Attention:
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COVID-19: Infecting Employment Issues in Bankruptcy


Level: Intermediate
Runtime: 74 minutes
Recorded Date: August 26, 2021
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Agenda

  • Donwturns
  • Applicable Bankruptcy Law for Compmensation Plans
  • Overview of Compensation Issues in Chapter 11
  • Key Employee Incentive Plan (KEIP)
  • Key Employee Retention Plan (KERP)
  • Pre-Filling Retention Plans
  • Emergence Grants
  • Current Design Trends
Runtime: 1 hour, 14 minutes
Recorded: August 26, 2021

For NY - Difficulty Level: For both newly admitted & exerpenced attorneys (transtional)

Description

This panel will discuss the WARN Act, KERPs and KEIPs, vacation/sick time and the ??507(a)(4) cap, varying state laws on severance claims that are driving the locations of filings, and more.

This program was recorded as part of ABI's 2021 Southwest Bankruptcy Conference on August 26th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Brian L. Cumberland

Managing Director
Alvarez & Marsal Taxand, LLC

Brian L. Cumberland is a managing director with Alvarez & Marsal Taxand, LLC in Dallas and leads the firm’s Restructuring Compensation Practice. He assists with the development of compensation strategies, benchmarking compensation, annual incentive and long-term compensation programs to align with a company’s business strategies and with consideration of the tax and accounting ramifications.

Ms. Cumberland designs compensation programs for executives and members of a company’s board of directors, Key Employee Incentive Programs (KEIPs) for insiders, Key Employee Retention Programs (KERPs) and Management Incentive Programs (MIPs). Prior to joining A&M, he led KPMG’s Compensation and Benefits Group for the Southwest. Previously, he was with KPMG’s National Tax Practice in Washington.

Mr. Cumberland is a member of the American Bar Association and the Texas State Bar. He received his B.B.A. in business administration and finance from the University of Texas, his J.D. from St. Mary’s School of Law and his LL.M. in Taxation from the University of Denver.

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Hon. Daniel P. Collins

Judge
U.S. Bankruptcy Court, District of Arizona

Daniel P. Collins is a judge on the United States Court of Appeals for the 9th Circuit. On November 13, 2018, President Donald Trump (R) nominated Collins to a seat on this court.[1] The U.S. Senate confirmed Collins' nomination by a 53-46 vote on May 21, 2019. He received commission on May 22, 2019.[2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 9th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts.

Collins was a partner in the Los Angeles, California, office of Munger, Tolles & Olson LLP from 2003 to 2019.[3][4] He first joined the firm in 1996.

Collins obtained an A.B., summa cum laude, from Harvard College in 1985. In 1988, he earned a J.D., with distinction, from Stanford University, where he was Order of the Coif. During his legal studies, Collins served as a note editor on the Stanford Law Review.

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Dawn M. Cica

Founding Member
Carlyon Cica Chtd.

Dawn M. Cica is an attorney with Carlyon Cica Chtd. in Las Vegas and has more than 30 years of experience working on transactions of all types, including transactional aspects of bankruptcy and creditors’ rights such as strategic resolutions, workouts, restructurings, settlements, debtor-inpossession financings and asset-purchases/sales. In addition to her transactional experience, she has built a renowned bankruptcy practice representing creditors, committees, affiliated parties and debtors.

Ms. Cica has been involved in many influential Nevada bankruptcies in various industries, including the Aladdin Resort, Station Casinos, Riviera Hotel & Casino, Jerry’s Nugget, Las Vegas Monorail, Lake Las Vegas, South Edge, Consolidated Resorts, Viansa Winery, Tower Homes, Village at Centennial Springs, CommPartners, Global Axcess, MEGO Financial, Integrated Financial Associates, USA Capital, Rodeo Creek Gold, Martifer Solar USA, Nevada Cancer Institute, Cal-Neva Lodge, LLC, New Cal-Neva Lodge, LLC, Nevada Gaming Partners, LLC, John Ritter, DC Solar and Lucky Dragon Hotel and Casio. She has also participated in bankruptcies and assignments for the benefit of creditors in California and New York.

Ms. Cica has received numerous industry and peer recognitions, including the National M&A Advisory Award for Real Estate Deal of the Year – Chapter 15 Sale of the Veris Gold Mine (2015), and as one of the Nevada and Top 50 Women Mountain States Super Lawyers. She received her B.S. in finance and B.A. from the University of Nevada, Reno in 1984 and her J.D. from the University of California, Los Angeles School of Law in 1987, where she was a member of the UCLA Law Review and participated in a moot court.

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Ira L. Herman

Partner
Blank Rome, LLP

Ira Herman concentrates his practice on restructuring and bankruptcy matters with emphasis on distressed public debt issues and distressed M&A.

Ira regularly advises lenders and other clients on the management of bankruptcy risk in their transactions; indenture trustees regarding defaulted public debt issues; and lenders regarding restructuring and bankruptcy, including distressed M&A transactions and inter-creditor issues. Additionally, he provides services on the debtors’ side, counseling financially distressed entities and their management on restructuring challenges pertaining to corporate governance issues, and litigating corporate governance matters, such as breach of duty in good faith and dealing. As a court appointed mediator, Ira has been able to facilitate the resolution of controversies involving U.S. and non-U.S. parties concerning bankruptcy and commercial law issues.

In addition to his restructuring and bankruptcy practice, Ira has been providing support to for-profit and nonprofit entities concerning data privacy and cybersecurity issues.

Ira serves on the editorial advisory board of the Lexis Practice Advisor Journal. In 2017, Ira was appointed to the Bankruptcy Law360 editorial advisory board. He has authored “Anticipating and Managing Bankruptcy Risk,” a series of articles prepared for the Financial Restructuring & Bankruptcy module of Lexis Practice Advisor?, and chapter 28, titled “Bankruptcy,” in the treatise Negotiating and Drafting Office Leases (2017, Law Journal Press).

During law school, Ira served as an articles editor for the Boston University International Law Journal. While earning his bachelor’s degree, he served as editor-in-chief of The Polis, a political science journal.


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