35th Annual National CLE Conference® - Bankruptcy
January 2018
35th Annual National CLE & Ski Conference
It's BACK IN VAIL!
Top 10 Reasons for You to Go to the National CLE Conference!
10. 35 Years of outstanding CLE in a world-class destination
9. Learning from top practitioners from around the country
8. Networking with lawyers from throughout the U.S. (and internationally)
7. More than 16 CLE credits in only 5 days
6.Great for firm team building
5. Vail mountain is the 3rd largest ski mountain in North American and the 2nd largest in the U.S., with almost 200 trails, and 31 lifts
4. Discount lodging and lift tickets
3. Skiing, snowboarding, snowmobile tours, snowshoe tours, dog sled rides, sleigh rides, ice skating, Ski tubing, luxury bowling, ice climbing, hot tubs, spas, shopping, restaurants, relaxing… And a convenient conference schedule so you can do as much, or as little as you like!
2. Some of the top restaurants in the region featuring casual comfort food to specialty foods to fine dining
1. YOU EARNED IT! Reward yourself and start the year off right!
Top-Notch Legal Education – 9 Substantive Areas of the Law Plus Law Practice Management Sessions
All presentations are live, and feature some of the best lawyers, judges and experts from throughout the country. Our early morning and late afternoon schedule provides 16-19 hours of continuing legal education credit per program while at the same time allowing you ample time to enjoy this world-class resort.
Network with Other Lawyers
Breakfast and après ski are more than just meals. They provide you an opportunity to meet and network with outstanding lawyers from across the country. Make new contacts and new friends!
Savings
We expect to bring over 400 participants to Vail, including lawyers, spouses, children and guests. The result is a significant savings for you on rooms, transportation, ski lift tickets, equipment rentals, and more.
About the Law Education Institute:
The Law Education Institute was established in 1980 by Attorneys James J. Podell and Peggy L. Podell for the purpose of presenting outstanding continuing legal education programs. Long active in Bar activities, Jim and Peggy developed the National CLE Conference® into one of the preeminent programs in the country.
Their insistence on high quality speakers and programming has resulted in ABA sections and numerous State Bar and other associations co-sponsoring the programs. It is in the memory of Jim Podell that Colorado Bar Association CLE continues the tradition of this Conference.
The Very Best Legal Education…
- Top-notch speakers – among the best lawyers in the country
- Cutting-edge topics
- Opportunities for open discussions
- Outstanding resort location
9 Substantive Areas of Law to Choose From…
- Bankruptcy
- Business and Taxation
- Civil Litigation
- Employee Benefits
- Environmental Law, Land Use, Energy and Litigation
- Family
- Health
- Intellectual Property
- Labor & Employment
PLUS, a complete law practice management session is back again this year by popular demand!
Testimonials
- First Time Attendee. Excellent Program. Great Schedule. Great Program!
- Long-time Attendee…so glad to be back in Vail!
- Excellent quality of information.
- I love this Conference!
- The conference brings together the best speakers and industry leaders from across the nation in a variety of fields. I walked away with both valuable insights from my colleagues as well as numerous new professional contacts...
- This is the best CLE available. Thanks for doing such a great job with this conference.
- The interactive component is fantastic. Love the amount of experience the speakers bring to this conference.
- Good overall subject matter; timely topics ... plus skiing!!
- The quality and caliber of presentations were definitely top notch.
- I appreciated the opportunity to hear from an expert in my field in the classroom, but the bonus was spending a day skiing with that same expert - quality networking doesn't get much better than that!
Please book your room by December 12, 2017. All reservations require a credit card. Reservations made after December 12th will be at the hotel's current rate available.
Cancellations:
Cancellations by December 27, 2018 will receive a full refund of tuition paid. After December 27, 2018 no refunds will be issued, but substitutions are welcome.
Special Thanks to Our 2018 Sponsors!
Platinum Sponsor
How to MANAGE a Small Law Firm
Gold Sponsor
Young Conaway Stargatt & Taylor, LLP
Silver Sponsors
AB Court Reporting & Video, Inc.
First Indemnity Insurance Group
LIV Sotheby's International RealtyCo-Sponsors
ABA General Practice, Solo and Small Firm Division
ABA Section of Intellectual Property Law
ABA Tort Trial and Insurance Practice Section
International Trademark Association
Nebraska State Bar Association
35th Annual National CLE & Ski Conference
January 3-7, 2018, Vail Mountain Marriott Resort
Program Agenda:
Bankruptcy
Program Chair:
Paul G. Swanson, Steinhilber Swanson, LLP, Oshkosh, WI, Past President - National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin
The Bankruptcy Program for the Law Education Institute is presented in a unique format. The expert panels have a depth of knowledge unsurpassed on the topics that they address. The presentation is in small groups and is very interactive, with many, if not most, of the speakers attending all of the sessions and interacting with panels. Participants are encouraged to join in the discussion, which provides for an educational experience unique to the Law Education Institute.
Wednesday, January 3, 2018
3:00 – 7:00 p.m.
Registration
4:30 – 5:30 p.m.
Exemptions - Whether you represent debtors or creditors, you need to understand the intricacies and strategies involved in exemptions and exemption planning. The panel will discuss developments in the law since Law v. Siegal/other oddities in exemptions.
Ronald R. Peterson, Jenner & Block, Chicago, IL; Director and past Vice President – National Association of Bankruptcy Trustees
Paul G. Swanson, Steinhilber Swanson, LLP, Oshkosh, WI, Past President - National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin
Neil C. Gordon, Arnall Golden Gregory, LLP, Atlanta, GA; Past President – National Association of Bankruptcy Trustees
5:30 – 6:30 p.m.
Student Loan Crisis — Student loan debt has now eclipsed credit card debt in the United States. A record number of defaults are occurring, much of which are not dischargeable in bankruptcy. The
panel will discuss strategies related to discharging student loans and administration remedies available to tapped out borrowers.
Paul G. Swanson, Steinhilber Swanson, LLP, Oshkosh, WI, Past President - National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin
Ted Gavin, IV, CTP, Gavin/Solmonese LLC, Wilmington, DE; President-Elect, American Bankruptcy Institute
Shelly DeRousse, Freeborn & Peters, LLP, Chicago, IL; President, Women’s Bar Foundation of Illinois
Thursday, January 4, 2018
7:00 – 8:00 a.m.
Third Party Injunctions Under Section 105 — Do courts have the authority to craft remedies out of whole cloth, or are there some limits to the “equitable” powers of the Bankruptcy Code under Section
105? What are the limits to these powers and when is the exercise of them appropriate?
David K. Welch, Crane, Heyman, Simon, Welch & Clar, Chicago, IL; former Chair - Chicago Bar Association Committee on Bankruptcy and Reorganization
David M. Neff, Perkins Coie LLP, Chicago, IL; Past Chair-Chicago Bar Association, Bankruptcies and Reorganization Committee
James T. Markus, Markus Williams Young & Zimmermann LLC, Denver, CO; Past President – American Bankruptcy Institute
8:00 – 9:00 a.m.
Substantive Consolidation of Multi-Entity Chapter 11 Debtors
Frequently, debtors have inter-related business entities, all of which are in financial distress. What are strategies to accomplish or defeat such consolidations (depending on your point of view)?
Michael P. Richman, Hunton & Williams LLP, New York, NY; Past President, American Bankruptcy Institute; Past Co-Chair, Section 363 Subcommittee of ABI Chapter 11 Reform Commission; annual Bankruptcy law practice recognition by Super Lawyers
David K. Welch, Crane, Heyman, Simon, Welch & Clar, Chicago, IL; former Chair - Chicago Bar Association Committee on Bankruptcy and Reorganization
Robert Fishman, Shaw Fishman Glantz & Towbin, LLC, Chicago, IL, and Wilmington, DE; Past President – American Bankruptcy Institute
4:30- 6:30 p.m.
Plenary Session - More Fun with Ethics at the Movies
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT
6:30 p.m.
Wine Reception
Friday, January 5, 2018
8:00 – 9:00 a.m.
Oil and Gas Insolvencies — First, the oil price fell into the cellar. Then, Hurricane Harvey descends on the oil patch. What will the landscape look like in the immediate future and is this a growth area for
Bankruptcy professionals?
Jason S. Brookner, Gray, Reed & McGraw LLP, Dallas, TX; Former Chair - Dallas Bar Association, Bankruptcy and Commercial Law Section
James T. Markus, Markus Williams Young & Zimmermann LLC, Denver, CO; Past President – American Bankruptcy Institute
F. Robert Tiddens, Managing Director, Leaf River Resources Holdings LLC, Denver, CO
9:00 – 10:00 a.m.
Effective Litigation Skills — Bankruptcy Courts are not the same friendly, informal forums they were 20 years ago. Any practitioner doing trial work must have the skill to qualify experts and effectively use their testimony in a Bankruptcy trial.
Melanie K. Sharp, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE
Michael P. Richman, Hunton & Williams LLP, New York, NY; Past President, American Bankruptcy Institute; Past Co-Chair, Section 363 Subcommittee of ABI Chapter 11 Reform Commission; annual Bankruptcy law practice recognition by Super Lawyers
Brian Shaw, Shaw Fishman Glantz & Towbin LLC, Chicago, IL; Past President - American Bankruptcy Institute, Fellow of the American College of Bankruptcy and Past Chair, Chicago Bar Association
Bankruptcy and Reorganization Section
David K. Welch, Crane, Heyman, Simon, Welch & Clar, Chicago, IL; former Chair - Chicago Bar Association Committee on Bankruptcy and Reorganization
4:30 – 5:30 p.m.
Case Law Updates — Consumer Track. Cases of interest over the last year to keep you up to date and developments in the law in your jurisdiction.
Neil C. Gordon, Arnall Golden Gregory, LLP, Atlanta, GA; Past President – National Association of Bankruptcy Trustees
Claire Ann Resop, Steinhilber Swanson LLP, Madison, WI; Former Board Member – ABI; Past Chair – State Bar of Wisconsin, Bankruptcy Section
5:30 – 6:30 p.m.
Case Law Updates — Business Track. Cases of interest over the lastyear to keep you up to date and developments in the law in your jurisdiction.
Neil C. Gordon, Arnall Golden Gregory, LLP, Atlanta, GA; Past President – National Association of Bankruptcy Trustees
Shelly DeRousse, Freeborn & Peters, LLP, Chicago, IL; President, Women’s Bar Foundation of Illinois
Brian Shaw, Shaw Fishman Glantz & Towbin LLC, Chicago, IL; Past President - American Bankruptcy Institute, Fellow of the American College of Bankruptcy and Past Chair, Chicago Bar Association Bankruptcy and Reorganization Section
Saturday, January 6, 2018
7:00 –8:00 a.m.
The Current Status of Section 363 — Courts continue to examine the limits of sales under the Bankruptcy Code. You need to be aware of current developments in bidding strategies/loan to own/credit bidding.
Jason S. Brookner, Gray, Reed & McGraw LLP, Dallas, TX; Former Chair - Dallas Bar Association, Bankruptcy and Commercial Law Section
David M. Neff, Perkins Coie LLP, Chicago, IL; Past Chair-Chicago Bar Association, Bankruptcies and Reorganization Committee
James T. Markus, Markus Williams Young & Zimmermann LLC, Denver, CO; Past President – American Bankruptcy Institute
8:00 – 9:00 a.m.
What is the Office of the United States Trustee Up To?
With case filings at an all-time low, and an apparent excess of capacity, the United States Trustee is taking a more active role in more areas of the practice. The panel will discuss Chapter 7 Trustee election issues as well as strategies in the defense of Section 727 Objections to Discharge frequently brought by the United States Trustee.
Shelly DeRousse, Freeborn & Peters, LLP, Chicago, IL; President, Women’s Bar Foundation of Illinois
Ted Gavin, IV, CTP, Gavin/Solmonese LLC, Wilmington, DE; President-Elect, American Bankruptcy Institute
Paul G. Swanson, Steinhilber Swanson, LLP, Oshkosh, WI, Past President - National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin
4:30 - 5:30 p.m.
The Effective Use of Claims Objections in Consumer and Business Cases
Frequently, claims are filed which are unenforceable, invalid or otherwise improper. The panel will discuss strategies and basis for the objections to claims in both business and consumer cases.
Brian Shaw, Shaw Fishman Glantz & Towbin LLC, Chicago, IL; Past President - American Bankruptcy Institute, Fellow of the American College of Bankruptcy and Past Chair, Chicago Bar Association
Bankruptcy and Reorganization Section
Claire Ann Resop, Steinhilber Swanson LLP, Madison, WI; Former Board Member – ABI; Past Chair – State Bar of Wisconsin, Bankruptcy Section
5:30 – 6:30 p.m.
Asset Protection Trusts — Benefits and Pitfalls.
Is it appropriate and defensible to engage in pre-Bankruptcy planning through asset protection trusts? The panel will examine the pitfalls and benefits of engaging in such strategies.
Ronald R. Peterson, Jenner & Block, Chicago, IL; Director and past Vice President – National Association of Bankruptcy Trustees
Robert Fishman, Shaw Fishman Glantz & Towbin, LLC, Chicago, IL, and Wilmington, DE; Past President – American Bankruptcy Institute
Sunday, January 7, 2018
Plenary Sessions
7:00 – 8:00 a.m.
The Ethical Boundaries of Adversary Investigations
- Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
- Investigative Techniques Generally, and Use of Private Investigators, Specifically
- Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
- Potential Penalties and Consequences for Violations
- Case Analyses and Hypotheticals
Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY. Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples
8:00 – 9:00 a.m.
Ethical Considerations Regarding Collection and Admission of Social Media Evidence
What was once a thought or a spoken word is now memorialized as tangible evidence. A running journal of an individual's activities, thoughts, and movements is a potential treasure trove of evidence not to be ignored. Improper collection can lead to spoliation and/or preclusion of evidence. Gregory MacFarlane, JD, E-Discovery Specialist, Thomson Reuters/Pangea3, New York, NY will discuss the case law (state & federal), FRCP, Rules of Evidence (801, 901, & 902), ABA Model Rules (401 & 804), and bar opinions surrounding preservation of evidence, best practices for collection, rules of evidence and how to lay a proper for admission of this evidence. These winning strategies will lower the cost of litigation and improve work product.
Presented by Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY
Location Information
Vail Marriott Mountain Resort
715 West Lionshead Circle
Vail, CO 81657
Get directions
715 West Lionshead Circle
Vail, CO 81657
Registration Fees
| Before December 22 | $699.00 |
| CBA Member - By December 22 | $679.00 |
| CLEACCESSPASS---ELITE Pass Holder | $499.00 |
| New Lawyers (in practice 5 years or less) | $499.00 |
| New Lawyer Edge Partner | $349.50 |
- General Credits: 19.00
- Ethics Credits: 1.20
- EDI Credits:
To join the CBA or add a Section to your membership click