemic and our remote-work environment.

This program was recorded as part of the American Bankruptcy Institute's New York City Bankruptcy Conference held on May 20th, 2021.

Provided By

American Bankruptcy Institute

Panelists

Jonathan E. Goldin

COO & General Counsel, U.S. Restructuring
Teneo Capital Advisory

Jonathan E. Goldin is the COO and general counsel of Teneo Capital Advisory in New York and has more than a decade of experience as a corporate legal and operations principal. He also provides strategic financial advice, having worked with clients across various industries on restructuring engagements, valuation analyses and fiduciary matters.

Mr. Goldin was previously a lawyer at Wachtell, Lipton, Rosen & Katz, where he focused on representing corporations, directors and officers in litigation relating to mergers and acquisitions, corporate governance, securities law issues, regulatory inquiries and other complex civil matters. Before practicing law, he clerked for Hon. Sidney H. Stein of the U.S. District Court for the Southern District of New York and for Hon. Jos? A. Cabranes of the U.S. Court of Appeals for the Second Circuit.

Mr. Goldin is a member of the New York City Bar Association’s Bankruptcy and Reorganization Committee, Puerto Rico Task Force and Litigation Funding Working Group, ABI and the Association of Corporate Counsel. His public service has included membership on the New York City Water Board and its Joint Audit Committee with the New York City Water Finance Authority, the Commercial Division Advisory Council of the New York Court System, the New York Chief Judge’s Committee on Non-Lawyers and the Justice Gap, and the Pro Bono Advisory Committee of the New York Lawyers for the Public Interest. He also is a trustee of the Citizens Budget Commission.

Mr. Goldin received his A.B. cum laude from Harvard College, where he was elected to Phi Beta Kappa, and his J.D. magna cum laude from Harvard Law School.

Christopher R. Donoho, III

Global Head, Business Restructuring and Insolvency
Hogan Lovells US LLP

Christopher R. Donoho, III is global head of Hogan Lovells US LLP’s Business Restructuring and Insolvency practice group and is experienced in domestic and cross-border private equity portfolio company restructurings, bondholder group representations and distressed M&A. He has played a leading role on numerous award-winning deals, including advising the Kodak Pension Plan in the Eastman Kodak Company chapter 11 case (which won the Turnaround Management Association’s 2014 Mega Turnaround of the Year Award, where he received an individual award for his contributions), representing Orexigen Therapeutics in its chapter 11 proceedings and successfully negotiating a court-approved ? 363 sale of Orexigen’s assets to Nalproprion Pharmaceuticals (winner of The M&A Advisor’s 2018 Turnaround Award for Healthcare/Life Sciences Deal of the Year (Under $500m)), and representing the unsecured creditors’ committees in the Abengoa chapter 11 cases, having confirmed plans of reorganization delivering substantial value to unsecured creditors and now is pursuing additional recoveries for the liquidating trustees (which won The M&A Advisor’s 2017 Turnaround Award for ? 363 Sale of the Year (Over $250m - $500m)).

From 2015-19, Mr. Donoho served as the office administrative partner of the firm’s New York office. He received his A.B. from Brown University in 1991 and his J.D. from Vanderbilt University in 1994.

John D. Penn

Firmwide Chair, Bankruptcy & Restructuring Practice
Perkins Coie LLP

John D. Penn is the firmwide chair of Perkins Coie LLP’s Bankruptcy & Restructuring Practice in New York and Dallas. He is licensed by the Supreme Court of Texas and the Supreme Court, Appellate Division of New York in 2010, and has been an active bankruptcy and insolvency practitioner for almost 40 years.

Mr. Penn is a former ABI president and chairman, and he served as chairman and past president of the American Board of Certification. He has been Board Certified in Business Bankruptcy Law by both the American Board of Certification and the Texas Board of Legal Specialization for nearly 30 years.

Mr. Penn has written extensively on bankruptcy and reorganization topics. His work has been published in the ABI Law Review, the ABI Journal and a number of other publications.

Mr. Penn received both his B.B.A. and J.D. from Baylor University.

Hon. Alan S. Trust

Chief Judge
U.S. Bankruptcy Court, Southern District of New York

Hon. Alan S. Trust is Chief U.S. Bankruptcy Judge for the Eastern District of New York in Central Islip, initially appointed on April 2, 2008, and named Chief Judge on Oct. 1, 2020. He has been an adjunct professor of law at the St. John’s University School of Law since 2009.

Judge Trust served a two-year term as president of the Eastern District of New York Chapter of the Federal Bar Association, and serves as CLE Committee co-chair. He is a past chair of the Bankruptcy Law Section of the Federal Bar Association and a member of the board of directors of that Section, and has served as the CLE Committee chair.

Judge Trust is a member of the ABI Journal’s Editorial Board and is a coordinating editor for the Journal, and for several years has had responsibility for its Dicta column. He is a member ABI and the National Conference of Bankruptcy Judges.

Judge Trust had been previously designated by the Second Circuit Court of Appeals to mediate cases in the Southern District of New York and to sit in the District of Connecticut bankruptcy court. He has continued to serve as a judge mediator in the Eastern District of New York.

Judge Trust has been selected by the Federal Judicial Center on several occasions to serve as a faculty member for national bankruptcy judge workshops, and he has spoken on issues such as evidence and the power of the bankruptcy courts to regulate its proceedings through sanctions and contempt. He also serves on the Judiciary Data Working Group under the auspices of the Administrative Offices of the U.S. Courts.

Judge Trust is a frequent speaker and contributor for numerous CLE events and seminars, addressing bankruptcy, mediation, trial practice and ethics issues, and has participated in a number of civics programs. He was instrumental in the creation of the Pro Bono Mediation Program and the formation of the Consumer Lawyer Advisory Committee adopted by the Eastern District of New York Bankruptcy Court.

Judge Trust received his undergraduate degree summa cum laude from Syracuse University in 1981, where he was a member of Phi Beta Kappa, and his J.D. cum laude from New York University School of Law in 1984, having served on its law review from 1982-83.

Jasmine Ball

Partner
Debevoise & Plimpton LLP

Jasmine Ball is a corporate partner and member of Debevoise & Plimpton LLP’s Business Restructuring & Workouts Group in New York and regularly represents debtors, investors, creditors and other parties in distressed mergers & acquisitions, workouts, debt and equity financing and refinancing, complex restructurings and chapter 11 bankruptcy proceedings. She is recognized by The Legal 500 US and IFLR 1000, and was among the winners of M&A Advisor’s 2017 “Restructuring Deal of the Year ($1B to $5B)” for her role as aircraft counsel to CHC Group in its successful chapter 11 proceedings.

Ms. Ball was among the winners of Turnaround Management Association’s 2018 “International Restructuring of the Year” and Global M&A Network’s “Turnaround Atlas Awards 2018 Corporate Turnaround of the Year.” In addition, she received the Turnaround Management Association’s 2014 “Transaction of the Year: Mega Company Award” for her role in advising American Airlines and AMR as special aircraft counsel in their highly successful chapter 11 proceedings.

Ms. Ball was named a 2015 recipient of the “Outstanding 50 Asian Americans in Business” awards and recognized as an “Outstanding Young Restructuring Lawyer” (2013) by Turnarounds & Workouts. She is a member of the Bar of the State of New York and is admitted to practice before the U.S. District Court for the Southern District of New York.

Ms. Ball received her B.S. in civil engineering and operations research in 1996 from Princeton University, with a certificate in engineering and management systems, and her J.D. in 1999 from the University of Michigan Law School, where she was an executive editor of its Journal of International Law.


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