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Tools to Navigate the Financial Crisis Related to COVID-19


Level: Intermediate
Runtime: 92 minutes
Recorded Date: April 06, 2020
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Agenda

  • A Business Response to the Economic Impact of COVID-19
  • Prepare and Plan for Uncertainty
  • Contingency Plans
  • Messaging
  • Experts with Impact
  • Overview of the CARES Act
Runtime: 1 hour, 32 minutes
Recorded: April 6, 2020

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Please join our distinguished panel of experts as they decipher the most recent federal bailout programs and developments. The panel will also discuss how best to successfully navigate the liquidity issues arising in the wake of the COVID-19 pandemic.

This program was recorded on April 6th, 2020.

Provided By

American Bankruptcy Institute
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Panelists

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Michael C. Eisenband

Global Co-Leader of Corporate Finance and Restructuring
FTI Consulting

Michael Eisenband is the Global Co-Leader of the FTI Consulting Corporate Finance & Restructuring segment and the leader of Restructuring Services, and is based in New York. With more than 30 years of experience, Mr. Eisenband is renowned nationally as an industry leader in providing restructuring advice to creditors and companies in complex Chapter 11 and out-of-court workout situations. Mr. Eisenband is a member of the firm’s Executive Committee.

Driven by results, Mr. Eisenband specializes in advising diverse constituencies to maximize recoveries and outcomes and brokering agreement among parties with often disparate interests. He has brought his extensive leadership experience to bear across a range of industries, including retail and consumer products, steel, automotive, airlines, financial services and real estate.

Arcapita, Caesars Entertainment, Colt Manufacturing, Edison Mission, Energy Future Holdings, General Motors, Lehman Brothers, NII Holdings and Washington Mutual are among Mr. Eisenband’s recent and notable engagements. A representative list of companies that are part of his broad Chapter 11 and out-of-court restructuring case experience also includes Aloha Airlines, Calpine, Cooper Standard, Dana Automotive, Drake Bakeries, Edison Brothers Stores, FoxMeyer, Grand Union, Interstate Bakeries, KB Toys, Long John Silver’s, McCrory, Montgomery Ward, Northwest Airlines, Regus Business Centers, Penn Traffic, Phar-Mor, Rite Aid, Service Merchandise, Smurfit-Stone, U.S. Airways, and Winn-Dixie.

Prior to his appointment as Global Co-Leader, Mr. Eisenband served as the New York Metro Region Leader and the Leader of the Creditor Advisory practice for the Corporate Finance & Restructuring segment, representing client interests in many of the largest and most complex restructurings and bankruptcies in history. Before that, Mr. Eisenband was a Managing Director and the National Director of Creditor Rights at Ernst & Young Corporate Finance.

Mr. Eisenband holds a B.S. in Accounting from the State University of New York at Buffalo. He is a Certified Public Accountant, a Certified Turnaround Professional and previously held NASD Series 7, 24 and 63 licenses. He is a member of the American Institute of Certified Public Accountants, the Governing Board of the Commercial Finance Association and the Turnaround Management Association-New York Chapter.

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Karol K. Denniston

Partner
Squire Patton Boggs

Karol K. Denniston is a member of the Global Board and an experienced restructuring lawyer. Karol has a strong interest in negotiated restructurings and has been a mediator since 1992. Karol is a member of the firm’s Advancing Women Task Force.

Karol has been working in the distress municipal sector since 2009 and routinely represents cities, special districts, indenture trustees, bondholders, taxpayers and monoline insurers in a variety of municipal restructuring engagements throughout the US. She has represented clients in municipal insolvency proceedings with a focus on negotiating resolutions, including in Puerto Rico PROMESA restructurings for the Government Development Bank and COFINA. The Legal 500 has designated Karol as a municipal restructuring Leading Lawyer.

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Edward J. Newberry

Partner
Squire Patton Boggs

Described by The New York Times as a “King of K Street,” Ed Newberry is the global managing partner of the Public Policy Practice, Investigatory and Regulatory Solutions and is a member of the firm’s Executive Leadership Group.

Trained by the legendary lobbyist Tommy Boggs, Ed is widely recognized as one of the leading lawyer-lobbyists in Washington DC. He is ranked as a Leading Lawyer by The Legal 500, which noted he “is one of the most talented lawyers in Washington,” as well as “an excellent strategic thinker and tactician,” and he has been selected a "Top Lobbyist" by The Hill. POLITICO ranked Ed as a top municipal lobbyist, and his work has been highlighted in mainstream news media, including The Wall Street Journal, The New York Times, the National Journal, Roll Call and others. Forbes wrote of Ed, “For those who truly understand the personalities and skill sets that comprise the ranks of a major law firm, the conclusion is an easy one: Newberry is a doer of deeds.”

Ed is a trusted advisor to a wide range of corporate and sovereign government clients, including among the highest profile and most difficult policy challenges. His current projects include helping the largest technology company in the world address challenges with the US government; assisting one of the largest Korean conglomerates in expanding its business operations in the US; and leading efforts to secure US government approval of the Pebble Mine in Alaska (which contains the largest copper reserves in the world); as well as assisting major sovereign nations in their relations with the US government.

Before assuming his current role as a global managing partner, Ed served as managing partner of Patton Boggs, LLP, and led the firm’s merger with Squire Sanders to create Squire Patton Boggs, LLP, ranked 12th in Law360’s ranking of the Most Global law firms.

Active in a variety of not-for-profit organizations, Ed is a member of the Atlantic Council Board of Directors and a director of the Ogunquit Museum of American Art. He has also served on the George Mason University Board of Visitors, by appointment of Virginia Governor Tim Kaine; served as Vice Chairman of the Kennedy Center Corporate Board; and as a member of the Board of Trustees of the National Building Museum.

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John A. Boehner

Senior Strategic Advisor
Squire Patton Boggs

John Boehner, the 53rd Speaker of the US House of Representatives, serves as a strategic advisor to clients in the US and abroad and focuses on global business development. Speaker Boehner joined the team during the autumn of 2016, making Squire Patton Boggs the only public policy firm in the world with a former US House Speaker and a former US Senate Majority Leader (Senator Trent Lott), with a best-in-class team that includes former Senator John Breaux, Representative Jack Kingston and Rodney Slater, who served as Secretary of Transportation under President Bill Clinton.

Speaker Boehner led the US House from January 2011 to October 2015, a time during which he navigated some of the most difficult legislative challenges of the modern era and forged strong relationships with business and government leaders throughout the world. A former small businessman who entered public service because of his desire to remove barriers to economic growth and private-sector job creation, Speaker Boehner is respected on both sides of the political aisle for his efforts to find common ground on major policy matters without compromising on principle, and for his belief that individuals of competing viewpoints can “disagree, without being disagreeable” to each other.

Also known for his candor, Speaker Boehner provides strategic advice and consulting to clients on all aspects of domestic and international policy, drawing from his decades of experience both in business and at the highest levels of the US government.

Prior to entering public service, Speaker Boehner spent years running a small business representing manufacturers in the packaging and plastics industry. After witnessing first-hand some of the challenges businesses encounter with government, he gradually entered the political arena, driven by a desire to help make government less intrusive and more accountable to the people it serves. He represented the people of Ohio's 8th Congressional District in the US House for nearly 25 years, leading the reform-minded “Gang of Seven” in the early 1990s that closed the scandal-ridden House Bank and forced a series of institutional changes in Congress, including measures requiring the House to be subject to annual independent audits of its financial records.

Speaker Boehner put his small business experience to work for constituents in 1999 by taking over the chairmanship of the House Education and the Workforce Subcommittee on Employer-Employee Relations, the congressional panel with jurisdiction over the Employee Retirement Income Security Act (ERISA) and matters of private-sector health care and retirement security policy. In this role, he crafted and successfully advanced measures dealing with employer-sponsored healthcare, pensions, stock options and other employee benefits.

Speaker Boehner's effectiveness in bridging the gap between government and the private sector on the subcommittee paved the way for him to become chairman of the full House Committee on Education and the Workforce in 2001. During his five years as chairman, Speaker Boehner developed a reputation for bringing Republicans and Democrats together in support of major policy initiatives and solving big legislative puzzles in areas ranging from education policy to pension reform.

Elected by his colleagues as US House Majority Leader in 2006, Speaker Boehner went on to serve as the top Republican leader in the US House for nearly a decade, becoming House Minority Leader following the 2006 elections and leading his party to majority control of the House in 2010, focusing the GOP agenda on economic growth policies and invoking his business roots with the rallying cry "Where are the Jobs?"

When Speaker Boehner took the gavel as Speaker of the US House in January 2011, he became the third-ranking position in the US government, second to the vice presidency in the order of presidential succession. Speaker Boehner dedicated his speakership to removing government barriers to private-sector job creation and addressing the drivers of the nation's massive debt. During his first year as Speaker, he helped guide enactment of implementing legislation for long-sought free trade agreements with Colombia, Panama and South Korea, and also secured enactment of the Budget Control Act, which required major spending reductions and ultimately resulted in the enactment of the first bipartisan entitlement reforms in many years.

Speaker Boehner also forged close alliances with leaders and business and government throughout the world during his time as speaker, hosting global leaders at the US Capitol, leading bipartisan congressional delegations on missions to nearly every continent, and extending the invitation that resulted in Pope Francis becoming the first Pope in history to address a Joint Meeting of the US Congress.

Speaker Boehner joined Squire Patton Boggs in 2016, citing the opportunity “to engage with leaders in business and government throughout the world and help them work through the challenges they face, as part of a world-class team.” In his role as Senior Strategic Advisor, Speaker Boehner continues his mission to “help remove government barriers to economic growth and job creation” while providing high-level strategic advice to the firm’s global clientele.

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Stephen Lerner

Partner
Squire Patton Boggs

Stephen Lerner is global chair of the Squire Patton Boggs Restructuring & Insolvency Practice Group. He has an extensive national and cross-border restructuring practice in which he represents debtors, distressed businesses, committees of unsecured creditors, secured and unsecured creditors, equity interest holders, boards of directors and acquirers of troubled businesses in Chapter 11 reorganization cases, Chapter 15 cross-border cases, Chapter 9 municipal restructurings and out-of-court restructurings throughout the United States, Europe and, most recently, in the United Arab Emirates, South America and India. Stephen is currently advising Blackjewel LLC, Hartshorne Mining Group and Ferrellgas in their complex restructuring efforts and recently completed the restructuring of Dana Gas PJSC, the largest regional private sector natural gas company in the Middle East, which was awarded the Middle East Restructuring of the Year in 2019 by the International Financial Law Review.

Stephen has led the representation of debtors or other leading parties in the Chapter 11 restructurings of AmFin Financial, Blackjewel LLC, Chrysler, EaglePicher, Energy & Exploration Partners, Enron, Ferrellgas, Lehman Brothers, Midway Gold, Optima Specialty Steel, Patriot Coal, Station Casinos, Veris Gold and WorldCom, among many others, and he represented the Court Appointed Expert in the City of Detroit’s historic Chapter 9 case. Stephen recently served as special counsel to the State of New Jersey in the out of court restructuring of Atlantic City and as lead restructuring advisor to Dana Gas PJSC, the largest independent gas company in the Middle East, in its US$700 million Islamic financing restructuring.

Stephen also led Squire Patton Boggs’ representation of the American College of Bankruptcy in filing an amicus brief with the United States Supreme Court in the significant Stern related case of Executive Benefits Insurance Agency v. Peter H. Arkison, Trustee of the Estate of Bellingham Insurance Agency, Inc.

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Brian Kennedy

Senior Managing Director, Head of Americas Strategic Communications
FTI Consulting

Brian Kennedy is a Senior Managing Director and serves as Head of the Americas for the firm’s Strategic Communications division, overseeing nearly 250 multi-disciplinary communications professionals across 18 geographies in Canada, the U.S., and Latin America.

With more than 20 years of experience managing high-profile strategic communications matters, Mr. Kennedy is best known for his expertise in crisis management, when clients are faced with complex communications challenges associated with operational and environmental incidents, transactions, shareholder activism, major litigation, Congressional and Federal government investigations, product recalls, fraud, and other threats to reputation and enterprise value. His current and former clients include numerous Fortune 100 energy, industrial, chemical, manufacturing and retail companies.

Prior to his tenure leading the Americas, Mr. Kennedy led the Energy & Natural Resources practice, which he started when he joined the firm in 2009 and grew to become the largest strategic communications practice of its kind in the Americas. Notably, during that time, he served as chief spokesman and communications strategist for the global offshore drilling contractor, Transocean, during the BP Macondo spill in the Gulf of Mexico in 2010 and the multidistrict litigation in federal court that followed.

Before joining FTI Consulting, Mr. Kennedy served in a number of senior staff positions on Capitol Hill, including Press Secretary for then-Minority Leader John A. Boehner (R-OH) and Deputy Chief of Staff and Director of Communications for the House Committee on Resources. He received the M&A Advisor’s“40 Under 40” Award in 2013 and was also recognized by National Journal Magazine as one of Washington’s 20 “New Power Players” in 2012.

Brian holds a B.A. in Political Science from the College of the Holy Cross.


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