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Hot Topics in Business Law


Level: Advanced
Runtime: 55 minutes
Recorded Date: December 08, 2018
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Agenda


  • A New Look at the "New Value" Preference Defense in the 11th Circuit
  • Delaware's Take on Unfair Discrimination in Cramdown Plans
  • Recent Developments in Case Law Relating to Third Party Releases
Runtime: 55 minutes
Recorded: December 8, 2019

Description

Hear from our accomplished panelists as they highlight recent business cases of significance to bankruptcy practitioners.

This program was recorded as part of ABI's Winter Leadership Conference on December 8th, 2018.

Provided By

American Bankruptcy Institute
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Panelists

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Mark P. Williams

Attorney
Norman, Wood, Kendrick & Turner

Mark P. Williams is board certified in Creditors’ Rights and Business Bankruptcy by The American Board of Certification, of which he has served on the Board of Directors since 2009 and has a Judicial AV Preeminent? rating and an AV Preeminent? rating from Martindale-Hubbell. Mr. Williams has handled all phases of creditor representation throughout the State of Alabama including bankruptcy, commercial litigation, construction litigation, commercial collections, mechanics and materialmens lien claims, mortgage foreclosures, and appeals for over thirty years.

Mr. Williams is a past Chairman of the Bankruptcy and Commercial Law Section of the Alabama State Bar and has served as an adjunct lecturer of legal studies at the University of Alabama School of Commerce and Business Administration and as an adjunct professor in bankruptcy and creditors’ rights at the University of Alabama School of Law. He also coaches the bankruptcy moot court team for the University of Alabama School of Law. Mr. Williams served as Law Clerk for the Honorable George S. Wright, former Chief Judge for the United States Bankruptcy Court for the Northern District of Alabama.

Mr. Williams was recognized in the 25th Edition of The Best Lawyers in America? for his work in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law by Best Lawyers?. Mr. Williams has been recognized by Alabama Super Lawyers? in the practice area of Bankruptcy & Creditor/Debtor Rights since 2009. He was named in B-Metro Magazine’s “Top Lawyers” in 2010, 2012, and 2016-2018. He was also named in BHM BIZ‘s “Top Lawyers” in 2016. He served on the Alabama Law Institute Revised Article 9 Committee. Mr. Williams has also served as a Co-Chairman of the Professional Compensation Committee and on the Website Editorial Board of the American Bankruptcy Institute.

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Jane A. VanLare

Partner
Cleary, Gottlieb, Steen & Hamilton, LLP

Jane VanLare’s practice focuses on restructuring, insolvency, and bankruptcy litigation.

Jane has advised on significant transactions in the bankruptcy and restructuring space, including acting as counsel to Overseas Shipholding Group’s successful restructuring and exit from Chapter 11 bankruptcy protection, which IFLR named as “Restructuring Deal of the Year,” Goldman Sachs in the Lehman Brothers Chapter 11 proceedings, which IFLR named as a "Restructuring Deal of the Year," and to Truvo Group in its Chapter 11 proceedings, which IFLR named as an “EMEA Restructuring Deal of the Year.” For three years in a row, Jane was honored on Benchmark Litigation’s “Under 40 Hot List.”

Jane joined the firm in 2010 and became a partner in 2016.

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Omar J. Alaniz

Partner
Baker Botts LLP

Omar Alaniz is the Former Chair of the Texas State Bar's Bankruptcy Section and Dallas Bankruptcy Bar. He represents debtors and creditors in chapter 11 cases and has substantial experience in bankruptcy-related litigation and appeals, including prevailing in oral argument before the Texas Supreme Court. 

Omar has been recognized in the 2015-2019 editions of Chambers USA. He is described as "an active figure at the Texas bankruptcy Bar, and has an excellent reputation for his intelligence and technical skills." A client remarked that Omar's strengths are “excellent client focus, deep understanding of materials, attention to detail and cost-conscious mindset.”

In 2019, Omar was invited to join the National Bankruptcy Conference, whose primary purpose is to advise Congress on bankruptcy law.

In 2017, the American Bankruptcy Institute included Omar in its inaugural list of the top "40 Under 40" insolvency professionals in the country. In 2012, he received the "Sandra Day O'Connor Award for Professional Service" in the U.S. Supreme Court at an event hosted by Chief Justice John G. Roberts, Jr. In 2013, the National LGBT Bar Association recognized him as a "Best LGBT Lawyers Under 40."

Omar was an adjunct faculty member at SMU Dedman School of Law for several years, where he taught bankruptcy law courses. He is also a frequent speaker and member of various planning committees for bankruptcy continuing legal education programs.

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Norman L. Pernick

Member
Cole Schotz, P.C.

Norman Pernick leads the Wilmington, DE office of Cole Schotz and is co-chair of the Bankruptcy & Corporate Restructuring Department. With almost thirty-five years of experience, Norm has earned a national reputation in the bankruptcy and workout arena, focusing on mid- to large-sized Chapter 11 public and privately-held debtor-side representations, as well as creditors’ committees, major creditors, management, boards of directors, and trustees. For the last fifteen years, he has received the highest praise by his peers and clients alike in Chambers USA as “a brilliant strategist” and “gifted problem solver” with a “breathtakingly effective ability to bring people together to get a deal done,” and for “his practical businesslike approach, fine negotiation skills, strong sense of integrity, and results-oriented, savvy style.”

Norm is very active in the Wilmington community and chairs the Board of Directors of Downtown Visions. Downtown Visions is an umbrella organization for a community-wide effort to revitalize downtown. Norm is also a founding member and first board chair of the Wilmington Main Street program. This program is accredited by the National Trust for Historic Preservation and is the largest Main Street program in the country.

Chief Judge Anthony Scirica, U.S. Court of Appeals for the Third Circuit, appointed Norm to serve on the 2005 Merit Selection Committee for Bankruptcy Judgeship Vacancies in the District of Delaware. The Supreme Court of the State of Delaware also selected Norm to serve as a member of the Delaware Board of Bar Examiners. He is actively involved in numerous professional organizations including the American Bankruptcy Institute, the American College of Bankruptcy, the Delaware State Bar Association Bankruptcy Law Section, the Delaware Bankruptcy Inns of Court, and the Delaware Pro Se Consumer Bankruptcy Initiative.

Norm is the author of the Bankruptcy Deadline Checklist. Now in its fifth edition, this primer is published by the American Bar Association's Business Law Section.

Norman Pernick earned his J.D. with honors at The George Washington University School of Law and his B.A. magna cum laude with high honors at Brandeis University.


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