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Stern Revisited: In re Millennium Lab Holdings and Beyond

Level: Advanced
Runtime: 74 minutes
Recorded Date: April 21, 2018
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10:00 am - 11:15 am
  • Primer on Third-Party Releases
  • Overview of Stern v. Marshall
  • Millennium Case Summary
  • Millennium's Effect on Third-Party Releases
  • Does Millennium Run Afoul of Stern?
  • Questions & Answers
Runtime: 1 hour and 14 minutes
Recorded: April 21, 2018


The panel will review how the decision of Millennium Bankruptcy case to revisit Stern v. Marshall. 

This program was recorded on April 21st, 2018.

Provided By

American Bankruptcy Institute
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Patrick M. Birney

Robinson & Cole, LLP

Patrick M. Birney is a partner at Robinson & Cole LLP (Robinson Cole) in Hartford, Conn., and co-chair of the firm’s Business Reorganizations, Bankruptcy, and Creditors’ Rights group. Since 1998, he has focused his practice on complex transactional, litigation and advisory work related to the debtor/creditor relationship.

Mr. Birney is a contributing editor and writer for the ABI Journal, has contributed to the ABI Law Review, and is a member of the editorial advisory board of the Norton Journal of Bankruptcy Law and Practice. When not focused on insolvency-related endeavors, he serves as vice chair of both the Connecticut Lottery Corp. and the Public Utilities Commission of Wallingford, Conn.

Mr. Birney received his B.A from the University of Dayton, his M.B.A. from Loyola University of Chicago, his J.D. from the University of New Hampshire School of Law and his LL.M. in Bankruptcy from St. John’s University School of Law.

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Nicole Stefanelli

Cullen and Dykman, LLP

Nicole Stefanelli is a partner in the Newark, N.J., office of Cullen and Dykman LLP in its Bankruptcy and Creditors’ Rights department. She represents debtors, creditors’ committees and creditors in complex chapter 11 proceedings in a broad range of industries, including transportation, manufacturing, medical, the arts and financial services. She advises companies in connection with the acquisition of distressed assets both inside and outside of bankruptcy court.

Ms. Stefanelli co-chairs the New Jersey Network of the International Women’s Insolvency and Restructuring Confederation. Prior to entering private practice, she clerked for Bankruptcy Judge Kevin Gross in the District of Delaware from 2007-08.

Ms. Stefanelli was recognized for the “Restructuring Deal of the Year ($100 million to $500 million)” and “Industrial Goods and Basic Resources Sector Deal of the Year” by M&A Advisor, and also won its Emerging Leader Award in 2016. She has also been honored in New Jersey Super Lawyers (2013-17) and received the New Jersey Law Journal New Leader of the Bar Award in 2016.

Ms. Stefanelli received her B.A. from New York University and her J.D. from Rutgers Law School, where she was managing editor of Rutgers Law Review.

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Shane G. Ramsey

Nelson Mullins Riley & Scarborough, LLP

Shane G. Ramsey is a partner in the Nashville, Tenn., office of Nelson Mullins Riley & Scarborough, LLP, where he focuses his practice on financial restructuring, bankruptcy and corporate trust matters. He regularly represents committees of unsecured creditors, indenture trustees, secured creditors, unsecured creditors, bondholders, noteholders, liquidation trustees, plan administrators, disbursing agents and other entities in bankruptcy reorganizations, liquidation proceedings and bankruptcy-related litigation.

Mr. Ramsey also has experience handling complex civil litigation matters in both state and federal courts and in alternative dispute resolution settings, including arbitration and mediation. His business litigation experience includes contract disputes, business torts, breach of fiduciary duties, officer and director liabilities, and other general litigation matters.

Mr. Ramsey is admitted to practice in Tennessee, Florida and Georgia, and before the U.S. District Courts for the Middle, Northern and Southern Districts of Florida, the Northern and Middle Districts of Georgia and the Eastern District of Michigan, and the U.S. Court of Appeals for the Eleventh Circuit.

Mr. Ramsey received his B.A. magna cum laude in 2003 from the University of Tampa and his J.D. with high honors in 2006 from Florida State University College of Law, where he was a member of the Order of the Coif and a senior articles editor of the Florida State University Law Review.

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J. Leland Murphree

Maynard Cooper & Gale

J. Leland Murphree is a shareholder and co-chair of the Bankruptcy and Restructuring Practice at Maynard, Cooper & Gale, PC in Birmingham, Ala., and represents creditors, debtors, committees, distressed investors and fiduciaries in a wide range of complex restructurings, litigation and transactions across the country. He also frequently speaks on topics involving bankruptcy, insolvency and receiverships.

Mr. Murphree has been consistently recognized in The Best Lawyers in America in the area of Bankruptcy Litigation and as a “Rising Star” in the Mid-South (formerly Alabama) Super Lawyers in the area of business bankruptcy. He currently serves as president of the Alabama Chapter of the Turnaround Management Association and was chairman of the Alabama State Bar Bankruptcy and Commercial Law Section from 2016-17.

Mr. Murphree received his B.A. from Samford University and his J.D. magna cum laude from the University of Memphis School of Law.

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Gianfranco Finizio

Senior Associate
Kirkpatrick Townsend & Stockton, LLP

Gianfranco Finizio is a Senior Associate at Kilpatrick, Townsend & Stockton LLP in New York and has experience representing, among other parties in interest, debtors, indenture trustees and official committees of unsecured creditors, whose members include trade creditors, service providers, bondholders, landlords and class actions.

Mr. Finizio has worked on a number of recent high-profile chapter 11 matters, including, among others, In re Toys “R” Us, Inc., In re Breitburn Energy Partners LP, In re Central Grocers, Inc., In re Colt Holding Company, LLC and In re Suniva, Inc.

He was recognized as New York “Rising Star” for Bankruptcy: Business in 2015, 2016 and 2017, and he participates in a variety of pro bono matters, including immigration law for Kids in Need of Defense (KIND).

Mr. Finizio received his B.B.A. cum laude from George Washington University and his J.D. from St. John’s University School of Law, where he received a CALI Award.

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