Northwest Cross-Border. Conference. September 8-10, 2011 Portland, Oregon

Transcription

1 T M A T W E L F T H A N N U A L Northwest Cross-Border Conference September 8-10, 2011 Portland, Oregon P R E S E N T E D B Y T H E N O R T H W E S T C H A P T E R O F T M A The Heathman Portland, Oregon

2 A G E N D A 2 Thursday, September 8, :00 7:00 p.m. Early Registration 7:00 9:00 p.m. Opening Cocktail Reception The Heathman Hotel - Fremont/Morrison/Hawthorne Rooms Friday, September 9, :30 8:30 a.m. Breakfast Buffet The Heathman Hotel - Fremont/Morrison/Hawthorne Rooms Educational Program The Heathman Hotel Broadway Room 8:30 8:45 a.m. Welcome and Program Introduction Welcome: Katy Samiljan, President Northwest Chapter of TMA, Partner, Bush, Strout & Kornfeld LLP Program Introduction: Dan Boverman, Conference Chair, Principal, Boverman & Associates, LLC 8:45 10:15 a.m. Reorganizing Companies with Mass Tort Liability Moderator: Susan S. Ford, Partner, Sussman Shank LLP Panelists: David A. Foraker, Partner, Greene & Markley, P.C.; Robert B. Millner, Partner, SNR Denton U.S. LLP; James I. Stang, Partner, Pachulski Stang Ziehl & Jones LLP; Thomas W. Stilley, Partner, Sussman Shank LLP 10:15 10:30 a.m. Coffee Break 10:30 11:45 a.m. Asset Sale Developments in Canada and the U.S. Section 36 CCAA, Assignments for the Benefit of Creditors, Section 363 Sales and Chapter 11 Liquidations Moderator: Benjamin La Borie, Heenan Blaikie LLP Panelists: James L. Day, Partner, Bush Strout & Kornfeld LLP; Kibben Jackson, Partner, Fasken Martineau DuMoulin LLP; Miles Stover, Founder and President, Turnaround, Inc. 11:45 a.m. 1:00 p.m. Lunch The Heathman Hotel - Fremont/Morrison/Hawthorne Rooms 1:00 2:00 p.m. FDIC Insight Loss Share Decision Making and Workout Issues and Other Regulatory Matters Impacting the Lending Environment Moderator: Gregory R. Fox, Shareholder, Lane Powell PC Panelists: Jeanne F. McBride, Regional Manager - San Francisco, Division of Resolutions and Receiverships, FDIC; Andrew H. Ognall, Shareholder, Lane Powell PC; Robert Wojcik, Executive Vice President and Asset Resolution Team Manager, Umpqua Bank 2:00 3:00 p.m. Lending Officers Roundup - How Decisions are Made: What is the Same and What has Changed? Moderator: Daniel E. Burd, Vice President and Loan Team Manager, Wells Fargo Bank Panelists: Robert C. Alexander, Senior Vice President, U.S. Bank; John P. Freeman, Senior Vice President, Northwest Region, JPMorgan Chase Bank; Keith D. Palesh, Regional Manager, Executive Vice President, Wells Fargo Capital Finance; Michael Williams, Executive Vice President & Chief Credit Officer, Northwest Bank 3:00 3:15 p.m. Break 3:15 4:15 p.m. Lessons Learned from Successful Turnarounds Requirements and Risks Moderator: Michael T. Newsome, Principal, Zachary Scott Panelists: Pam K. Boparai, Senior Director, Alvarez & Marsal; Jim Chapman, President and General Manager, Legend Homes Corporation; Robert J. Vanden Bos, Partner, Vanden Bos & Chapman, LLP; Kenneth L. Fish, Vice President, Business Development, Nautilus Inc. Cases: Angiotech Pharmaceuticals, Inc.; Legend Homes Corporation; Teufel Nursery; Nautilus Inc. 4:15 5:15 p.m. Best Practices in Liquidation Maximizing Values and Minimizing Costs Moderator: John Casey Mills, Partner, Miller Nash LLP Panelists: Michael J. Gearin, Partner, K&L Gates LLP; Deryck Helkaa, Senior Vice President, Ernst & Young Inc.; Edward Hostmann, Founder, Edward Hostmann, Inc.; Andrew Wilson, Principal, Lamonti Ventures, LLC Cases: Coast Crane Co.; WellPoint Systems Inc.; North Pacific Group; Fredrick Darrin Berg 6:30 10:00 p.m. Gala Cocktail Reception & Dinner The University Club Main Dining Room Saturday, September 10, :30 9:00 a.m. Breakfast Buffet The Heathman Hotel - Freemont/Morrison/Hawthorne Rooms 9:45 a.m. 4:00 p.m. Golf Outing at Langdon Farms Golf Club Please gather in the Heathman lobby at 8:45 a.m. to board transportation, tee times will begin at 10:00 a.m. 10:00 a.m. 4:00 p.m. Willamette Valley Winery Tour with Grape Escapes, touring & tastings at three of Oregon s finest wineries Please gather in the Heathman lobby at 9:30 a.m. to board transportation. 6:00 p.m. Reception and Dinner The Heathman Hotel Freemont/Morrison/Hawthorne Rooms Menu selected by Philippe Boulot, winner of the James Beard Best Chef of the Pacific Northwest Award Sunday, September 11, 2011 Checkout and departure

3 M O D E R ATO R S & PA N E L I ST S Robert C. Alexander, Senior Vice President, U.S. Bank Bob Alexander is a Senior Vice President for U.S. Bank Asset Based Finance, working as both a senior underwriter and relationship manager for West Coast accounts. Mr. Alexander has been with the ABF group for over 11 years, starting as their only officer in the west. The western group has since expanded to 5 business development officers and 6 others in portfolio management. Nationally, the ABF group is one of the most rapidly growing business units for U.S. Bank, with total commitments of just under $6 billion. Mr. Alexander has a career in commercial finance of close to 30 years, having previously worked for LaSalle Business Credit, Coast Business Credit, PacifiCorp Financial Services and the United States National Bank of Oregon. He has been a member of the Turnaround Management Association since 2001 and has served on the board of the Northwest Chapter. Bob is a native Oregonian and a graduate with an English degree from the University of Oregon. Pam K. Boparai, Senior Director, Alvarez & Marsal Pam Boparai is a Senior Director with Alvarez & Marsal Canada, ULC in Vancouver, British Columbia. Ms. Boparai joined A&M in She has developed experience in restructuring matters over the past 10 years, including involvement in formal restructuring appointments in Canada, such as Monitor under the Companies Creditors Arrangement Act (CCAA) and various appointments under the Bankruptcy and Insolvency Act (Canada) as Trustee, Receiver and Interim Receiver. She has advised corporate stakeholders, including secured creditors, equity holders and government agencies, in distressed and crisis management circumstances. Over the years, Ms. Boparai has gained in-depth experience in interim and crisis management working on a number of cases, both out-of-court and Courtsupervised, where operations and financial performance were closely monitored while restructuring alternatives were pursued and considered until such time the business was refinanced, rationalized or sold as a going concern. She also has extensive experience working on business viability assessments, involving security position reviews and evaluating business plans and related financial forecasts. Ms. Boparai s primary industry experience involves forestry, pulp and paper and other natural resource and energy businesses, having acted as Monitor in a number of CCAA proceedings of companies in these sectors. In addition, she has assisted clients across a range of other industries, including financial services, construction and real estate, manufacturing, aerospace, power generation and retail. Ms. Boparai was a senior member of the teams engaged as the Monitor in the CCAA proceedings of Angiotech Pharmaceuticals, Inc., A&B Sound Ltd. and Doman Industries Ltd. (predecessor to Western Forest Products Ltd.) Ms. Boparai also acted as a Monitor in the CCAA proceedings relating to Impax Energy Services Trust, a service provider in the oil and gas industry, and Redcorp Ventures Ltd., an exploration and development company in the mining industry. Prior to joining A&M, Ms. Boparai was an Associate Partner with KPMG LLP in Vancouver, Canada. Ms. Boparai was granted a bachelor's degree (with Honors) in Commerce from the University of British Columbia and holds professional designations as a Chartered Accountant, Chartered Financial Analyst, Chartered Insolvency and Restructuring Professional and a Canadian Trustee in Bankruptcy. Ms. Boparai was a director (and past President) of the Northwest Chapter of the Turnaround Management Association from 2006 to Daniel J. Boverman, Boverman & Associates (Conference Chair) Dan Boverman is a Director, Second Vice President and Treasurer of the TMA Northwest Chapter and Conference Chair for the 2011 Cross Border conference. In 2009 he founded Boverman & Associates, LLC to focus his restructuring & turnaround practice in the Pacific Northwest after many years practicing nationally with Huron Consulting Group and Glass & Associates, Inc. Prior to focusing on turnarounds he was Chief Financial Officer of several successful companies including Enzymatic Therapy, Inc. He began his career with Arthur Andersen & Co. and then spent over ten years in investment banking and private equity investing as CFO of TXL Capital Group, President of TXL Securities Corporation and Principal in Genstar Capital Partners, where he led or was involved in numerous mergers, acquisitions and debt and equity financings and creation of substantial value. Mr. Boverman is a Certified Public Accountant (Inactive / California), a Certified Turnaround Professional, and a member of the Association for Corporate Growth and the Oregon Entrepreneurs Network. Mr. Boverman holds a B.S. in Business Administration from the University of California, Berkeley, Daniel E. Burd, Vice President and Loan Team Manager, Wells Fargo Bank Daniel E. Burd s position within Wells Fargo Banks s Loan Adjustment Group entails supporting wholesale banking's commercial lending function by providing advice and technical expertise regarding workout of problem loans. His primary responsibilities include: restructuring and renegotiating credits with customers; performing financial-legal risk evaluations of credits; reviewing strategies and payment structures formulated by lower level adjusters; formulating litigation strategy; interfacing with both in-house and outside legal counsel during litigation when necessary; and providing training and guidance to less experienced relationship managers. Jim Chapman, President and General Manager, Legend Homes Corporation With over 35 years of experience in home building, Jim Chapman has been President of Legend Homes since He has been a member of the Oregon Home Builders Association (OHBA) Board of Directors since 1998 and was one of the Directors of the National Association of Home Builders (NAHB) from 1998 to Mr. Chapman has also served on the Construction Industry Crime Prevention Program s Board of Directors since In 2007, he served as Chair of the Land Use and Taxation Committee for the Oregon Home Builders Association. Mr. Chapman has served on two task forces established by Governor Kitzhaber and was a founding Board Member of the Tri-County Building Industry Services Board and the Metropolitan Codes Consolidation Task Force. He is also a charter sponsor of the Oregon Streamlining Effort through the National Conference of States on Building Codes and Standards. Mr. Chapman also serves on Earth Advantage s Board of Directors and will so until Jim Chapman was President of the Home Builders Association of Metropolitan Portland (HBAMP) in 2005 and President of the Oregon Home Builders Association in In addition, the HBA and the Oregon Building Industry Association named Mr. Chapman the 2001 Oregon Builder of the Year. In 2005 and 2007 the HBAMP also named him Builder of the Year. James L. Day, Partner, Bush Strout & Kornfeld LLP Jim Day is a partner in the Seattle law firm of Bush Strout & Kornfeld LLP and specializes in the resolution of complex commercial creditor and debtor issues, with an emphasis on the representation of companies in Chapter 11 reorganizations and out-of-court workout negotiations and agreements. Much of his time since 2007 has been spent in workout activities in the residential and commercial real estate sector, including multiple engagements involving a dozen or more lenders holding claims aggregating over $100 million. He also has significant experience representing clients in a variety of other industries, including manufacturing, high tech and internet-based entities, fishing and maritime, telecom, and franchised restaurants. He is AV-rated by Martindale-Hubbell and has been named a Super Lawyer by Washington Law & Politics each year since Mr. Day is a graduate of the University of Washington continued 3

4 M O D E R ATO R S & PA N E L I ST S James L. Day, continued School of Law, and previously served as law clerk to the Honorable Sidney C. Volinn, U.S. Bankruptcy Court, Western District of Washington, on both trial matters and appeals before the Bankruptcy Appellate Panel of the Ninth Circuit. He is admitted to practice in the Eastern and Western Districts of Washington, and before the Ninth Circuit Court of Appeals. Kenneth L. Fish, VP Business Development, Nautilus Inc. Mr. Kenneth L. Fish, currently serves as Vice President Business Development and served as the Chief Financial Officer of Nautilus Inc. from November 11, 2008 until March 31st Mr. Fish served as Chief Administrative Officer, Vice President and General Manager of Commercial at Nautilus Inc. since April He served as Senior Vice President and General Manager of Nautilus Inc. since December 3, Mr. Fish served as Vice President of Global finance at Nautilus Inc. Mr. Fish joined Nautilus Inc. in 2005 and served as General Manager of Strength Business, Vice President of Financial Analysis and Corporate Controller. He has more than 30 years of senior level finance and operations experience. He served as Vice President of Finance for wind generation company Vestas Wind Systems from 2003 to 2005 and Asia-Pacific Finance Director for NACCO Materials Handling Group from 1977 to He is Certified as a Management Accountant. Mr. Fish holds a Business Administration Degree from Oregon State University. David A. Foraker, Partner, Greene & Markley, P.C. David Foraker handles commercial clients complex bankruptcy and business reorganization matters as well as business transactional matters. His bankruptcyrelated clients include debtors, secured creditors, key vendors, asset purchasers and bankruptcy trustees, and he is frequently employed by committees of creditors in major Chapter 11 reorganization cases. His recent engagements include court appointments in the Chapter 11 cases concerning the Roman Catholic Archdiocese of Portland (the Future Claimants Representative for unknown and minor child abuse victims) and the Oregon Rose Garden (the Examiner). Mr. Foraker has been a featured lecturer at various seminars on topics relating to debtor/creditor relations and bankruptcy. Oregon State Bar (cosponsored by Debtor-Creditor Section) Seminar, 2005; Oregon State Bar Debtor- Creditor Section Annual Meetings, 1984, 1988 and 2004; Northwest Bankruptcy Institute Annual Meeting, 1992; Oregon Trial Lawyers Association Seminar, 1987; Turnaround Management Association, Northwest Chapter Meeting, Mr. Foraker is a member of the Oregon State Bar Association, American Bar Association, American Bankruptcy Institute, and Turnaround Management Association, Northwest Chapter. He is the author of Marital Dissolution and the Consequences of Bankruptcy, Oregon State Bar Family Law Newsletter, Vol. VI, Nos. 1 and 2, 1986; and Co-author of Foreclosure of Real Property as a Fraudulent Conveyance Under Section 548 of the Bankruptcy Code: The Rebirth of Durrett in the Ninth Circuit, Oregon State Bar Debtor-Creditor Newsletter, Vol. V, No. 1, He also was a contributing author of the Bankruptcy Law Handbook, Continuing Legal Education, Oregon State Bar, He currently is the Editor of the Oregon State Bar Debtor-Creditor Newsletter. Mr. Foraker holds a B.S., summa cum laude, from St. Cloud State University, 1978; and a J.D., from the University of Oregon, Susan S.Ford, Partner, Sussman Shank LLP Susan Ford chairs Sussman Shak LLP s Business Litigation Group, is a member of the Bankruptcy and Creditors Rights Department, and the Banking and Finance Group. She represents clients on a national level in multiple bankruptcy 4 jurisdictions and focuses on business litigation, both within and outside a bankruptcy context, in state and federal courts. Ms. Ford s recent cases include representation of the Archdiocese of Portland in its precedent-setting Chapter 11, which resulted in a confirmed plan of reorganization, and Multnomah County, Oregon in the Delta and Northwest Airlines bankruptcy cases. She frequently represents clients across the country in Chapter 11 cases including secured and unsecured creditors in the following cases: Montgomery Ward, Regal Cinemas, TWA, Budget Rent-A-Car, MCI World Com, K-Mart, Mainland Marketing and Rocky Mountain Forest Products. Ms. Ford is admitted to practice in Oregon and Washington, the U.S. District Courts for the District of Oregon, Western District of Washington, Eastern District of Washington and the Ninth Circuit Court of Appeals. Honors/Awards: Preeminent AV, peer review rated by Martindale-Hubbell. Selected for inclusion in the 2011 edition of The Best Lawyers in America in the practice area of Bankruptcy and Creditor-Debtor Rights Law. Ms. Ford holds a B.A, Lewis and Clark College; and J.D., cum laude, Northwestern School of Law at Lewis and Clark College. Gregory R. Fox, Shareholder, Lane Powell PC Greg Fox focuses his practice in the commercial finance and financial institutions industries, with an emphasis on loan documentation, loan restructuring and enforcement, and commercial litigation matters. His transactional work includes the negotiation and documentation of secured loans, Article 2A commercial leases, lease portfolio financing, seller financed transactions, and loan restructurings. Mr. Fox s financial services litigation involves the enforcement of creditors rights and remedies, including loan foreclosures, receiverships, prejudgment remedies, bankruptcy representation, and the defense of lender liability claims. In the course of his practice, Mr. Fox frequently provides guidance on matters involving the Bankruptcy Code and Articles 2, 2A, and 9 of the Uniform Commercial Code. Mr. Fox holds a J.D., cum laude, Willamette University College of Law, 2000; and B.A., Politics and Government, University of Puget Sound, John P. Freeman, Senior Vice President, Northwest Region, JPMorgan Chase Bank John Freeman is Senior Vice President of Chase Business Credit Pacific Northwest & Western Canada. He provides financial solutions to Chase Commercial Bank clients with revenues ranging between $40 million and $10 billion. Mr. Freeman has 17 years of banking experience, of which the last 9 have been with Chase and its predecessor organizations. In March of 2007 Mr. Freeman founded the CBC Vancouver & Seattle offices. Prior to moving to the Pacific Northwest, from Chicago, he served in various capacities within JPMorgan Chase including CBC Portfolio Management, CBC Underwriting, and the JPMorgan Restructuring Group. As an active member of the community, Mr. Freeman serves on the board of the Northwest Chapter of the Turnaround Management Association. He is also an active member of the Association for Corporate Growth and the Juvenile Diabetes Research Foundation. Mr. Freeman is an Alumni of DePaul University in Chicago. Michael J. Gearin, Partner, K&L Gates LLP Mr. Gearin's practice concentrates on insolvency, workouts and reorganization bankruptcy law, and has substantial experience in real estate workouts and bankruptcies. He has represented debtors, creditors' committees, secured creditors, purchasers, and trustees in Chapter 11 cases, including representation of parties in some of the largest bankruptcies in the Pacific Northwest. He has represented secured creditors, purchasers and receivers in state law receivership proceedings.

5 M O D E R ATO R S & PA N E L I ST S Mr. Gearin is a past chair of the Seattle-King County Bar Association Bankruptcy Section, and has been a frequent speaker at professional seminars on bankruptcy reform and other bankruptcy issues. Mr. Gearin holds a J.D., University of Washington School of Law, 1991, (Extern, Hon. Sidney C. Volinn, Bankruptcy Appellate Panel for the Ninth Circuit, 1991, University of Notre Dame Law Review ); B.S., University of Washington, 1986; B.A., University of Notre Dame, Deryck Helkaa, Partner and Senior Vice President, Ernst & Young Inc., Calgary Deryck is a Partner and Senior Vice President of Ernst & Young s Transaction Advisory Services Practice providing restructuring advisory and insolvency services to businesses in financial difficulty. He is primarily involved in turnaround advisory, viability assessments, CCAA proceedings, business reviews, receiverships and other formal insolvency filings. He is a Chartered Accountant, a licensed Trustee in Bankruptcy and a chartered insolvency and restructuring professional. Mr. Helkaa has more than 14 years of experience advising debtors, creditors and other stakeholders on Canadian and cross-border restructuring matters in a variety of industries including energy, oil field services, manufacturing and real estate. Mr. Helkaa s major assignments have included Wellpoint Systems Inc., Act, the Sem Energy Group, Action Energy and Calpine Canada. He is a member of the Canadian Association of Insolvency & Restructuring Practitioners, and serves as on the Board of Directors of the Northwest Chapter of the Turnaround Management Association. Edward Hostmann, Founder, Edward Hostmann, Inc. Edward Hostmann founded EHI in 1991 to provide consulting services to companies in financial distress. Hostmann has represented debtors and creditors in and out of bankruptcy, and, since 1996, has focused his practice on representing financial institutions that face the prospect of losses on loans. Mr. Hostmann s consulting success demonstrates that having expertise in crisis management is much more important than having business experience in a particular industry. In a crisis, what counts is making the correct assessment, establishing strategic priorities and taking quick, decisive action. In his consulting practice, Hostmann has held positions as president, vice president, chief financial officer and general manager for companies in a variety of industries. In addition, Hostmann has been a Chapter 7 panel trustee. Mr. Hostmann s experience includes assignments involving national and regional companies in a very wide range of industries, including retail, yacht building, consumer electronics, manufacturing, ship repair/drydock, horse racing, trucking, agriculture, movie theaters, distribution and others. He is a member of the Turnaround Management Association, an organization for professionals involved in the management of corporate turnarounds. Kibben Jackson, Partner, Fasken Martineau DuMoulin LLP Kibben Jackson is a partner in the Litigation and Dispute Resolution Group. His practice is in general corporate and commercial litigation with a focus on insolvency, corporate restructurings and secured creditor realization. Mr. Jackson has significant insolvency experience in most areas including forestry, gaming, mining and retail, as well as extensive experience in cross-border insolvency proceedings. He has worked with most of Canada s largest financial institutions and trustee firms, including in relation to bankruptcies and receiverships, and has represented both debtors and creditors in connection with significant reorganizations and debt restructurings. He is a member of the Civil Litigation and Insolvency Sections of the British Columbia and Canadian Bar Associations. Prior to joining the firm, Mr. Jackson clerked for the Chief Justice of British Columbia at the British Columbia Court of Appeal. Mr. Jackson holds a L.L.B., University of British Columbia, 1999 and a B.Sc., Physiology, McGill University, Benjamin La Borie, Heenan Blaikie LLP Ben La Borie practices in the areas of bankruptcy and insolvency, restructuring and commercial litigation, and has represented clients before many levels of court in British Columbia and Ontario, as well as at various administrative and regulatory tribunals. Mr. La Borie has experience in a wide variety of matters, including proceedings under the Companies Creditors Arrangement Act and the Bankruptcy and Insolvency Act, banking litigation, large class-action claims, professional liability claims, creditors rights and recovery, mortgage disputes, construction litigation and general commercial litigation. Mr. La Borie has acted for secured and unsecured creditors, lenders, trustees, monitors and debtors. He also has experience in complex multi-party negotiation and mediation. He is a member of the Insolvency Law, Civil Litigation and Banking Law subsections of the Canadian Bar Association, and he is a Director of the Northwest Chapter of the Turnaround Management Association. Mr. La Borie joined Heenan Blaikie in 2007, after several years of practice with a national firm in Toronto and a boutique litigation firm in Vancouver. Jeanne F. McBride, Regional Manager - San Francisco, Division of Resolutions and Receiverships, FDIC Jeanne F. McBride was appointed the Federal Deposit Insurance Corporation (FDIC), Division of Resolutions and Receivership (DRR) Regional Manager in June While working for the FDIC, she has been assigned to various offices in the Dallas, Kansas City, and San Francisco Regions. From 1989 to 1992, she worked for the Resolution Trust Company (RTC), Western Region as a Managing Agent, Credit Specialist and Regional Closing Administrator. In 1992, she joined the Division of Resolutions, San Francisco Region and was responsible for planning, organizing and analyzing of all aspects involved with the marketing and resolution of a failing institution, a position she held until That year she transferred to the DRR, Dallas, Texas where she worked on a number of potential resolutions and special projects for various divisions of the FDIC in Washington, DC and Dallas. She has participated in the resolutions or closings of approximately 440 institutions ranging from a $5 million to $32 billion, for the FDIC and RTC. She has received a number of awards and recognition during her tenure, including that for her work, as a member of the FDIC s Y2K Failed Financial Institution Contingency Planning Task Force, Closing Resources; author of The Closing Process and the Payment of Insured Depositors in the Managing the Crisis: The FDIC and RTC Experience, the FDIC Closing Orientation Booklet, along with a white paper on the Cost of Bank Failures for the 2003 Lessons Learned from Bank Failures Symposium; and Project Manager for the development of the Failed Financial Institution Closing Manual. Ms. McBride graduated from the University of Nebraska, Lincoln, Nebraska with a Bachelors degree in Agricultural Economics. She is also a graduate of the USDA Executive Potential Program. Robert B. Millner, Partner, SNR Denton US LLP Robert B. Millner is Partner, SNR Denton where he practices in bankruptcy and commercial litigation. Among other things, he represents financial institutions and insurance companies in significant bankruptcy litigation and lenders and debtors in complex real estate matters. Mr. Millner s recent representations include the Official Committee of Unsecured Creditors in the Federal Mogul bankruptcy in continued 5

6 M O D E R ATO R S & PA N E L I ST S 6 Robert B. Millner, continued Delaware, and insurance carriers in several Catholic Church bankruptcies. He has also represented insurance carriers in most of the major asbestosrelated bankruptcies filed in the United States. And has represented a principal energy-contract counterparty in Enron in New York, significant landlords in retail and commercial bankruptcies, including the landlord in the Stonebridge bankruptcy (where the United States Court of Appeals for the 5th Circuit recently clarified letter of credit rights), major parties in interest in the SNTL bankruptcy (where the 9th Circuit Bankruptcy Appellant Panel recently clarified guarantor rights), and the former chairman of the Board of Fruit of the Loom in Delaware. Mr. Millner has restructured a vast amount of mortgage debt on behalf of lenders to single-asset entities, and was counsel for the principal secured lender in the Carter Hawley Hale bankruptcy in Los Angeles, which involved a highly complex real estate restructuring, and was counsel for the same lender in other significant restructurings. He has handled cross-border matters both on the debtor side (representing a U.S. flag carrier whose principal routes were to South Africa) and the creditor side, including representation of the National Organization of Life and Health Guaranty Associations in the Confederation Life insurance insolvency in Toronto, Canada and Lansing, Michigan. He is currently chair of the Insurance Subcommittee of the Business Bankruptcy Committee of the American Bar Association. Mr. Millner has served as co-chair, Bankruptcy and Insolvency Committee, Litigation Section of the American Bar Association ( , ) and he is also vice-chair of the Task Force on Current Developments in Bankruptcy in the ABA Section of Business Law. Served as vice-chair, ABA Joint Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process ( ). He is a fellow of the American College of Bankruptcy, a life fellow of the American Bar Foundation, a member of the International Insolvency Institute, an honorary overseas member of the Commercial Bar Association in London, a frequent lecturer at major seminars and is author of numerous articles and papers on bankruptcy topics, a member of Phi Beta Kappa, and served as law clerk to the late George C. Edwards of the United States Court of Appeals for the Sixth Circuit ( ). John Casey Mills, Partner, Miller Nash LLP John Casey Mills has been practicing law in Oregon and Washington since 1984 and has been with Miller Nash since He is admitted to practice in the state and federal courts of Oregon and Washington. Casey currently serves as the head of the firm s insolvency and reorganization practice team. For the past 22 years, he has represented lenders and borrowers in loan negotiations, documentation, workouts, and collections, and has represented creditors, creditor committees, and debtors in bankruptcy cases and proceedings. Mr. Mills is board-certified in business bankruptcy law by the American Bankruptcy Board of Certification. (The Supreme Court of Washington does not recognize certification of specialties in the practice of law, and the certification is not a requirement to practice law in the state of Washington.) Mr. Mills served as the Chair of the firm s Diversity Committee from 2006 to Mr. Mills holds a J.D., cum laude, Northwestern School of Law of Lewis & Clark College, 1984 and B.A., Brown University, Michael T. Newsome, Principal, Zachary Scott Michael T. Newsome, is a Director of TMA Northwest Chapter and a Principal of Zachary Scott. Mr. Newsome joined Zachary Scott in May of 1995 as a middlemarket financing specialist. During his tenure at the firm, he has focused on assisting clients in arranging capital from bank, institutional and mezzanine lenders, and equity investors. He has also been involved in managing and negotiating financial restructuring and acquisition advisory assignments. Prior to joining the firm, Mr. Newsome spent 16 years with Seafirst Bank. During that time, he held a variety of commercial banking positions with responsibilities including credit structuring and approval, resolution of troubled loan situations in the Pacific Northwest and in the energy industry in the Southwest, management of large corporate relationships in Washington State and Alaska; and management of lending relationships with middle-market companies in the Pacific Northwest. Throughout his commercial banking career, he has specialized in structuring, evaluating and managing complex credit relationships. Mr. Newsome received his B.S. degree in Agricultural Economics from Ohio State University. Andrew H. Ognall, Shareholder, Lane Powell PC Drew (Andrew) Ognall focuses his practice on public and private business corporations and financial institutions, with concentration on securities and regulatory compliance, governance, mergers and acquisitions and corporate finance. His corporate finance practice includes initial public offerings, private placements, asset-based financing and real estate finance. In addition, Mr. Ognall is active in ongoing securities compliance for public-held companies including assistance with stock market listing applications, securities disclosure obligations, periodic reporting and EDGAR filing requirements. He has extensive experience in financial institution-related matters, including regulatory matters, capital raising, corporate governance, mergers and acquisitions, holding company formations, securities law compliance and executive compensation. He also represents private business clients in the areas of corporate organization, corporate governance and capital formation. Mr. Ognall attended Lewis & Clark Law School (J.D., cum laude, 1997) and Cornell University (B.A., History and Government, 1993). Keith D. Palesh, Regional Manager, Executive Vice President, Wells Fargo Capital Finance Keith Palesh has been involved in middle market asset based lending with Wells Fargo/Northwest for over 27 years. Currently, he is based in Denver as the Executive Vice President in charge of the Wells Fargo Capital Finance - Business Credit portfolio for the Western United States. Mr. Palesh has held a variety of asset based roles from collateral exam, relationship management and business development leading to his current role. He has been involved with the Turnaround Management Association since the late 90s. Keith has an undergraduate degree in Accounting from the University of Wisconsin, River Falls. Katy Samiljan, Partner, Bush, Strout & Kornfeld LLP (President Northwest Chapter of TMA) Katriana L. Samiljan (Katy) is a partner at Bush Strout & Kornfeld in Seattle, where she specializes in commercial creditor and debtor issues, emphasizing workouts, restructurings, and Chapter 11 reorganizations. She has represented clients in diverse industries, including paper, grocery, power and telephone, farming, software and commercial real estate. She has been named a Rising Star in Washington Law & Politics from 2001 through Ms. Samiljan received her law degree from Harvard University. She also completed her undergraduate studies at Harvard University, where she graduated magna cum laude. James I. Stang, Partner, Pachulski Stang Ziehl & Jones LLP Mr. Stang, a founding partner of the firm, has broad experience in bankruptcy reorganization and has acted as a Chapter 11 trustee and receiver in numerous cases. Mr. Stang has lectured and written extensively on both bankruptcy and receivership issues. He is a graduate of UC Berkeley and received his J.D. from Hastings College of Law, where he was editor in chief of Hastings International

7 M O D E R ATO R S & PA N E L I ST S and Comparative Law Review. He holds an AV Peer Rating, Martindale- Hubbell s highest peer recognition for ethical standards and legal ability, and has been named Super Lawyer in the field of Bankruptcy & Creditor/Debtor Rights every year since 2005 in a peer survey conducted by Law & Politics and the publishers of Los Angeles magazine, an honor bestowed on only 5% of Southern California attorneys. In 2010, the Century City Bar Association named him Bankruptcy Lawyer of the Year and in 2011 he was inducted as a fellow into the American College of Bankruptcy. Mr. Stang is admitted to practice in California, and is a resident in our Los Angeles office. He is a Fellow of the American College of Bankruptcy and a member of the Los Angeles Bankruptcy Forum Board of Directors (ex officio). Thomas W. Stilley, Partner, Sussman Shank LLP Thomas W. Stilley is Partner at Sussman Shank LLP where he chairs the firm's Bankruptcy and Creditors' Rights Practice Group. With over 20 years of bankruptcy and business reorganization practice, Tom has represented clients in a multitude of industries. Including lumber and wood products, healthcare, banking and finance, religious and charitable institutions, hotels, transportation, resorts and recreation, manufacturing, agribusiness, construction, casinos, technology, oil & gas, and real estate. Some of his most significant recent engagements have included the representation of religious entities concerning the intricacies of both their religious and civil law structure and finances, and of their rights and obligations in bankruptcy. Mr. Stilley also maintains an extensive practice representing bankruptcy trustees and receivers throughout Oregon and Washington. He is a past-chair of the Oregon State Bar Debtor-Creditor Section and has served on the section s executive and legislative committees. Mr. Stilley holds a B.B.A. from the University of Texas at Austin, a J.D. from the University of Houston Law Center, is licensed to practice in all courts in Oregon and Washington and is a member of the American Bankruptcy Institute and the Turnaround Management Association. Miles Stover, Founder and President, Turnaround, Inc. Miles Stover is a nationally known, highly experienced senior executive with extensive experience in court supervised case management including Chapter 11 trusteeship s, custodial and general receivership s, crisis and financial restructuring situations, liquidations and asset sales under Section 363 as well as part of an Assignment for the Benefit of Creditors proceeding. Adjudicated qualified to serve as a Trustee and Examiner by the United States Department of Justice as well as having passed the scrutiny of the Office of the United States Trustee and in various state court jurisdictions on numerous occasions. Mr. Stover s background as a senior executive at numerous national firms in a variety of capacities and within a variety of industries allows him to know exactly what is needed by whom to manage a case to a successful conclusion. Mr. Stover holds many industry credentials such as; Certified Turnaround Professional, Certified Insolvency and Restructuring Advisor, Certified Management Consultant, Certified Fraud Examiner, Certified Professional Consultant to Management and Certified Confidentiality Officer among others. He holds a M.B.A from Pepperdine University - Graduate School of Business and Management and a B.S. from the University of Southern California. Robert J. Vanden Bos, Partner, Vanden Bos & Chapman, LLP Robert J. Vanden Bos has practiced bankruptcy law in Portland, Oregon, for more than 30 years. He began his own practice in 1981 and is currently the managing partner of Vanden Bos & Chapman LLP. He is a member of the Multnomah Bar Association, the Oregon State Bar, the American Bankruptcy Institute, and the National Association of Consumer Bankruptcy Attorneys. Michael Williams, Executive Vice President & Chief Credit Officer, Northwest Bank Mr. Williams spent 20 years in various business and corporate banking positions. He works closely with bankers and clients to craft financial solutions that meet their business or personal needs. He is active within the naming industry and his community, and has been involved with various boards, committees and associations. Andrew Wilson, Principal, Lamoti Ventures, LLC As an experienced professional, he has developed into a cross-functional entrepreneur who utilizes sales, marketing, financial and technical skills and interacts with multi-discipline teams to capitalize on new business opportunities. Andrew has experience selling into Boeing, Microsoft, Amazon and Google; including C-level executives and technical and operational leads in companies of all sizes. He also has experience selling telecommunications product and services focused on the healthcare industry. His most recent position was VP Sales and Marketing for Strata8 Networks, a cellular carrier providing in-building wireless systems which integrate with enterprise PBX systems. A proven senior executive with over 20 year experience in the successful design, development and selling of products and services to many diverse markets. A high energy, technologically-astute executive with demonstrated success at developing and implementing business strategies to attain revenue and growth while maximizing profit potential especially in emerging business environments. He has held numerous senior level positions, with an emphasis on operations, strategic marketing, business development, engineering oversight and building winning teams. Robert Wojcik, Executive Vice President and Asset Resolution Team Manager, Umpqua Bank Bob Wojcik is currently the Executive Vice President at Umpqua Bank responsible for managing the Asset Resolution Team. He has held this position since February, In this particular role, Wojcik utilizes his expertise in Management, Risk Assessment and Special Assets. Prior to joining Umpqua Bank, Wojcik worked for Bank of America in Seattle, Washington and Cascade Bank in Everett, Washington (respectively), holding senior positions at both banks. Notable are his 25 years at Bank of America with the last position held as Senior Vice President Senior Client Manager. Mr. Wojcik continued on his career path accepting the Executive Vice President position at Cascade Bank in Business Banking. He then transitioned to Executive Vice President of Credit Administration Special Assets where he advised and worked directly on higher risk C&I and Commercial Real Estate credits. Mr. Wojcik s combined career accomplishments include establishing a centralized commercial credit underwriting center at Bank of America. The center underwrote $5 billion of credit annually. He also managed Commercial and Industrial business teams in the Seattle market. Mr. Wojcik studied at Western Illinois University in Macomb, Illinois where he received his Bachelor of Arts in Speech and Business Minor. He is a graduate of Pacific Coast Banking School (PCBS) in Seattle, Washington. Prior to PCBS, he took numerous BAI, AIB and WBA courses. Mr. Wojcik is very much involved in community service including 8 years each for Lake Stevens Junior Athletic Association and Boy Scouts of America and for the past 6 years as a YMCA Snohomish County Board of Trustee. 7

8 A C C O M M O D A T I O N S The Northwest Chapter is pleased to hold the 12th Annual Cross-Border Conference at The Heathman Hotel in Portland, Oregon. One of the World s Best Places to Stay says Conde Nast Traveler. One of the 500 Best Hotels in the World according to Travel +Leisure s most recent 2009 awards. AAA has awarded The Heathman Hotel 4 Diamonds for 26 consecutive years. A member of Preferred Hotels & Resorts Worldwide and Historic Hotels of America, the acclaimed Heathman Hotel is situated downtown in the heart of Portland, Oregon s Financial and Cultural Districts. This sophisticated boutique hotel offers luxurious accommodations and awardwinning service a refreshing blend of Portland history and modern hospitality. From its renowned Heathman Restaurant and Bar with Culinary Director Philippe Boulot, a James Beard Award for Excellence winner, to its remarkable art collection, The Heathman Hotel is a Portland Oregon landmark, a place Where Service is Still an Art. To book your room, contact The Heathman directly at (1001 SW Broadway, Portland, Oregon 97205) and mention group name: NWTMA when you make your reservation. Rooms blocked are $169 per night, plus tax. The number of blocked rooms is limited, so please book your rooms early. (Room block at the hotel expires August 18, 2011, following which registrants may need to seek off-property accommodations.) 8 Images courtesy of the Portland Oregon Tourist Bureau

9 A C T I V I T I E S Friday, September 9: Evening: Gala Cocktail Reception & Dinner The University Club Main Dining Room The University Club of Portland has enjoyed a rich and colorful history since its founding by a group of young college graduates. In continuous operation in the Rose City since 1898, the University Club is a premier downtown social club affiliated with similar clubs throughout the United States and many foreign countries. The Clubhouse, completed in 1913, is arguably the finest example of Jacobean revival architecture in Oregon and is listed on the National Registry of Historic Structures. The University Club s elegant, Tudor-style Main Dining Room offers a fine dining experience. Executive Chef Michael Barshis, Sous Chef Paul Dube, and Pastry Chef Gerald Shorey strive to create the most innovate and delicious culinary creations. The entire culinary staff is committed to excellent food and service. The University Club has been a member of the Chefs Collaborative from almost the beginning of its inception. Executive Chef Michael Barshis is dedicated to using fresh, locally-grown produce and meats. Saturday, September 10: Daytime: Langdon Farms Golf Club Ranked as the #1 Course In Oregon and rated four out of five stars by Golf Digest s Best Places to Play for 2010, Langdon Farms Golf Club is home to 18 holes of stunning golf designed by John Fought and Robert Cupp. Langdon Farms Golf Club opened to rave reviews in 1995 and immediately became a favorite in the Portland area. Over the years, the local, regional and even national golf writers have consistently recognized it as a truly unique golf experience. Golf outing includes golf; range balls; riding cart; a care package consisting of a sleeve of golf balls, tees, water, and energy bar/fruit; a box lunch; transportation; and prizes. On course beverages are the responsibility of the participant. OR Willamette Valley Winery Tour with Grape Escape Immerse yourself in wine country during the touring & tastings at three of Oregon s finest wineries. The comfortable transportation will take you along scenic roads in one of Oregon s much admired running grape vimos. Oregon wine is nice by itself; superb with food. You ll enjoy select wines at three wineries chosen just for conference attendees and their guests, which includes a behind the scenes tour and Northwest cuisine matched to wine throughout the day. Whether you are a novice, an aficionado, or somewhere in between, one of the Grape Escapes escape artists hosting your day, will share compelling info matched to the level of your interest. Evening: Reception & Dinner The Heathman Hotel Freemont/Morrison/Hawthorne Rooms Consistently heralded as one of Portland's finest dining experiences, the internationally-renowned Heathman Restaurant is home to Director of Culinary Affairs, Chef Philippe Boulot, winner of the 2001 James Beard Award for Excellence Best Chef of the Pacific Northwest. The Heathman Restaurant exemplifies an innovative fusion of seasonal ingredients of the Pacific Northwest, inspired by the flavors and cuisine of France. Executive Chef Michael Stanton brings 25 years of American Fine Dining Experience at award winning restaurants to the Heathman. Executive Chef Stanton partners with the region s select growers, producers, and vintners to serve the highest quality ingredients. 9

10 S P O N S O R S TMA Northwest Chapter would like to thank the following sponsors: Platinum: Gold: Blake, Cassels & Graydon LLP Perkins Coie LLP Lane Powell PC Silver: Celtic Capital Corporation Century Services, Inc. Myers & Co. Consultants LLC Bronze: Bush Strout & Kornfeld LLP Miller Nash LLP Zachary Scott 10

11 C R O S S - B O R D E R C O N F E R E N C E R E G I S T R A T I O N Thursday, September 8, 2011 Sunday, September 11, 2011 The Heathman Portland, Oregon Name: Company Name: Address: City Province/State Postal Code/Zip Code: Phone (Residence): Phone (Cellular): Phone (Office): Address: REGISTRATION (All prices U.S. dollars) Early Bird Registration (through August 20, 2011) $ U.S. TMA Members $ U.S. Non-TMA Members $ U.S. Next Generation Member $425.00* U.S. Accompanying Spouse/Guest Guest: Registrations received after August 20, 2011 $ U.S. TMA Members $ U.S. Non-Members $ U.S. Next Generation Member $425.00* U.S. Accompanying Spouse/Guest Guest: * Spouse/Guest Registration includes opening reception on Thursday evening, Friday reception and dinner, Saturday breakfast, reception and dinner. GROUP EVENTS & WEEKEND ACTIVITIES (please indicate below the number of people participating in each event) Thursday, September 8, 2011 Opening Cocktail Reception The Heathman Hotel - Fremont/Morrison/Hawthorne Rooms I will be attending the reception. I will be bringing a registered guest to the reception. I will not be attending the reception. Friday, September 9, 2011 Gala Cocktail Reception & Dinner The University Club Main Dining Room I will be attending the dinner. I will be bringing a registered guest to the dinner. I will not be attending the dinner. Saturday, September 10, 2011 Reception & Dinner The Heathman Hotel Freemont/Morrison/Hawthorne Rooms Menu selected by Philippe Boulot, winner of the James Beard Best Chef of the Pacific Northwest Award Included in conference price, please indicate whether you and your registered guest will be attending the dinner. I will be attending the dinner. I will be bringing a registered guest to the dinner. I will not be attending the dinner. Saturday, September 10, 2011 Golf Outing at Langdon Farms Golf Club Please gather near The Heathman main lobby entrance at 8:45 a.m., Tee time begins at 10 a.m. $175 per person U.S. (Includes 18-hole green fee, range balls, riding cart, a Golfer s care package, transportation and prizes). Four person scramble; make your own team or be paired by organizers. Please provide your handicap (maximum 30): I would like to be paired. My team (names): Willamette Valley Winery Tour with Grape Escapes: touring & tastings at three of Oregon s finest wineries Please gather near the main lobby entrance at 9:30 a.m. (transportation will be provided, return approximately 4 p.m.) $145 per person U.S. (Includes paired appetizers at each winery.) Register online at Register by Mail: Please submit registration form and payment to (must be received by August 22): TMA NORTHWEST 3439 NE Sandy Blvd #350 Portland, OR Please bill my credit card for the following amount: Go to: Upcoming Events Northwest Chapter Cross Border Conference For information contact Diana Montgomery Northwest Chapter Administrator (503) or northwestchapter@turnaround.org MasterCard VISA AMEX Card Number Expiration Date (MM/YY) Name on Card Signature 11

12 3439 NE Sandy Blvd #350 Portland, OR T M A S T W E L F T H A N N U A L Northwest Cross-Border Conference September 8-10, 2011 Portland, Oregon S P O N S O R S Platinum: Gold: Blake, Cassels & Graydon LLP Perkins Coie LLP Lane Powell PC Silver: Celtic Capital Corporation Century Services, Inc. Myers & Co. Consultants LLC Bronze: Bush Strout & Kornfeld LLP Miller Nash LLP Zachary Scott Register online at