Asbestos Bankruptcy Conference

Transcription

1 MEALEY S Asbestos Bankruptcy Conference Concrete strategies to help you resolve liabilities, negotiate settlements, and stay ahead of the curve on the latest legislative changes Secure winning outcomes for your clients with cutting-edge guidance on 524(g), bolt-on bankruptcies, and the fallout from the FAIR Act Conference Chaired by David T. Austern President Claims Resolution Management Corporation Falls Church, VA John D. Cooney, Esq. Cooney & Conway Chicago June 8-9, 2006 The Ritz-Carlton Chicago

2 Mealey s Asbestos Bankruptcy Conference Hear new perspectives on how to get your clients paid and your reorganization plans confirmed Constant change is the name of the game when it comes to asbestos bankruptcy litigation. And if you don t play by the latest rules, your clients may not get all the money they should or their plan to emerge from bankruptcy will get shot down in court. At Mealey s Asbestos Bankruptcy Conference, top experts examine today s cutting-edge issues to help you understand their impact on your clients and make any necessary tactical adjustments. The following hot topics will be under the microscope in brand new sessions at this educational and networking event Effective use of 524(g) Can a company with centralized liability use the bankruptcy process? If so, what s the best way to resolve the liability to satisfy all parties involved? If not, what other options does that company have? Bolt-on bankruptcies The Big 3 automakers tried, but nobody s had one approved. Are bolt-ons allowed under 524(g)? Can your clients cases be included under another debtor s plan? A panel of experts will answer these and many other questions. The FAIR Act Get a status update on FAIR and other potential federal initiatives, and find out how you ll be affected by the avalanche of companies likely to fi le for bankruptcy should the legislation fail. Fuller-Austin reversal Find out how you should adjust your tactics in light of this recent ruling that potentially gives insurers more leverage in bankruptcy cases. USG s $4 billion settlement Hear expert insight on what it means to claimants and other companies in bankruptcy. And in another one-of-a-kind session, you ll get the rarely heard futures representative perspectives on key asbestos bankruptcy issues. Ascertain how they estimate future liability, what their role is in bankruptcy restructuring, and what they re doing to ensure that future claimants are treated the same as current claimants From getting adequate reimbursement when an asbestos-bankruptcy company sets up a trust to crafting a reorganization plan that withstands claimant and courtroom scrutiny from the FAIR Act to medical criteria bills from asbestos bankruptcies impact on the fi nancial community to strategizing effectively when settling with insurers you ll gain the expertise you need to successfully protect your clients interests at Mealey s Asbestos Bankruptcy Conference. Save $400 with our Corporate Discount Are you an attorney or employee for an insurance company or other corporation? Corporate representatives receive a $400* discount when attending this program. * This discount cannot be combined with any other offer.

3 Mealey s Asbestos Bankruptcy Conference Concrete strategies to help you resolve liabilities, negotiate settlements, and stay ahead of the curve on the latest legislative changes Who should attend: This conference will benefit attorneys representing asbestos-bankrupt companies and their claimants, in-house counsel, insurers, financial community members, and many more. Exhibitors & Sponsors include: LexisNexis Mealey s 1018 West Ninth Avenue, 3rd Floor King of Prussia, PA Take advantage of our Early-Bird Discount! Save $300 off your conference admission when you register by 4/10/06. FIRST-CLASS MAIL U.S. POSTAGE PAID LexisNexis

4 Registration Form Mealey s Asbestos Bankruptcy Conference, June 8-9, 2006, at The Ritz- Carlton, Chicago. I understand the conference registration fee is $1295 per attendee for the first paying attendee and $1145 for each attendee thereafter from the same firm or company. $995 per attendee if you register by 4/10/06. (Multiple attendees: please copy form and submit for each attendee.) Name Title Firm/Company Address City/State/Zip Telephone Fax 0206L Check enclosed (Please make checks payable to Mealey Publications. Send payment in U.S. funds drawn on a U.S. bank.) Please bill my: VISA MasterCard American Express Account # Expiration Date / Signature YES, I m interested in purchasing the audio CD of this conference. (Please call with pricing information.) Conference Handbook Each conference attendee will receive one copy of the handbook. You may order additional copies. Non-registrants may purchase the handbook. Please send $275 each. (U.S.A.: Please add appropriate state sales tax to your order. Canada: Add 7% sales tax.) Mealey s Asbestos Bankruptcy Report Yes, send me a free sample and subscription information. Please send me information on your new Online CLE program and price packages. Phone: MEALEYS or (610) Fax: (610) Payments: Mealey Publications, P.O. Box Philadelphia, PA mealeyseminars@lexisnexis.com Online:

5 Registration Information Registration Fee The registration fee includes continental breakfast each day, one luncheon, attendance at all conference sessions, a copy of the conference handbook on CD, networking reception, and coffee breaks. The registration fee is $1295 for the fi rst attendee. How to Register Fax is the best way to enroll, allowing us to attend to your registration immediately. Please fax this form to (610) , call MEALEYS, (610) , mealeyseminars@lexisnexis.com or mail this form with payment to Mealey Publications, P.O. Box , Philadelphia, PA Receipt of payment guarantees your registration. Special Discounts* Early-Bird registration by 4/10/06 $300 off $995 Corporate Discount $400 off $895 Additional registrants from the same firm or company $150 off $1145 Government employees one-third off $865 Sitting judges attend free Paralegals two-thirds off $435 * Cannot be combined with any other offer. Special Needs Should you have any special needs, please contact Mealey s at least three weeks prior to the conference, to allow us time to make reasonable accommodations. Hotel Accommodations The Ritz-Carlton, Chicago is located at 160 East Pearson Street at Water Tower Place, just 40 minutes from O Hare International Airport. Attendees should make reservations directly with the hotel by calling When making reservations, indicate that you are attending Mealey s Asbestos Bankruptcy Conference, June 8-9, A block of rooms has been reserved for attendees at a rate of $300 a night for a single or double room. The cut-off date for this rate is May 15th. After that date, this rate will be offered based on space availability. Please note, there are a limited number of rooms in our room block so make your reservations early. For alternative hotels, please call us at (610) Cancellation Policy Registrants who cancel on or before May 25th will receive a full refund. Registrants canceling from May 26-June 1 will receive a full credit towards another Mealey s conference. Cancellations made after June 1st will be subject to a 25% administrative fee; the remaining amount will be credited towards another Mealey s conference. Credits must be used within one year of the date of issuance. Attendees who are paid in full and do not attend the conference forfeit a refund or a credit voucher. Substitutions may be made at any time. Conference on Audio CD Mealey s Multi-Media Service allows you to bring the best of our live programs to your home or office. Call MEALEYS or mealeyseminars@lexisnexis.com for more information and pricing on the audio CD version of this conference. Visit for a complete list of past audio programs. CLE, CPCU & CPE credits CLE credit will be available for all mandatory CLE states. International accreditation will also be available at this conference, as will CPCU credit through the American Institute for CPCU and CPE credit through NASBA. LexisNexis Mealey s is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, Web site:

6 Mealey s Asbestos Bankrupt The Co-Chairs David Austern is the President of the Claims Resolution Management Corporation ( CRMC ), and also serves as General Counsel of the Manville Personal Injury Settlement Trust ( Trust ). The CRMC, which processes Trust claims, the claims of other asbestos trusts, and provides other services to asbestos-based institutions, is a subsidiary of the Trust. Mr. Austern also serves as the Representative of Future Asbestos Claimants in the Combustion Engineering bankruptcy, the W.R. Grace bankruptcy, and is a consultant to a number of corporations that are asbestos defendants in the tort system. John Cooney, Esq. is a partner in the Chicago law fi rm of Cooney and Conway, which has represented thousands of plaintiffs in asbestos litigation including hundreds of mesothelioma victims in Chicago and throughout the Midwest. Mr. Cooney is an elected manager of the Illinois Trial Lawyers Association. He is a member of many of the Official Committees representing asbestos claimants in Chapter 11 proceedings and he is chairman of the Owens Corning Committee and co-chair of the Armstrong, U. S. Gypsum, Kaiser, and Global Industrial Technologies Committees. Thursday, June 8, :00 Registration & Continental Breakfast 8:45 Welcome & Introductory Remarks David Austern, Claims Resolution Management Corporation John Cooney, Cooney & Conway 9:00 March Toward Confirmation Update on Major Cases & Settlements When will the debtors emerge? Status of current cases Owens Corning, W.R. Grace, Federal-Mogul, Armstrong, ACandS, Congoleum USG Settlement what impact will it have? Emerging trends in bankruptcy law Stories from the front: identifying and overcoming obstacles and objections David Heiman, Jones Day Jeffrey Rich, Kirkpatrick & Lockhart Nicholson Graham 10:15 Bolt-On Bankruptcy Cases: Enjoining the Liability History of attempted bolt-on cases Big 3 Automakers Case studies: Cooper/Federal-Mogul & Honeywell/NARCO

7 cy Conference Obtaining the stay of cases resolving objections What does 524(g) currently allow? Robert Phillips, SimmonsCooper Additional speakers to be announced 11:15 Morning break 11:30 FAIR or Unfair: How State & Federal Legislation May Affect the Current Bankruptcy Landscape Congressional update on federal legislative efforts Bankruptcy settlements, insurers and FAIR provisions constitutional challenges State legislative update: TX, GA, OH, FL is state tort-reform working? Screening investigations Medical criteria Matthew Bergman, Bergman & Frockt Steven Kazan, Kazan McClain Abrams Fernandez Lyons & Farrise Patrick Hanlon, Goodwin Procter 12:30 Networking Luncheon Sponsored by Navigant Consulting 1:45 The Next Chapter Future Of Pre-Packaged Bankruptcies Climate and trends following the Combustion Engineering decision What is allowed and what is prohibited under Section 524(g) Soliciting the vote and overcoming objections how to get to 75% Waiting in the wings: what type of companies will use the pre-packaged process to resolve their liability? Sander Esserman, Stutzman Bromberg Esserman & Plifka Roger Frankel, Swidler Berlin 2:45 Insurance Issues: Recent Judicial Developments Case Studies: AC&S and Fuller-Austin what does the future hold? Standing/neutrality issues Rights under pre-packaged/traditional bankruptcies Congoleum and other coverage cases Michel Horton, Morgan Lewis & Bockius Scott Gilbert, Gilbert Heintz & Randolph Tancred Schiavoni, O Melveny & Myers

8 4:00 Afternoon Break 4:15 Futures Representatives Responsibilities Under Section 524(g) Role of the futures representative in bankruptcy restructuring Position of futures representative in established trust Emerging issues in current cases Confl icts of interest David Austern, Claims Resolution Management Corporation Eric Green, Resolutions 5:15 Networking Reception Friday, June 9, :00 Continental Breakfast 9:00 How To Effectively Use 524(g) To Resolve Asbestos Liability Rich-parent pre-packs How does a company with centralized liability use the bankruptcy process to achieve fi nality Proposed changes to Section 524(g) Decisions, decisions how are the courts interpreting the bankruptcy code? Speakers to be announced 10:00 Estimating Present & Future Liability Estimation of present and future asbestos liabilities Methodologies Appeals Owens Corning & Federal Mogul Future estimation trials/protocol Kenneth Pasquale, Stroock & Stroock & Lavan Frederick Dunbar, PhD, Senior Vice President, NERA Economic Consulting 11:15 Morning Break 11:30 Perspectives From the Street How Restructuring Is Viewed By The Financial Community Shaking up the markets - announcements and SEC fi lings Time-value of money Impact of recent legal, political and economic changes Examination of recent debtors pre-petition to post-confi rmation

9 June 8-9, 2006 The Ritz-Carlton, Chicago Identifying companies on the brink of bankruptcy warning signs Mary Warren, Linklaters Additional speakers to be announced 12:30 Adjourn Mark your calendar for these 2006 Mealey s conferences and teleconferences Lead Litigation Teleconference: The Impact of the Rhode Island Decision March 30, 2:00PM Eastern Time Asbestos Medicine April 10, Chicago Welding Rod Litigation April 11, Chicago Working With Experts in a Toxic Tort Case Teleconference May 16, 2:00PM Eastern Time Ethics Teleconference: The Classification of Client Expenses in Mass Torts May 18, 2:00PM Eastern Time Benzene and Chemical Exposure Litigation June 12-13, Marina del Rey, CA Water Contamination June 15-16, Chicago Asbestos Screenings Teleconference July 20, 2:00PM Eastern Time National Asbestos September 18-19, Boston Speakers, sessions and times are subject to change. Visit or call MEALEYS for up to the minute program revisions. Call for information on sponsorship and exhibit opportunities. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Mealey s and Mealey Publications are a trademark of LexisNexis, a division of Reed Elsevier Inc. 2006, LexisNexis, a division of Reed Elsevier Inc. All rights reserved. MEA

10 Conference Faculty Co-Chairs David T. Austern President, Claims Resolution Management Corporation Falls Church, VA John D. Cooney, Esq. Cooney & Conway Chicago Faculty Matthew P. Bergman, Esq. Bergman & Frockt Vashon, WA Frederick C. Dunbar, Ph.D. Senior Vice President, NERA Economic Consulting New York Sander L. Esserman, Esq. Stutzman, Bromberg, Esserman & Plifka Dallas Roger Frankel, Esq. Swidler Berlin LLP Washington, DC Scott D. Gilbert, Esq. Gilbert Heintz & Randolph LLP Washington, DC Eric D. Green Principal, Resolutions, LLC Boston, MA Patrick M. Hanlon, Esq. Goodwin Procter LLP Washington, DC Michel Y. Horton, Esq. Morgan, Lewis & Bockius, LLP Los Angeles Steven Kazan, Esq. Kazan, McClain, Abrams, Fernandez, Lyons & Farrise Oakland, CA Kenneth Pasquale, Esq. Stroock & Stroock & Lavan LLP New York Robert W. Phillips, Esq. SimmonsCoooper LLC East Alton, IL Jeffrey N. Rich, Esq. Kirkpatrick & Lockhart Nicholson Graham LLP New York Tancred V. Schiavoni, III, Esq. O Melveny & Myers LLP New York Mary K. Warren, Esq. Linklaters New York David G. Heiman, Esq. Jones Day Cleveland