Beard Audio Conferences

Fundamentals of Corporate Bankruptcy and Restructuring

Wed Mar 10 06:00:01 EST 2010

Title : Fundamentals of Corporate Bankruptcy and Restructuring

A Nuts and Bolts Guide to Chapter 11 Proceedings

With this audio CD recording from April 2006, you'll receive insights into the complexities at each stage of a Chapter 11 filing. Using an entertaining, real-world case study, you'll cover:

- What is Corporate Restructuring?
- The Evolution of Corporate Restructuring
- The Corporate Restructuring Process
- United Artists Restructuring Case Study
- Questions and Answers/Discussion Session

This program is designed for attorneys, paralegals and other bankruptcy specialists throughout the United States who work primarily in the areas of bankruptcy and/or labor and employment law.

DETAILED AGENDA

What is Corporate Restructuring?
a) The Bankruptcy Act of 1800  1898
b) The Bankruptcy Reform Act of 1978
c) The Bankruptcy Reform Act of 2005

The Evolution of Corporate Restructuring
a) He who cannot pay with his purse, pays with his skin'  Historical stigma of bankruptcy
b) Bankruptcy as Strategy: Avoiding Financial Burden and Shifting Financial Risk
    - Strategic Advantages (Successful outcomes  Steel industry, Barneys,Federated, Service Merchandise, etc.)
    - Board members fiduciary duty; government regulations and requirements (i.e.Sarbanes-Oxley)
c) Empirical Data on Growth of Chapter 11 Market
    - Where we have been: 1970-1990 No. of filings
    - Where we are: No. of filings and No. of companies emerging
    - Where we are going: High Yield Market Growth rate; more wide spread acceptance  crossing International borders (Chapter 15)

The Corporate Restructuring Process
a) Pre-Petition | Contingency Planning | Filing | Due Process/Notice | Claims Process | Plan of Reorganization | Emergence
b) Introduction to United Artists Theatre Company Case Study

The Cast of Characters and their Roles
a) The DIP  Debtor in Possession (UA Theater)
b) Secured Creditors (Banks  i.e. BofA, Other Distressed Investors  i.e. P. Anschutz; Hedge Funds; Institutional Investors)
c) General Unsecured Creditors (Trade creditors; Bondholders, Retirees  i.e. Nachos vendors)
d) Equity Holders (i.e. Merrill Lynch)

Act 1: Pre-Petition Activities
a) The Beauty Pageant (Kirkland and Ellis  Denver, CO)
b) Decision to Commence Restructuring Contingency Planning

Act 2: Contingency Planning Preparation
a) Map the Corporate Structure (UA Org Chart, 10-K, 10-Q)
b) Map the Capital Structure (Assets, Sr. Secured Debt, Lien Debt, Bonds  Tiered structure)
c) Identify Business Operations and Revenue Sources (IMAX relationship) Legal tenets
d) Automatic Stay (what it is, how it's relevant  determining UA entities to file Chap. 11)
e) Avoidable transfers
f) First day motions (identify critical vendors  studies, distributors, employees, gift certificates)

Act 3: Filing Chapter 11 Petition
a) Organizing the Creditors
    - Creditor Matrix
    - List of Creditors holding 20 largest unsecured claims
    - Creditors Committee
    - First day motions  Officially in Chapter 11

Act 4: Due Process/Notice
a) Public announcement of Chapter 11 filing and notice of deadline to file claim
b) Anecdote: Theater usher in coma

Act 5 (Scene 1): Claims Process  Burden Shifting
a) Schedules of Assets and Liabilities/Statement of Financial Affairs
b) Notice of Bar Date
c) Filing Proof of Claims
d) Claims objections/reconciliation
e) Anecdote: Nancy's Nachos

Act 5 (Scene 2): Negotiation of Restructuring Strategy
a) Plan Negotiations
    - Cast of Characters
    - Development of Reorganization Plan
b) Disclosure Statement/Court Approval
c) Commence Solicitation
d) Ballot Tabulation
e) Confirmation

Act 6: Successful Emergence
a) Plan Confirmation and Effective Date
b) Disbursement Process

The Encore
a) Status of United Artists' business today
b) Doing business beyond restructuring
c) Top 5 Rules for Corporate Restructuring'

Question and Answer/Discussion Session
(i.e., venue/predictability of result; distressed investing; hedge funds; timing, etc.)

Jonathan A. Carson, J.D.
Kurtzman Carson Consultants LLC

A former corporate restructuring attorney, Jonathan possesses an in-depth understanding of Chapter 11 and serves as an industry expert on trends and developments within the evolving corporate restructuring arena. He co-founded Kurtzman Carson Consultants LLC (KCC) to pursue a shared vision for fast, efficient and highly reliable client service from the perspective of professionals who understand corporate restructuring and its administrative challenges. Today, KCC is a leading claims and noticing agent that provides administrative-support services and technology solutions to the corporate restructuring industry.

Prior to establishing KCC, Jonathan was a corporate-restructuring attorney with Kirkland & Ellis LLP in the firms Chicago office, as well as at Pachulski, Stang, Ziehl, Young & Jones P.C in Los Angeles. He began his professional career as the Judicial Law Clerk to the Honorable Geraldine Mund, United States Bankruptcy Judge, Central District of California (Los Angeles).

Buyer Beware: Key Tax Issues For Private Equity Investments In Distressed Debt

Wed Mar 10 06:00:01 EST 2010

Title : Buyer Beware: Key Tax Issues For Private Equity Investments In Distressed Debt

Key Tax Issues For Private Equity Investments In Distressed Debt

Live 90-minute telephone conference with interactive QandA session unlimited enrollment per call-in site.

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This conference will include:

- Tax issues for purchases of debt by "related" parties.
- New tax law developments relating to cancellation of debt income.
- Important tax traps (and surprising consequences) for investors and borrowers arising in connection with debt modifications.
- Ordinary income versus capital gain treatment for accrued "market discount" on discount debt purchased in secondary markets.
- Accrual of interest income for holders of debt. Timing rules and special elections available for debt holders.
- Special rules applicable to purchases of deeply discounted debt, such as defaulted debt.
- Special tax rules and risks posed for non-US investors in distressed debt funds.

Peter J. Elias
Foley & Lardner LLP

Peter Elias, partner at Foley & Lardner LLP, concentrates his practice on the structuring and implementation of tax-advantaged structures for a wide range of business and investment transactions, including those involving corporations, limited liability companies, partnerships, REITs and other investment entities, and in devising and structuring complex financing arrangements and tax strategies for corporations and individuals. Mr. Elias has significant experience in the representation of sponsors in connection with the formation, tax planning and structuring of investment funds, both domestic and cross-border, including private equity, venture capital, real estate and hedge funds, and other pooled investment vehicles. Mr. Elias also assists these clients and others in connection with tax planning and structuring for a broad range of investment transactions, including mergers and acquisitions, joint ventures, equity and debt financings, buy-outs, divestitures and restructurings. He has structured numerous transactions involving non-U.S. and/or tax-exempt investors, including those related to on and off-shore private equity, real estate and hedge funds.

Mr. Elias received his J.D. from the University of California, Hastings School of Law in 1992, and his LL.M. in taxation from the New York University School of Law in 1993. He graduated, magna cum laude, from the University of Pittsburgh with a B.A. in political science and business administration. He was admitted to the California state bar in 1993.

What's New in Health Law? Major Changes to HIPAA Privacy and Security Rules Enacted in Economic Securities Package, recorded November 17, 2009

Wed Mar 10 06:00:01 EST 2010

Title : What's New in Health Law? Major Changes to HIPAA Privacy and Security Rules Enacted in Economic Securities Package, recorded November 17, 2009

Major Changes to HIPAA Privacy and Security Rules Enacted in Economic Securities Package

The HITECH Act is the largest and most consequential expansion and change to the federal privacy and security rules since the beginning of the HIPAA privacy and security programs.

For the first time, HIPAA covered entities will be required to provide specific notification to individuals if they discover a breach of protected health information (PHI). Different rules apply if the breach involves less than 10 individuals, 10 or more individuals, and more than 500 individuals.

One of the most consequential changes in the HITECH Act is the extension of many HIPAA privacy and security rules to business associates of HIPAA covered entities. All business associate contracts must be amended to include the additional provisions applicable to business associates. More problematic for any attorney that may have access to the PHI of a covered entity is that the attorney will now also be considered a business associate and will be subject to all of the HIPAA privacy and security regulations, which includes the risk of incurring civil monetary penalties (CMP).

The provisions of the HITECH Act went into effect on September 23, 2009 but the Department of Health and Human Services (HHS) has postponed enforcement (which means that they won't assess any fines or penalties) until February 27, 2010.
Who Should Attend

This program is designed for covered entity executives, health care attorneys, CEOs, business associates of covered entities, and health care practitioners.

By attending this audio conference, you will learn and understand:

    * The background of the American Recovery and Reinvestment Act (ARRA).
    * The major changes to the HIPAA Privacy and Security Rules enacted by the HITECH Act under the ARRA and how these changes may affect your company.
    * How current law and rules compare to the new provisions affecting HIPAA under the ARRA.
    * New compliance dates and what to expect from Health and Human Services (HHS) under these new rules.

About the Speakers

Ross D'EmanueleRoss C. D'Emanuele
Dorsey and Whitney, LLP
Minneapolis Office

Ross C. D'Emanuele is a partner in Dorsey's Health Group, and Chair of the Life Services and Health Care Group. He counsels on a wide variety of public, private, nonprofit, and for-profit entities in the health care field, with specific emphasis on health care fraud and abuse, credentialing and medical and pharmacy practice act matters, food and drug law, and privacy regulation, including Medicare/Medicaid and private payor reimbursement, corporate compliance programs, drug and medical device approval and post-market regulatory matters, and technology transfer and clinical trials. He is the author of "Major Changes to HIPAA Security and Privacy Rules Enacted in Economic Stimulus Package," August 4, 2009.

Gina kastelGina M. Kastel
Faegre and Benson, LLP
Minneapolis Office

Gina Kastel is a partner in the Health Care and Nonprofit Organizations practice of Faegre and Benson LLP. She advises hospitals, physician practices, skilled nursing facilities and medical device manufacturers regarding health information privacy issues, including compliance with HIPAA's privacy and security regulations and state health records laws. She also counsels these clients on a wide range of other regulatory matters, including billing and reimbursement issues, compliance with anti-fraud and abuse laws, and licensure and accreditation. She has given many presentations on health care matters, including the "New HIPAA Privacy and Security Mandates."

Executive Pay at Tax-Exempt Organizations: How Much is Too Much?

Wed Mar 10 06:00:01 EST 2010

Title : Executive Pay at Tax-Exempt Organizations: How Much is Too Much?

Real-World Guidelines for Compensation Committees

Like never before, it's open season on nonprofits. And one of the chief targets is executive compensation.

Recently nonprofit organizations have been targeted by IRS audits, Senate Finance Committee investigations, GAO surveys, and dozens of media reports  all questioning the legitimacy of their tax-exempt statusand most focusing on claims of excessive executive salaries and perks.

How do you show the authorities you're exercising effective and independent oversight of executive pay  and still compete for top executive talent? What practices are under fire, and how can you proactively respond? Do you know if your compensation decisions fall within the lines of acceptable practice?

Order the Audio CD recording of this program (recorded October 2006), and let one of the nation's top legal experts on executive compensation explain to you and an unlimited number of your staff

Current government enforcement programs and priorities * what those programs are uncovering * what lessons nonprofits can learn from them

Practical strategies for timely, complete, and smart reporting of executive compensation on your Form 990s

Disclosure issues including how, when, why and whether to disclose executive pay and benefits to the full Board

Documentation and detail how to better prepare and justify your executive compensation practices

Who Will Benefit:
This practical program is designed for healthcare and other tax-exempt organization leaders, attorneys, physicians, board members, CEOs, CFOs, compensation committee members, and other managers of executive and employee benefits.

Ralph E. DeJong
McDermott Will & Emery LLP

Ralph E. DeJong is a Partner in the Chicago office of McDermott Will & Emery LLP, where his law practice focuses on the compensation, executive benefits, and employee benefits of tax-exempt organizations.

In his practice Ralph designs and prepares deferred and incentive compensation arrangements, leads governing boards in the review and approval of executive/physician compensation arrangements, and negotiates and prepares executive/physician employment agreements. He has addressed national conferences of the American Health Lawyers Association, the American Academy of Healthcare Attorneys, the Healthcare Financial Management Association, and many others. He also is currently an Adjunct Assistant Professor at the University of Notre Dame Law School, where he teaches Employee Benefits Law.

Buying and Selling "Legacy" Assets: Navigating the Public-Private Investment Program

Wed Mar 10 06:00:01 EST 2010

Title : Buying and Selling "Legacy" Assets: Navigating the Public-Private Investment Program

Understanding the Public-Private Investment Program

Distressed Real Estate under BAPCPA

Wed Mar 10 06:00:01 EST 2010

Title : Distressed Real Estate under BAPCPA

Roadmap to the New Bankruptcy Code

For those of you concerned about the impact of the new bankruptcy law on commercial real estate landlords and tenants, you may now purchase the Audio CD Recording of this timely 90-minute audio conference,

Recorded in November 2005 and presented by two of the nation's top bankruptcy and real estate experts, this program will help you and your staff discover --

- Tenant cures of non-monetary defaults
- New bright line deadline for assuming leases of commercial real property
- Revised rejection damages based on leases previously assumed by a debtor
- Deadlines for filing reorganization plans
- Enforceability of restrictive use clauses
- New rules for individual tenants
- Strategies for commercial landlords in this new environment
- And much more.

	Susan Barnes (Collins) de Resendiz
Susan Barnes (Collins) de Resendiz is counsel in the Corporate Restructuring and Financial Institutions Practice of Gardner Carton & Douglas, LLP, in Houston, Texas. Over the course of her years in practice, she has been involved in a number of large insolvencies, both as debtor's and creditors' counsel, including UAL Corp., Asarco, Kmart, Vanguard Airlines, Atlas Air, National Benevolent Association, Revco, LTV, and others. She has been listed in The Best Lawyers in America and was the first woman chair of the Banking, Bankruptcy and Commercial Law Committee of the Ohio State Bar Association. She is co-authoring a new book on Bankruptcy and Commercial Landlords for the Beard Group.
	Tracy L. Treger Gardner Carton & Douglas
Tracy L. Treger is partner in the Chicago office of Gardner Carton & Douglas, LLP, where her practice concentrates primarily on commercial bankruptcy, creditors rights and financial restructuring with an emphasis on creditor, landlord and indenture trustee representations. In the real estate arena, she has particularly extensive bankruptcy experience representing commercial landlords in large retail cases including Edison Brothers Stores, Garden Botanika, Fannie May Candies, and Montgomery Ward. She has also represented the owners of office buildings in bankruptcies of tenant lessors, as well as debtors in single asset real estate cases. She currently is representing indenture trustees in the Mirant Kmart, and UAL cases. She is co-authoring a new book with Susan de Resendiz on Bankruptcy and Commercial Landlords, to be published by the Beard Group.

The Impact of the General Growth Properties Bankruptcy on SPEs

Wed Mar 10 06:00:01 EST 2010

Image Not Available	Brian Fetterolf Underwriting and Closing Committee of the Mortgage Bankers Association
Brian Fetterolf has extensive knowledge and experience in the areas of commercial real estate, financing, structured products and restructuring. He has successfully managed real estate transactions in all phases of the business cycle, including acquisition, construction/development, leasing, foreclosure, disposition, and property/loan sales. He was instrumental in the origination, servicing, securitization and distribution of more than $20 billion of debt ranging in size from $1 million to $1.5 billion. Mr. Fetterolf was a Senior Vice President in the Restructuring & Special Situations Group and the Real Estate Structured Finance Group of Macquarie. He also was a Director in the Real Estate Capital Markets division of LaSalle/Bank of America. Previously, Mr. Fetterolf was an attorney for eight years specializing in real estate and corporate finance with Buchanan Ingersoll & Rooney and was Associate General Counsel for a financial services company. He earned his Bachelor of Arts degree in economics cum laude from Bucknell University; Juris Doctor from the Boston College Law School; and Masters of Business Administration with highest honors from the University of Pittsburgh. He is a member of the Underwriting and Closing Committee of the Mortgage Bankers Association and frequently speaks on topics in securitized and structured finance, mixed-use property finance, and servicing.
	Daniel S. Huffenus Katten Muchin Rosenman LLP
Dan Huffenus, is the managing partner at the Charlotte office of Katten Muchin Rosen and has a sophisticated commercial real estate finance practice. He has extensive experience in representing real estate capital markets lenders in the origination of commercial mortgage loans. His practice is national in scope, and covers all asset types. He is particularly well versed in the issues related to lending transactions involving tenants-in-common. He also has significant experience representing servicers of commercial mortgage loans in a variety of areas, with particular expertise in the defeasance of securitized loans. His recent experience includes the modification and restructuring of distressed commercial mortgage loans. Mr. Huffenus received his B.A. in Economics, cum laude, from Lafayette College and his M.S. in Real Estate Development from Columbia University. Prior to attending law school, he worked for several years as a consultant in a national real estate consulting practice where he assisted institutional investors and financial institutions in the evaluation of real estate portfolios and the development of real estate acquisition and disposition strategies. Mr. Huffenus graduated from New York University School of Law, where he was a member of the N.Y.U. Law Review. Prior to entering private practice, he served as a law clerk for Justice Stewart G. Pollock of the New Jersey Supreme Court. Mr. Huffenus was listed in the 2007 and 2008 editions of Best Lawyers in America. He was also listed in 2006, 2007, 2008 and 2009 as a North Carolina Super Lawyer.
	Deborah L. Fletcher Katten Muchin Rosenman LLP
Deborah L. Fletcher is a partner at Katten Muchin Rosenman LLP in Charlotte, North Carolina and a member of the firm's Bankruptcy and Creditor's Rights Practice. In addition to business bankruptcy and creditors' rights, her practice includes distressed acquisitions and out of court workouts and restructurings. Ms. Fletcher is a 1982 graduate of the University of Richmond School of Law where she was associate editor of the Law Review and a 1979 graduate of Virginia Commonwealth University (summa cum laude). Ms. Fletcher is admitted to practice before all state and federal courts in Virginia and North Carolina and before the United States Court of Appeals for the Fourth Circuit. She has been a frequent speaker at numerous seminars and conference, including those sponsored by the American Bar Association, the National Conference of Bankruptcy Judges, the American Bankruptcy Institute, and the Turnaround Management Association. Ms. Fletcher has also served in numerous leadership positions in various local and national professional organizations, including service on the Executive Council of the Section of Business Law of the American Bar Association and on the Board of Directors of the Turnaround Management Association.

Buying and Selling

Wed Mar 10 06:00:01 EST 2010

Title : Buying and Selling

Navigating the Public-Private Investment Program

Corporate Bankruptcy Bootcamp

Wed Mar 10 06:00:01 EST 2010

Title : Corporate Bankruptcy Bootcamp

A Nuts and Bolts Primer to the Chapter 11 Restructuring Process

Particularly in this time of economic turmoil, Chapter 11 bankruptcy is emerging as a strategic alternative for corporate America to ensure enduring value for stakeholders.

While Chapter 11 historically has been associated with the demise of corporate entities, today some companies have turned this process to their advantage, leading to streamlined operations, improved balance sheets, and as a result, have emerged leaner, more competitive and better poised for long-term growth.

To further explain the nuts and bolts of effective corporate restructuring, this 90-minute Audio CD (recorded January 2009) provides:

A brief history and overview of the Chapter 11 process, including the evolution and potential benefits/challenges of the process.
An example of real-world corporate restructurings that demonstrate the various stages and the potential outcome of well-orchestrated, streamlined Chapter 11 bankruptcies.
Current Chapter 11 industry dynamics
The five principles of a successful Chapter 11 restructuring.

Jonathan A. Carson, J.D.
Kurtzman Carson Consultants LLC

Physician Recruitment: Regulatory Constraints and Staff Planning Realities

Wed Mar 10 06:00:01 EST 2010

Title : Physician Recruitment: Regulatory Constraints and Staff Planning Realities

With the Disclosure of Financial Relationship Reports looming, your need to fine-tune physician recruitment arrangements to meet ever-tightening regulatory requirements has never been more critical.

This convenient Audio CD (recorded late February 2009) examines the legal requirements for hospital physician recruitment arrangements and offer practical suggestions on how these arrangements fit within medical staff development plans.

Key areas addressed include:

- A look at medical staff development plans -- what are they, how are they used
- Discussion of appropriate recruitment policies
- Review of what arrangements are permitted under recent Stark changes
- How to audit your existing agreements for compliance

Image Not Available	Daniel M. Beall The Strategy House
A veteran of the healthcare industry since 1984, Dan has assisted clients in bringing visionary and strategic thought to the strategy development process. Prior to establishing The Strategy House, Dan was a founding partner of CLC Consulting, Inc., and a partner with FLR Health Resources, Inc., both located in Atlanta. Dan graduated from the Georgia Institute of Technology with a masters degree in Management, and a concentration in Finance. Additionally, he earned a masters degree in Psychology from the University of Kentucky and a bachelors degree in Psychology, magna cum laude, from Emory University in Atlanta. His current professional affiliations include the American College of Healthcare Executives, the American Hospital Association and the Georgia Association of Healthcare Executives.
	H. Carol Saul Epstein, Becker & Green
H. CAROL SAUL is a member of the firm in the Health Care and Life Sciences Practice in the firms Atlanta office. Carols practice focuses on regulatory counseling for academic medical centers and home and community-based services providers, including home health, hospice, infusion therapy, HME and assisted living. Her areas of focus specifically include the Stark Law, the Anti-kickback Statute and other federal and state fraud and abuse laws, compliance counseling, HIPAA, health regulatory due diligence counseling and Medicare/Medicaid reimbursement matters. Carol's experience includes: Regulatory advice in connection with sale of non-profit hospital Appeals of Medicaid recoupment actions Public home health provider compliance program development Managed Request for Proposal and contracting process for start-up hospice Successful appeals of home health CON applications Regulatory due diligence of providers in hospice, infusion therapy, home health, assisted living, telemedicine, and other sectors General counsel to trade association Drafted residency training agreements for non-profit medical school Affiliation agreement between medical school and faculty practice plan HIPAA advice to physician billing companies, medical transcriptionists, physician practices, business associates Safe harbor structuring of health care contracts European Union data-privacy safe harbor guidance American Arbitration Association arbitrator Voluntary disclosure counseling
	Kimberly Ruark Epstein, Becker & Green
KIMBERLY "KIM" S. RUARK is an attorney in the Health Care and Life Sciences Practice in the firm's Atlanta office. Kim's practice focuses on a broad range of general corporate and regulatory matters, with particular emphasis on representing clients in the healthcare industry. As part of her healthcare practice, Kim: - Advises healthcare providers on legal issues arising from a variety of corporate transactions and business arrangements, including mergers and acquisitions, joint ventures, employment arrangements, and managed care contracting; - Counsels healthcare clients regarding regulatory matters including Medicare/Medicaid issues, federal and state fraud and abuse laws, federal and state self-referral laws, and standards applicable to tax-exempt organizations.

Buying and Selling Legacy Assets:

Wed Mar 10 06:00:01 EST 2010

	Amy Moorhus Baumgardner Morrison Foerster LLP
Amy Moorhus Baumgardner, of counsel at Morrison Foerster LLP, has diverse experience in securities and corporate transactions, securities compliance matters and corporate governance. She has represented various financial institutions, including issuers and underwriters, in public offerings and private placements of equity, debt structured and asset-backed securities, and in structuring financing arrangements.
	Anna T. Pinedo Morrison Foerster LLP
Anna T. Pinedo, partner at Morrison Foerster LLP, concentrates her practice on securities and derivatives. She represents issuers, investment banks/financial intermediaries and investors in financing transactions, including public offerings and private placements of equity and debt securities, as well as structured notes and other structured products. Ms. Pinedo has particular financing expertise in working with companies in the areas of technology, telecommunications, life sciences and healthcare, REITs and consumer finance. She also has worked closely with foreign private issuers in their securities offerings in the United States and in the Euro markets. In the derivatives area, Ms. Pinedo counsels a number of major financial institutions acting as dealers and participants in the commodities and derivatives markets. She advises on structuring issues, as well as on regulatory issues and monetization and hedging techniques. Her work focuses on foreign exchanges, equity and credit derivatives products and structured derivatives transactions.
	Dr. Ronald I. Miller NERA Economic Consulting
Dr. Miller, Vice President of NERA Economic Consulting, provides litigation support in the areas of securities, product liability, complex commercial damages, and antitrust. He has worked on securities class actions, consumer credit, forecasts of asbestos liabilities, product liability forecasting, merger-related litigation, valuation, and mutual fund trading and fees. He has published research on the economic and statistical properties of securities litigation. Before joining NERA, Dr. Miller was an Assistant Professor of Economics at Columbia University and taught courses at Princeton University. He also organized and led courses for economics professionals at the United Nations and in Eastern Europe. His particular expertise resides in applied and theoretical econometric modeling, as well as probability theory and game theory. Dr. Miller's research has appeared in The American Economic Review, Games and Economic Behavior, The Journal of Economic History, and The Corporate Compliance and Regulatory Newsletter.

Hospitals in Financial Crisis

Wed Mar 10 06:00:01 EST 2010

Title : Hospitals in Financial Crisis

Strategies to Combat Insolvency

Battling increasing governmental regulation, surging medical malpractice claims and reduced reimbursement rates, hospitals and other health care providers in the United States are being faced with an insolvency crisis of mounting proportions.

This growing problem has impacted both the not-for-profit and for-profit hospital sectors alike. Addressing the underlying issues which often causes the financial downturn precipitating insolvency, Burton S. Weston and Afsheen A. Shah, attorneys with the law firm of Garfunkel, Wild and Travis, PC, will highlight current trends in healthcare insolvencies while also discussing strategies which can be implemented by other healthcare providers to prevent similar outcomes from occurring in their facilities.

Topics Include:

Changing Demographics and the Effect on Urban Hospitals

The Effect of Declining Reimbursement Rates

The Underfunding Crisis in New York

The Controversy and Impact of the Berger Commission Report

Strategies to Combat Insolvency

Who Will Benefit:
This program is designed for chief executives, chief financial officers, management, board members, senior medical members, general counsel and all staff members involved in the administration of hospitals and healthcare providers.

Afsheen Shah
Garfunkel, Wild & Travis, P.C.

Afsheen Shah is an associate at Garfunkel, Wild & Travis, P.C., which she joined in 2003. She is a member of the firms Corporate Reorganization and Bankruptcy Practice Group, which advises clients on bankruptcy related issues.

Ms. Shahs practice is focused in the areas of creditor rights, workouts, business acquisitions and restructurings. She has represented various businesses, hospitals, landlords and creditors committees.

Prior to joining the firm, Ms. Shah was an associate at Certilman Balin Adler & Hyman, LLP, where she participated in various bankruptcy and foreclosure related matters, including the representation of banks, landlords and Chapter 7 Trustees.

When Tenants File for Chapter 11: A Landlord's Survival Guide

Wed Mar 10 06:00:01 EST 2010

Title : When Tenants File for Chapter 11: A Landlord's Survival Guide

Today's Lease Rejection, Assumption and Assignment Strategies

In today's economic turmoil, commercial landlords face unprecedented economic and legal risks.

When your tenants file for bankruptcy, landlords will face highly accelerated proceedings that offer precious little time to hire new counsel, review pleadings and make informed decisions. The rush to liquidate retail stores is now prevalent.  Several recent retail chain filings, which will serve as revealing case studies for much of this audio conference, are evidence of the brutal new world facing landlords.

Prepare yourself with this timely and convenient Audio CD (recorded February 2009), presented by David R. Kuney, partner with the national law firm of Sidley Austin LLP. He explains landlord and tenant legal rights under the Bankruptcy Code and  more importantly  outlines key strategies for protecting those rights and preserving your bottom line.

In less than 90 minutes, you examine

What to expect  anatomy of a bankruptcy strategy from a tenant's perspective
New code provisions designed to increase landlords' leverage
Analysis of motions aimed to deflate that leverage
- The instant sale of all assets: what if anything can a landlord do?
-  Protecting the administrative claim for rent.  New case law on rent claims.
-  Master leases and cross-default provisions; any hope for enforcement?
-  Accelerated and abusive cure motions.
Important new lease rejection strategies
Can designation rights be challenged? Or is this the last war?
DIP provisions and their drain on landlords' power
Due process hard-ball  dealing with the shortened time to respond
Finality and the lack of appeal in section 363 sales
Use of omnibus motions and pre-packaged objections
Proven strategies for dealing with the hyper-aggressive case

David R. Kuney
Sidley Austin LLP

David R. Kuney is a partner in the Washington, D.C., office of Sidley Austin LLP. He represents both debtors and creditors in complex Chapter 11 cases, including complex partnership cases, retail bankruptcies, real estate bankruptcies and corporate cases. He has also had extensive litigation and appellate experience and has served as lead counsel in both jury and non-jury civil matters throughout the United States.

David is an adjunct professor at the Georgetown University Law School, where he teaches a class on Bankruptcy and Creditors Rights. Hes been ranked in Chambers USA as a Leading Bankruptcy Attorney in Washington and as an intellectual leader in bankruptcy law. He is the author of the book, "Bankruptcy Issues for Commercial Landlords, Tenants and Mortgages."

Physician Ancillary Joint Ventures

Wed Mar 10 06:00:01 EST 2010

Title : Physician Ancillary Joint Ventures

Opportunities, Pitfalls and Real-World Lessons Learned

Faced with falling incomes and rising expenses, healthcare providers are turning to new business opportunities to increase practice profits. Perhaps the most promising are a variety of Ancillary Services  including diagnostics, durable medical equipment, ambulatory surgery centers, and ct/angiography services, among others.

These ancillary services are often the result of capital-based and contractual joint ventures with other providers, ancillary service and management companies, and hospitals. Given all these opportunitieswhat are the best ones for your situation? What are the regulatory and tax-related pitfalls must you avoid? What's the best way to structure these deals?

With this audio CD recorded in November 2006, Norton Travis, one of the foremost names in healthcare joint ventures, illuminates the current environment and opportunities for ancillary services.  In less than 90 minutes, you examine the most critical legal and regulatory issues, plus discuss new joint venture opportunities on the near-term horizon.

Topics include

Stark how to stay in compliance

Impact of Fraud and Abuse laws on ancillary services

Tax issues you must consider BEFORE finalizing any agreement

Third-party reimbursement considerations

Licensure/Certificate of Need (CON) issues

State law issues corporate practice of medicine/fee splitting

Who Will Benefit:
This practical program is designed for chief executive, chief finance, and chief operating officers; members of the management team including marketing and business development managers; senior medical staff members, senior physicians, compliance officers, attorneys, consultants, and members of group practices.

Chairman: Norton L. Travis
Garfunkel, Wild & Travis, P.C.

Norton L. Travis is a founding member of the healthcare law firm, Garfunkel, Wild & Travis, P.C. Since 1980, his practice has been devoted solely to representing health care clients, and has focused primarily on transactional matters, including mergers and acquisitions, joint ventures, and related corporate matters.

As Chair of the firms Business Practice Group, Mr. Travis represents both regional and national companies active in diagnostic testing, managed care and other areas. He has also assisted many hospitals in joint ventures with outside businesses to maximize third-party revenue opportunities, while ensuring compliance with state and federal regulatory and tax exemption requirements. His role includes providing assistance on day-to-day operations and business strategies that support his clients growth and development. Mr. Travis also provides counsel on regulatory compliance (e.g., state and federal fraud and abuse, anti-kickback and self-referral laws), antitrust, and third-party reimbursement, as well as other key issues affecting health care businesses. Mr. Travis is listed in the 2006 and 2007 edition of The Best Lawyers in America under the specialty of Health Care Law as well as being recognized by the Chambers USA Guide.

Gainsharing -- Medical Cost Control through Collaboration

Wed Mar 10 06:00:01 EST 2010

Title : Gainsharing -- Medical Cost Control through Collaboration

Success Stories of Hospital-Physician Shared Savings

Throughout the U.S., gainsharing plans  rewarding physicians for measurable cost savings  are on the upswing.

Hospitals and physicians are successfully collaborating on arrangements that align incentives, improve the quality of care, and tackle the high costs of devices and supplies. Some hospitals are seeing savings of $600,000 to $4 million per year.

Now two of the nation's top authorities on healthcare gainsharing  Charles Oppenheim of Foley and Lardner and Lani Berman of Goodroe Healthcare Solutions  will show you how healthcare institutions like yours can cut costs and improve efficiencies through shared savings programs.

With this 90-minute Audio CD Recording (recorded May 2006), you'll learn about the federal rules governing gainsharing and receive practical tips for jump-starting your own hospital-physician collaboration. You and an unlimited number of your staff will examine

The pros and cons of gainsharing

3 major criteria OIG (HHS Office of the Inspector General) uses to evaluate properly structured plans

What about Stark? Compliance challenges with CMS

Physician incentive programs that DON'T require OIG approval

Establishing metrics to monitor cost reductions and clinical outcomes

Benchmarking your plan against similar medical facilities

Strategies for educating physicians about true costs and enhancing communication with administration and material managers

Lessons learned on the front lines of gainsharing. How measurable and predictable are the results?

Real-world success stories who's making gainsharing work and how

Who Should Attend:
This practical program is designed for hospital and physician business leaders, CEOs, CFOs, healthcare attorneys, and business development executives.

	Charles B. Oppenheim Foley & Lardner, LLP
Charles B. Oppenheim is a partner with Foley & Lardner LLP. A nationally recognized expert on Stark law issues and a member of the firm's Health Care Industry Team, he focuses his practice on all aspects of transactional, operational and regulatory health care law. For many of the largest health care companies in the U.S., Charles provides counseling on the anti-kickback and Stark laws, creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of health care providers. He is the author of "Stark Final Regulations: A Comprehensive Analysis of Key Issues and Practical Guide, Third Edition", published by the American Health Lawyers Association.
	Lani Berman, MBA, MPH Goodroe Healthcare Solutions
Lani Berman, MBA, MPH, is a consultant with Goodroe Healthcare Solutions in Atlanta, where she specializes in the development of innovative strategic initiatives including cost and operational efficiencies, hospital-physician economic integration, market assessments and financial modeling. She presents and leads discussions about how to reduce waste by engaging physicians at national healthcare meetings.

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Chrysler Grabbing Chapter 11 By The Horns

Wed Mar 10 06:00:01 EST 2010

Title : Chrysler Grabbing Chapter 11 By The Horns

Prospects, Opportunities and Risks

This audio conference has already taken place. If" target=_new>http://www.surveymonkey.com/s.aspx?sm=SZ8ml_2bQS4SKpJkArVCVn3g_3d_3d">If you attended the conference, please click here to access the survey
Chrysler LLC, the third largest automaker in the United States and the first privately held one in more than 50 years, filed for bankruptcy protection under Chapter 11 on April 30, 2009. The company also announced it will enter into a partnership with Fiat SpA, the Italian automaker.

Investors, bondholders, creditors and professional advisors are scrambling to identify the rewards, pitfalls and risks stemming from the dual strikes of the last-minute alliance agreement and concessions made by the UAW.

President Obama's Auto Task Force tags this as  a surgical" Chapter 11 filing, but questions abound, including questions about the announced plan to use Section 363 sales to transfer valuable assets and leave legacy assets and liabilities behind.

During the audio conference you will receive:
- Updated news and developments about the case
- A profile of the company and what factors triggered the filing
- Information on current and prospective sources of financing during reorganization
- A list of major creditors, including first and second lien note holders

Detailed analysis of the role of key players in the case
-Fiat, the international auto company, and access to global network and IP
-UAW workers and retireespensions and health care benefits
-Chrysler Dealers
-Consumers
-Suppliers

Stephen B. Selbst
Herrick, Feinstein, LLP

Stephen B. Selbst has more than 25 years of experience in bankruptcy law representing debtors, secured creditors, official committees, bondholders, hedge funds and distressed investors in large and complex cases. He advises on bankruptcy planning and strategy, and on the debtor-creditor aspects of corporate transactions, including structured finance transactions and "true sale" and "non-consolidation" opinions. Stephen also has experience in out-of-court workouts and represents both debtors and creditors. He also frequently represents buyers of assets from troubled companies in bankruptcy.

In his corporate practice, Stephen has expertise in mergers and acquisitions, public and private financings of debt and equity and general corporate representation. He has represented several public companies and advised boards of directors on corporate governance matters and internal investigations.

Stephen is a frequent lecturer on bankruptcy and restructuring topics and has published a number of articles on bankruptcy-related topics. He has been frequently quoted in newspaper articles on insolvency related topics and appeared on CNBC on auto bankruptcies.

The Demonstration Is Over: RAC Audits Expand Nationwide

Wed Mar 10 06:00:01 EST 2010

Title : The Demonstration Is Over: RAC Audits Expand Nationwide

What to Expect and Tips for Preparing Your Organization

Starting in March 2009, CMS has expanded the RAC audit program  designed to detect and correct improper payments by the Medicare program to providers  to healthcare providers in all 50 states.

Unlike any other CMS audit program, Congress requires Recovery Audit Contractors to be paid for their services through contingency fees. That means auditors will be looking for every misspent penny. During the three-year Demonstration Project that focused on only five states, RACs identified $992.7 million in alleged overpayments.

What's your possible exposure? What can you learn from the providers who've already been audited? Listen to experts from EpsteinBeckerGreen on this 90-minute Audio CD (recorded late March 2009) that takes you inside CMS' implementation of the now-nationwide RAC program.

You'll receive an in-depth discussion of the findings from the Demonstration Project, an explanation of RAC review procedures, and practical tips to prepare your organization for a RAC audit.

Specific topics include:

What's the RAC program all about  including what claims are subject to review, contractors' review methods, and limitations on medical record requests

Lessons learned from the Demonstration Project, including RAC findings related to medical necessity and coding reviews

Proven procedures and strategies for appealing RAC audit findings

How to develop an action plan to prepare your organization for RAC audits

Who Will Benefit
Provider Executives
Compliance Officers
In-House Attorneys
Internal Auditors

	Chair: Rebekah N. Plowman Epstein Becker & Green
REBEKAH N. PLOWMAN is a Member of the Firm in the Health Care and Life Sciences and Litigation Practices in the firm's Atlanta office. Rebekah focuses her litigation practice on health care matters affecting providers, including government investigations, False Claims Act and Qui Tam actions, contract disputes and certification and licensure appeals before federal and state administrative tribunals. Her practice also focuses on health care regulatory issues, including fraud and abuse analysis for health care systems, ancillary providers and physician practices, issues affecting long-term care providers, Medicare/Medicaid reimbursement and certification, and regulatory compliance. Rebekah's clients include hospitals and health systems, long-term care providers, device manufacturers, private investors and other institutions that invest in or support the health care industry. She was selected by the editors of Nightingale's Healthcare News as one of the "Outstanding Fraud and Compliance Lawyers" of 2008 and is also listed in the Health Care Law Section of Chambers USA Guide. She currently serves on the Board of Directors for the Ovarian Cancer National Alliance. Prior to law school, Ms. Plowman was a registered nurse in the Cardiac Intensive Care Unit at Indiana University Medical Center.
	Christy Durden Jordan Epstein Becker & Green
CHRISTY DURDEN JORDAN is an Associate in the Health Care and Life Sciences Practice in the firm's Atlanta office. Christy focuses her practice on health care regulatory issues and health care litigation and represents a wide variety of health care organizations including hospitals and health systems, hospices, home health agencies, long term care providers, durable medical equipment suppliers, ambulatory surgery centers and physician groups. She also: * Represents providers in OIG/DOJ/FBI criminal and civil fraud investigations involving billing and coding issues, billing and payment practices, medical necessity issues, kickbacks and other related issues * Represents providers and suppliers in post-payment audits, including appeals to Qualified Independent Contractors and Administrative Law Judges * Represents providers in certification and licensure appeals * Advises providers on reimbursement issues under Medicare, Medicaid and other third-party payment programs * Assists providers in developing, implementing, revising and evaluating the effectiveness of compliance programs * Counsels providers on internal investigations * Advises providers regarding federal and state anti-kickback statutes and self-referral issues * Advices providers regarding privacy, security and HIPAA compliance * Conducts due diligence reviews for private equity firms * Advises providers in the planning and structuring of business arrangements Christy is a Registered Nurse and utilizes her clinical knowledge in addressing legal issues for health care providers.

Role of Board-Level Panels in Sarbanes-Oxley Compliance

Wed Mar 10 06:00:01 EST 2010

Title : Role of Board-Level Panels in Sarbanes-Oxley Compliance

Post-Enron Preventive Measures for Better Self-Governance

It's official. The SEC now says all publicly owned companies  not just mega-corporations  must develop detailed internal controls required by the Sarbanes-Oxley Act (SOX). And you must implement those controls in less than six months  by mid-December of this year.

A growing number of companies are responding with board-level committees  often called Corporate Compliance Panels  to foster compliance with SOX legal, regulatory and ethical requirements. Proponents say these panels elevate action to the highest levels of the company, ensuring SOX rules are taken seriously and adequate compliance resources are deployed. Detractors say the panels are unnecessary clones of existing audit committees better geared for SOX oversight.

Is a corporate compliance panel right for your company? What other preventive measures are available? Avoid expensive and crippling investigations by learning corporate compliance planning principles and techniques from former federal prosecutor Peter Crane Anderson, partner with the law firm of Shumaker, Loop and Kendrick.

In just 90 minutes, you and an unlimited number of your staff will discover

The basics of corporate compliance panelswhat they are, and why more companies are using them
Unique insights into recent enforcement trendsthe Perfect Prosecutorial Storm?
Why business fraud prosecutions involve blurry lines yet high stakes
What the collective knowledge doctrine means, and how it affects your personal and corporate liability
Why and how healthcare and financial services are leading the way
How to understandand influenceprosecutorial discretion
What factors can increase or decrease potential jail sentences and penalties under federal sentencing guidelines
How to establish a compliance panelassessing risk, meeting legal requirements, and tailoring panels to your specific business operations
How to select panel memberscovering all the bases
How to integrate compliance panels with auditing committees to monitor without meddling
And more

Continuing Legal Education Credits:
This program has been approved for 1.5 MCLEs by the states of California, Texas, and Tennessee.  California and Tennessee are approved jurisdictions under New York's Approved Jurisdiction Policy.

Peter Anderson
Shumaker, Loop & Kendrick

Peter Anderson, partner at Shumaker, Loop & Kendrick, is a former federal prosecutor who leads the firms Corporate Compliance and Business Crimes Defense Team. His principal areas of practice are federal criminal defense and corporate compliance planning.

Peter regularly defends corporations and individuals in federal prosecutions, civil disputes, and administrative violations. His defense and counseling skills are strengthened by his experience as a Trial Attorney in the Environmental Crimes Section of the U.S. Department of Justice (Washington, D.C.), as well as an Assistant U.S. Attorney. Mr. Anderson also received a Special Achievement Award from the Attorney General in 1993.

Successful Healthcare Provider-Payer Arrangements

Wed Mar 10 06:00:01 EST 2010

Title : Successful Healthcare Provider-Payer Arrangements

New Win-Win Agreements in Light of Recent Antitrust Rulings

With this 90-minute audio CD recording from March 2006, you and an unlimited number of your staff will discover

o A clear, more complete understanding of key antitrust issues
o When physicians can jointly negotiate with health plans
o What distinguishes rule of reason from per se analysesand why this differentiation matters
o When mergers are most likely to attract regulatory scrutiny
o The pros and cons of clinical integrationalong with practical tips and insights
o What the messenger model is, why it has garnered so much attention, and what you need to know before pursuing one
o What the North Texas Specialty Physicians, United v. Advocate, and other key rulings mean
o When pay-for-performance programs workand don't work
o How to approach antitrust claims involving exclusion and physician-owned facilities
o And more

Bob Leibenluft
Hogan & Hartson

Bob Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation regarding antitrust issues in the health, medical device, and pharmaceutical industries.

Upon completing law school, Bob worked as an Attorney Advisor in the Federal Trade Commissions (FTCs) Office of Policy Planning, concentrating on health and antitrust matters. In 1981, he joined Hogan & Hartson and became a partner in the firm in 1989. He practiced health law at Hogan & Hartson until January 1996 when he rejoined the FTC as Assistant Director for Health Care in the FTCs Bureau of Competition. As head of the FTCs Health Care Division, Bob supervised a 25-30 person staff engaged in the review of mergers, acquisitions and joint ventures involving hospitals, physicians and other health care providers, as well as conduct in the health care and pharmaceutical industries. While at the FTC, he spearheaded development of the FTCs and U.S. Department of Justices most recent policy statements on healthcare antitrust issues. Bob rejoined Hogan & Hartson in September 1998.

Bob writes and lectures extensively on health law topics. His articles on healthcare matters have appeared in Health Affairs, The New England Journal of Medicine, Vanderbilt Law Review, The American Journal of Psychiatry, Business and Health, Pharmaceutical Executive, Medical Device & Diagnostic Industry, and other books and journals. In addition, he serves as Chair of the Health Care Industry Committee of the ABA Antitrust Section.

Buyer Protection: Managing the Legal Risks of Acquiring Assets from Troubled Companies

Wed Mar 10 06:00:01 EST 2010

Title : Buyer Protection: Managing the Legal Risks of Acquiring Assets from Troubled Companies

Review Key Dynamic Risks, Alternatives and Options

Live 90-minute telephone conference with interactive QandA session  unlimited enrollment per call-in site.

With increasing number of bankruptcy filings and daily news of troubled companies seeking to raise cash or reduce debt, investors, turnaround specialists, creditors, and professional advisors are confronted with a myriad of prospects and opportunities. Strategic and legal decisions hinge on a few core principles and a fundamental question: How best to evaluate and manage the risks and rewards of acquiring distressed assets or troubled companies and the tools available to accomplish the goals.

You'll receive real-world legal and practical guidance
Fundamental considerations (pros and cons) and available alternatives for the potential purchaser of distressed assets
Stock or Asset Acquisitions before, during or after a bankruptcy proceeding;
The Fourteen Steps of the 363 Sales process, and the bankruptcy priority scheme;
Bidder protection devices;
Dealing with executory contracts in the process;
Credit bid rights; and
Sales free and clear of liens

Thomas J. Salerno
Squire Sanders & Dempsey
Thomas J. Salerno is a partner in, and co-chair of, the Reorganization and Restructuring Group in the Phoenix office of the international law firm of Squire, Sanders & Dempsey. He also serves as chair of the firms International Insolvency Practice Group. For more than 20 years, he has represented creditors committees, debtors, lenders and other parties in complex Chapter 11 reorganizations involving public debt and equity securities throughout the U.S. He also has represented parties in insolvency proceedings in the Czech Republic, Switzerland, Germany and the United Kingdom.

He has written or co-authored several books, including The Executive Guide to Corporate Bankruptcy, published by the Beard Group. He has been included in The Best Lawyers of America since 1992 and was named one of 12 Outstanding Bankruptcy Lawyers by Turnarounds & Workouts.

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Counterparty Risk and Valuation

Wed Mar 10 06:00:01 EST 2010

Title : Counterparty Risk and Valuation

Protect Yourself When Financial Institutions Fail

Real-world legal and practical advice to parties facing major exposure to failed (or failing) financial institutions.

The Audio CD (recorded mid-March 2009) draws on the speakers' extensive legal and financial advisory experiences -- fresh from the recently dug battle lines along Wall Street.

Using a multi-disciplinary team approach used for their clients, the panel of legal and financial experts examines ways derivative counterparties and other creditors can manage their exposure through:

                - Recognizing the signposts of counterparty credit risk - when and how to manage exposure through contract modification and enforcement of rights.

                - Collateral management and valuation - what is enough, what is it worth, and is it safe? What are your rights?

                - U.S. Bankruptcy Code  "safe harbor " provisions - do they apply to your contract, and what do they really provide for close-out, set-off and netting?

                - Maneuvering through close-out valuations - what the ISDA form doesn't tell you about early termination calculations, how has the market reacted, what is commercially reasonable  and, how to prepare for valuation disputes.

                - Managing special legal and economic risks in multi-jurisdictional trades - where is your collateral? Whose law applies when an insolvency proceeding is commenced and what does that mean for your contract rights?

Andrea Pincus
Reed Smith LLP
Andrea Pincus joined the law firm of Reed Smith LLP as a lateral partner in February 2008, and is a member of the firms Commercial Restructuring & Bankruptcy Group and the firms Financial Industries Group.

In her practice, Andrea represents hedge funds, banks and other institutional investors, bondholders and trustees, as well as ad hoc and official committees, secured creditors, governmental entities, private individuals and debtors-in-possession in all aspects of Chapter 11 cases as well as out-of-court workouts involving private and publicly-held companies.

In the related areas of capital markets and structured finance, Andrea represents hedge funds, banks and other financial institutions in connection with distressed investing strategies, structured debt, and derivative transactions based on ISDA documentation, with a particular focus on credit default swaps and valuation disputes.

Andrea is member of 100 Women in Hedge Funds, a global association of women in the hedge fund industry, and serves on its Philanthropy Committee and Governance Committee. In addition, she is a member of the American Bankruptcy Institute as well as the Turnaround Management Association.
J. Andrew Rahl
Reed Smith LLP
Andy is Co-Leader of Reed Smiths Commercial Restructuring and Bankruptcy Group and has been active for many years in the representation of financial institutions and other clients in bankruptcy and restructuring matters; structured finance, derivatives and other distressed complex financial instruments; DIP and mezzanine lending; mergers, acquisitions; sales and liquidations; and the ongoing activities of companies acquired by institutional clients for their investment portfolios.

Andy has led more than 50 constituency engagements in the past ten years. His bankruptcy and restructuring constituency engagements in the last four years alone have included: Owens Corning, DVI, Sleepmaster, Kasper ASL, Avado Brands, Pierre Foods, Evercom, Equus Gaming (El Comandante), Syratech, Key Energy, MedQuest, United Rentals, Georgia-Pacific, Navistar, PHH Corporation, CSK Automotive, Novelis Inc. and First Data Corporation.

Andy has been named one of the nations Outstanding Bankruptcy Lawyers six times in the last eight years by Turnarounds & Workouts and in May, 2007 he was named one of the Top Bankruptcy Lawyers by The Deal. He has published a number of articles and is also a frequent speaker and lecturer throughout the United States and in Europe, with more than 50 speaking engagements in the last ten years, including 14 as a conference chair or co-chair. He is also quoted frequently in the financial press on bankruptcy, restructuring and related investment matters.
Phil Weeber
Chatham Financial
Phil leads Chatham Financials Special Situations Group and has been active for many years in advising public corporations and private investment funds about risk assessment and derivative strategy consulting/execution. He has advised on over 2,000 interest rate and currency transactions, subsequently executing more than $70 billion of derivatives positions over the past six years.

He has also been involved in more than 30 CDO securitizations. His clients have included: Blackstone, Capital Trust, DLJ Real Estate Partners, LNR Property, Northstar, Tishman Speyer, Toys R Us, VNU, and Westbrook Partners.

Phil is currently involved in securitization workouts, derivatives valuations for litigation/dispute resolution, distressed debt fund hedging, and implementing initial hedging strategies for newly formed public REITs focused on the purchase of Agency debt.

Regulatory Capital and Financial Institutions Today

Wed Mar 10 06:00:01 EST 2010

Title : Regulatory Capital and Financial Institutions Today

Regulatory Capital and Financial Institutions Today

Live 90-minute telephone conference with interactive QandA session  unlimited enrollment per call-in site.

Is the US framework for regulating depositary institutions, based in part on regulatory capital measures, prudent and effective?

During the past few months financial institutions have had much of their capital eroded by write-downs, triggered, at least in part, by fair-value accounting.  And government emergency measures have directly injected capital.

The seminar will debate potential regulatory reforms, including:

    * The future of Basel II;
    * Capital ratios and risk weighting;
    * Recent investor focus on tangible common equity instead of capital ratios;
    * The effect of fair value accounting on financial institutions;
    * Capital treatment for various securities issued as part of the government emergency measures, including CaPP and CAP;
    * The performance of hybrid instruments during the downturn and the questions raised for issuers, bankers and rating agencies;
    * Foreign initiatives relating to regulatory capital; and
    * Considerations for Tier 1 instruments, including mandatory convertibles.

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Adriaan Van Der Knaap
UBS Securities LLC
Adriaan Van Der Knaap is a Managing Director and Head of the FIG Client Solutions and Restructuring Group at UBS Investment Bank. He is responsible for the creation and execution of structured solutions and restructurings to financial institutions including banks, insurance companies and finance companies. Before joining UBS in September 2002, Adriaan was head of Product Development for the Americas at Merrill Lynch. He started his career in investment banking as a member of the Capital Structuring team at Citibank in Amsterdam, London and New York. Throughout his career, he has been responsible for many innovative transactions for financial institutions in the Americas, Europe and Asia. Adriaan has a Master's degree in Economics and Taxation from the Erasmus University in Rotterdam, The Netherlands.
Oliver Ireland
Morrison Foerster
Oliver Ireland is a Partner in the Financial Services Practice Group in Morrison & Foersters Washington, D.C. office.

Mr. Irelands practice focuses primarily on retail financial services including electronic commerce, compliance with Federal Reserve regulations, including Regulations Z and E, compliance with the Gramm-Leach-Bliley Act privacy provisions, the Fair Credit Reporting Act, E-SIGN, the U.S. PATRIOT Act and telemarketing rules. His practice also includes all types of payment transactions, including compliance with NACHA rules, bank regulatory issues and other aspects of financial markets such as margin lending.

Prior to joining the firm, Mr. Ireland served as Associate General Counsel of the Board of Governors of the Federal Reserve System, Vice President and Associate General Counsel of the Federal Reserve Bank of Chicago, and Attorney for the Federal Reserve Bank of Boston. In his capacity as Associate General Counsel of the Board of Governors of the Federal Reserve System, Mr. Ireland was responsible for drafting or interpreting numerous Federal Reserve Board regulations including the Gramm-Leach-Bliley privacy rules, rules implementing the Expedited Funds Availability Act, rules on margin requirements, money laundering, capital requirements, reserves and interest on deposits. Mr. Ireland was also a frequent speaker both domestically and internationally and has given Congressional testimony to present the Boards position and policies. Mr. Ireland has also authored articles on financial services issues ranging from electronic commerce to tools for conducting monetary policy. He has been named one of Washingtons top banking and privacy lawyers by the Washingtonian magazine (2004) and he is listed in The Best Lawyers in America (2006 2009) and Washington DC Super Lawyers (2008) as a leader in the field of banking law. He was named a leading lawyer in financial services law in the Chambers USA Guide to America's Leading Business Lawyers put out by Chamber & Partners Publishing (2006-2008).

Mr. Ireland received his B.A. from Yale University in 1970 and his J.D. from the University of Texas School of Law in 1974. He is admitted to practice in the states of Massachusetts, Illinois, and the District of Columbia.
Thomas A. Humphreys
Morrison Foerster
Thomas A. Humphreys is a partner in the Tax Department in the New York office of Morrison & Foerster LLP. He is the head of its Federal Tax Practice Group as well as co-chair of the Tax Department. Mr. Humphreys has extensive experience with the tax aspects of capital markets transactions, financial instruments, real estate investment trusts, mortgage and asset-backed securities, mutual funds, mergers and acquisitions and international transactions.

Mr. Humphreys has worked with investment banks and issuers on developing new financial products for over 25 years. In the early 1990s, he advised a major investment bank on the tax treatment of the first derivatives securities/structured note shelf program. He has advised investment banks and banks on most of the major capital markets developments in the last decade including trust preferreds, Tier One capital instruments, mandatorily remarketed debt instruments, mandatorily exchangeable debt instruments, and contingent convertible bonds. He currently works with several banks and investment banks on developing new capital markets products involving equity, debt and preferred stock.

Mr. Humphreys is an adjunct professor of law at New York University where he teaches Taxation of Financial Instruments in the LL.M. program. He is the author of Limited Liability Companies and Limited Liability Partnerships , published by Law Journal Seminars-Press. He is a frequent speaker on financial instruments topics before various audiences including the AICPA and the Structured Products Association.

Mr. Humphreys is currently a member of the faculty of the European Tax College in Brussels, Belgium, where he teaches a seminar on the U.S. Taxation of Financial Instruments. He has previously served as chairman of the American Bar Associations Section of Taxation Committee on Regulated Investment Companies, co-chair of the New York State Bar Associations Committee on Financial Intermediaries, Tax Section Committee on Financial Instruments, Committee on Financial Institutions and Committee on Pass-Thru Entities. He is also a former member of the New York State Bar Associations Tax Section Executive Committee.

Mr. Humphreys received his A.B. from the University of California at Los Angeles in 1974, his J.D. from the University of California Hastings School of the Law in 1977 and he received his LL.M. in Taxation from New York University Law School in 1979. He is a member of the bars of California and New York.

Fair Market Value of Physician Services

Wed Mar 10 06:00:01 EST 2010

Title : Fair Market Value of Physician Services

Latest Trends, Newest Concerns, Best Solutions

The growth in physician practice acquisitions  coupled with increasing demand for payments related to medical directorships, call coverage and non-clinical services  make determining the fair market value of physician compensation more critical (and complex) than ever.

Now two of the nation's top authorities on the valuation of compensation  Jeff Sinaiko and Greg Endicott of Sinaiko Healthcare Consulting  demystify the valuation process for physician services and equip you to better manage the negotiation process, achieving superior results and relationships along the way.

With this Audio CD (recorded September 2006), you will examine

Benchmarking physician compensation agreements  how to make sure you're paying fair market rates
Compensation challenges and solutions related to practice acquisitions
Restricted and unrestricted call coverage  latest outlook
Payments for administrative services
Trends in compliant compensation structures  are you at risk?
Other important valuation issues  especially ones that can make or break arrangements such as joint ventures and management services agreements

Who Will Benefit:
This practical program is designed for hospital and physician business leaders, CEOs, CFOs, healthcare attorneys, and business development executives.

J. Gregory Endicott, CPA/ABV, ASA
Sinaiko Health Consulting, Inc.
J. Gregory Endicott, CPA/ABV, ASA, is the Managing Director of Valuation Services for Sinaiko Healthcare Consulting. An experienced financial consultant with extensive business valuation experience in the healthcare industry, Greg is responsible for all aspects of Sinaiko's valuation practice. He joined Sinaiko after serving as an Associate Managing Director of Kroll, Inc., and as a Consulting Manager for Arthur Andersen LLP. Greg has performed a substantial number of valuations for compensation arrangements, acquisitions, divestitures, joint ventures, tax planning, corporate reorganizations and financial reporting.
Jeff Sinaiko
Sinaiko Health Consulting, Inc.
Jeff Sinaiko is President of Sinaiko Healthcare Consulting, Inc., in Los Angeles. He has extensive experience in advising on complex transactions, practice operations, compliance improvement projects and strategic issues, especially in the areas of hospital/physician and for-profit/not-for-profit relationships. Jeffs clients include hospitals, health systems, medical groups, ancillary service providers and other healthcare provider businesses. He also assists such clients with strategic business development projects.

Executive Compensation: Disclosure Under the Newly Proposed SEC Rule Amendments

Wed Mar 10 06:00:01 EST 2010

Title : Executive Compensation: Disclosure Under the Newly Proposed SEC Rule Amendments

In July 2006, the SEC enacted the most sweeping changes to executive compensation disclosure rules in more than 14 years. These new rules impact the disclosure of executive and director compensation for all public companies.

A clear, more complete understanding of the changes, including --

- An analysis of each of the rules' five principal areas:
Compensation discussion and analysis
Summary compensation table
Equity awards tables
Retirement/deferred compensation
Director compensation

- Whether and how "disclosure" changes will affect executive compensation design

- Why it is important to differentiate filed from furnished disclosure

- Whether your company should be preparing this year's proxy statement differently in light of these new rules

- How the new rules may impact related party transactions/director independence

- How the new rules change Form 8-K

- And more

Keith Bishop
Buchalter Nemer
Keith Bishop is a shareholder in the Irvine, California office of Buchalter Nemer, where he practices corporate and securities law. He has previously served as California's Commissioner of Corporations as well as General Counsel to the California Business, Transportation & Housing Agency.

In 1991, Keith was named to the California Senate Commission on Corporate Governance, Shareholder Rights and Securities Transactions. He has previously served as Co-Chair of the Corporations Committee of the Business Law Section of the California State Bar and Chairman of the Business and Corporate Law Section of the Orange County Bar Association. He is also an adjunct Professor of Law at Chapman University Law School in Orange, California.
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Mark Kaz Kazmierowski
Hewitt Associates
Mark Kaz Kazmierowski is an executive compensation consultant at Hewitt Associates in the Talent and Organization Consulting line of business based in Hewitts San Francisco office. He has over 10 years of consulting experience covering a wide range of executive, broad-based employee, and Board of Director compensation issues.

Kaz consults with management and the Board of Directors on the development of total compensation strategy and the design of cash- and stock-based compensation programs at public and private companies in financial services, consumer products, technology, biotechnology and manufacturing industries. Recent engagements include compensation consulting at The Charles Schwab Corporation, The Clorox Company, Chordiant Software, Covad Communications, Del Monte Foods Company, Komag, Inc., JDS Uniphase, Levi Strauss & Company, LifeMasters, McData Corporation, McKesson, PACCAR, and Perlegen Sciences.
Nancy Wojtas
Cooley Godward LLP
Nancy Wojtas is a partner in the Business department of and chair of the Public Securities Group at Cooley Godward LLP. She began her career with the Securities and Exchange Commission, in the Division of Market Regulation, and later served as Counsel to the Chairman of the Commission. She is a former Co-chair of the Corporations Committee of the Business Section of the California State Bar, and currently serves as a member of the State Bars Opinions Committee.
Nancy serves as counsel to public and private companies in connection with corporate governance, acquisitions, dispositions, mergers, private and public offerings, joint ventures, venture capital and bank financings, and going private transactions.

Identifying and Managing Conflicts-of-Interests in Healthcare and Research

Wed Mar 10 06:00:01 EST 2010

Title : Identifying and Managing Conflicts-of-Interests in Healthcare and Research

If you attended the conference, click here to access the post-event survey: " target=_new>http://www.surveymonkey.com/s.aspx?sm=Kk_2bLQzWSz5jezcl_2bd5wNCA_3d_3d">

Hardly a week goes by without reading, hearing or watching news stories about conflicts of interests (COI) in healthcare and research.

On the heels of these notorious reports, Congress is considering legislation which, if passed, will require increased public disclosure of significant financial interests among physicians and researchers, and add substantial administrative burdens to hospitals and physicians, universities, academic medical centers, as well as the pharmaceutical, biotech and medical device industries.

In this audioconference, we will:

-Dissect a recent case of healthcare and research COI in the news.
-Review existing regulations and the importance of developing comprehensive and effective Policies and Procedures to remain compliant
-Discuss effective strategies for identifying significant COI
-Learn how to develop appropriate and effective COI Management Plans
-Discuss the options available for Information Technology solutions for COI management
-Provide an update on impending regulatory changes

Stuart Horowitz
Huron Consulting Group
Stuart is a Managing Director at the Huron Consulting Group and has more than 20 years of experience establishing and managing research operations in the biomedical and clinical sciences. Prior to joining Huron, he was the Director of the Miami Children's Hospital Research Institute where he established and implemented a human research protection program and reorganized the IRB. He also developed and implemented policies and procedures for all clinical research activities, including cooperative groups, investigator-initiated research, and corporate-sponsored research.

At Huron, Stuart works with clients on establishing and improving all aspects of clinical research operations and research compliance in a variety of areas, including:
Human Research Protections
Compliance with Federal Research Contracts
Clinical Research Billing
Time and Effort Reporting
Laboratory Animal Welfare

Stuart is a frequent speaker at national and regional industry conferences on a variety of topics related to clinical research operations and compliance, for executives of pharmaceutical and medical device companies and contract research organizations, as well as administrators of universities, hospitals and academic medical centers.
Thomas Bechert
Huron Consulting Group
Toms background includes clinical research management and operations experience within university, community hospital, and academic medical center settings. His project experience has been focused on Institutional Review Board (IRB) administration, accreditation of human research protection programs, regulatory compliance evaluation, and clinical research infrastructure development.

Representative examples of Toms engagement experience include:
Managing the AAHRPP (Association for the Accreditation of Human Research Protection Programs) accreditation processes at three childrens hospitals, including two of the nations largest.
Supervising the day-to-day activities of clinical research coordinator staff within a pediatric research institute. Activities included protocol development and IRB submission, trial budgeting and billing, sponsor audit preparation and management, and coordinator training.
Directing the clinical research operations of a community hospital system, including new study initiation activities, budgeting, contract development, Medicare coverage analysis, and clinical research charge capture.
Assessing clinical research programs and IRB activities to identify opportunities for infrastructure and process improvement at six institutions, including an independent commercial IRB. These assessments included policy and procedure review as well as extensive client interviews aimed at assessing consistency between policy and practice.
Developing comprehensive institutional policies as well as institutional and departmental standard operating procedures (SOPs) for human research protections, IRB review processes, and IRB administration at five institutions.

Tom is a Certified IRB Professional (CIP) and also has his Certification in Healthcare Research Compliance (CHRC).

Exempt and Hybrid Securities Offerings

Wed Mar 10 06:00:01 EST 2010

Title : Exempt and Hybrid Securities Offerings

Exempt and Hybrid Securities Offerings

Live 90-minute telephone conference with interactive QandA session  unlimited enrollment per call-in site.

Anna T. Pinedo
Morrison Foerster
Anna T. Pinedo has concentrated her practice on securities and derivatives. She represents issuers, investment banks/financial intermediaries and investors in financing transactions, including public offerings and private placements of equity and debt securities, as well as structured notes and other structured products. Ms. Pinedo works closely with financial institutions to create and structure innovative financing techniques, including new securities distribution methodologies and financial products.

Ms. Pinedo has particular financing expertise in working with companies in the areas of technology, telecommunications, life sciences and healthcare, REITs and consumer finance. She also has worked closely with foreign private issuers in their securities offerings in the United States and in the Euro markets.

In the derivatives area, Ms. Pinedo counsels a number of major financial institutions acting as dealers and participants in the commodities and derivatives markets. She advises on structuring issues, as well as on regulatory issues and monetization and hedging techniques. Her work focuses on foreign exchanges, equity and credit derivatives products and structured derivatives transactions.
James R.Tanenbaum
Morrison Foerster
James R. Tanenbaum is a partner in Morrison & Foersters New York Office and serves as Chair of the firms Global Capital Markets practice. Mr. Tanenbaum has concentrated his practice on corporate finance and the structuring of complex domestic and international capital markets transactions. He represents issuers, including some of the nations largest financial institutions, underwriters, agents, and other financial intermediaries, in public and private offerings of securities as well as issuers, investment banks, and purchasers in hybrid, mortgage-related, and derivative securities transactions. He has developed some of the most widely used hybrid techniques for the placement and distribution of securities.

Mr. Tanenbaum works closely with leading investment banks to formulate new methodologies for securities offerings and to structure innovative financial products. He has also represented many technology-based companies, including biotech and medical device companies. He is a frequent lecturer on capital markets topics, and has lectured at the Securities and Exchange Commission, SIFMA and at a variety of securities industry groups. Mr. Tanenbaum has been cited as a recommended lawyer for capital markets in the IFLR 1000 Guide to Leading Lawyers, as one of Americas leading lawyers for capital markets debt and equity by Chambers USA and as a recommended lawyer for capital markets and international securities transactions by The Legal 500 United States. He lectures at law schools in the United States and abroad.

Born in New York, NY, Mr. Tanenbaum received his B.A. degree from Lehigh University in 1971, graduating summa cum laude. In 1972, he received his M.A. from Fletcher School of Law and Diplomacy of Tufts and Harvard Universities and received his J.D. in 1975 from the University of Pennsylvania where he was an Editor of the University of Pennsylvania Law Review. Mr. Tanenbaum is a member of the New York Bar.

Mr. Tanenbaum is a member of the Board of Trustees of Lehigh University and the National Chair of the Benjamin Franklin Society of the University of Pennsylvania.

Structuring Ventures between Physicians and Tax-Exempt Hospitals

Wed Mar 10 06:00:01 EST 2010

Title : Structuring Ventures between Physicians and Tax-Exempt Hospitals

Learning to Adapt in the New Environment

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It's a new world out there for business ventures between physicians and non-profit, tax-exempt hospitals.

The current financial downturn and credit crunch, coming on the heels of significant shifts in the rules and policies affecting tax-exempt hospitals and physician self-referrals (Stark Law), has made the physician  tax-exempt hospital joint venture landscape even more complicated. The change in the Administration in Washington likely alters the environment even further.

Get the answers you need and save time, money and frustration by enrolling in this convenient 90-minute audio briefing. Two of the nation's leading healthcare and tax law attorneys will examine the changing landscape of hospital-physician ventures, including strategies for restructuring existing ventures and structuring new ventures to meet the new regulatory requirements while still meeting the underlying business expectations of all parties.

With real-world examples, you'll receive practical guidance  from both the physician and hospital perspectives  on:

Adapting to the new economic environment
Implications of the new IRS Form 990 disclosure requirements and the IRS focus on hospital good governance best practices
Changes to the Stark Phase III regulations (Under Arrangement, click fees and more) issued with the 2009 Inpatient Prospective Payment System rule
The standards that the Internal Revenue Service uses to evaluate ventures between a tax-exempt hospital and non-exempt individuals or entities
Unrelated business income tax (UBIT) considerations
Using facilities financed with tax-exempt bonds
Valuation issues
And more.

Continuing Education Credit:
This program is accredited for 1.50 MCLEs in California, and applications are pending in the states of Texas and Tennessee. Attorneys in New York may receive credit because of the state's reciprocity arrangement with California. For non-attorneys and attorneys practicing in other states, Certificates of Attendance are available upon request.

Jay E. Gerzog
Epstein Becker & Green PC
JAY E. GERZOG is a Member of the Firm in the Health Care and Life Sciences Practice in EBG's New York office. He has more than 14 years of experience in tax, corporate and regulatory matters, with a particular knowledge of tax-exempt and not-for-profit organizations.

In his daily practice, Jay:

* Advises clients on the federal tax implications of structuring affiliations among hospitals, physicians and managed care organizations, including integrated delivery systems, physician-hospital organizations, management services organizations and group medical practices
* Assists health care entities with the federal and state tax and regulatory matters relating to conversions of not-for-profit organizations to for-profit status
* Helps clients obtain and maintain tax-exempt qualification and public charity status, and comply with private inurement and private benefit proscriptions, intermediate sanction and private foundation excise tax provisions, lobbying limitations and state not-for-profit laws
* Advises clients and representing them before the Internal Revenue Service and state regulators on issues regarding complex joint venture and affiliation arrangements, unrelated business income tax issues, grantmaking issues, foreign charitable activities and fundraising, compensation matters, issues relating to endowment funds and restricted gifts, and charitable and planned giving techniques
* Counsels clients on taxation of complex transactions, including corporate restructuring and reorganizations, leveraged buyouts, capital market transactions, stock and asset acquisitions and divestitures, real estate investment trusts and partnership transactions.

Jay has written many articles and lectures frequently on topics related to tax and corporate issues affecting tax-exempt and not-for-profit organizations.
Philip M. Gassel
Epstein Becker & Green PC
PHILIP M. GASSEL is a senior Member of the Firm in the Health Care and Life Sciences Practice in EBG's New York office. Mr. Gassel has more than 30 years of experience as a health lawyer and represents a broad range of proprietary and not-for-profit health care clients, including hospitals and health care systems, ambulatory care facilities, physician group practices, management services organizations, life-sciences companies, provider networks and post-acute/long term care providers.

He also provides legal representation and advice to private equity and other financial services firms and their corporate counsel. His experience includes:

* Joint ventures and affiliations,
* Mergers and acquisitions,
* Federal and state self-referral, fraud & abuse and regulatory compliance,
* Medical group development and consolidation,
* Not-for-profit and for-profit corporate legal affairs and governance,
* Internal investigations and voluntary disclosure,
* Federal and state fraud investigations,
* Certificate of need and licensure,
* Health care due diligence and
* Facility development and tax-exempt financings.

Phil was a founding member of the Firm's Health Care and Life Science Practice Steering Committee, which sets strategic direction for one of the largest health law practices in the United States. He also lectures and publishes articles on health law topics, most recently chapters on New York law for two forthcoming American Health Lawyers Association publications, one dealing with Long Term Care Certificate of Need and Licensure and the other dealing with State Fraud and Abuse Statutes and Regulations.

Evaluating Patent Investments

Wed Mar 10 06:00:01 EST 2010

Title : Evaluating Patent Investments

Identify and Evaluate Patent Investments

As investors seek new sources of investment returns, patents have become an area of increased focus and importance.  More and more companies are exploiting their patent portfolios as profit centers, often unlocking hidden values, and investors are looking for ways to capitalize on this trend.

How can you better identify and evaluate potential patent investment opportunities? Learn from David Ruder, your instructor for this 90-minute audio conference (with interactive QandA session), who has been called one of the most innovative minds working in IP today.

Learn from David's extensive experience in identifying and evaluating patents and let him show you:

How patent assets are incorporated into investment strategies, including:
o Equity investing (fundamental and event)
o Opportunistic arbitrage (licensing and litigation)
o Securitization deals
Current approaches to patent analytics
Today's top trends and challenges in patent licensing and litigation
Investments in patent litigation
Impact of recent Supreme Court rulings and potential patent reforms
Insights for patent-rich companies seeking capital

Continuing Education Credit:
Training is accredited for 1.50 MCLEs in California, and applications are pending in Texas and Tennessee. New York has reciprocity with California and Tennessee. For non-attorneys and attorneys practicing in other states, Certificates of Attendance are available upon request.

Who Should Attend:
Managers of private equity firms looking for ways to acquire and commercialize specific IP assets; hedge fund managers seeking to uncover new insights into publicly traded stocks; opportunistic entrepreneurs look for new ways to make money. IP attorneys  including those seeking CLE credit in California, Texas and Tennessee  will also benefit.

SPECIAL OFFER
Save nearly $50 with Audio Conference/Book Learning Package
Save money when you enroll in this audio conference AND purchase Strategies for Investing in Intellectual Property ($79.95 value). Written by your audio conference instructor, this new 154-page book provides an overview of strategies for investing in intellectual property assets of all forms, including patents, copyrights, trademarks, trade secrets, and other rights.

David S. Ruder
Terrier IP Investments, LLC
David S. Ruder has been working with intellectual property investment issues throughout his career as an investment banker, attorney, and intellectual property entrepreneur. In 2007 he established Terrier IP Investments, LLC, a private investment firm focused on intellectual property-based investments in firms backed by private equity and venture capital.

He began his career working as an investment banker on Wall Street, helping companies in the consumer and entertainment sectors raise capital or engage in M&A transactions. Based on early exposure to intellectual property issues, he went on to receive a JD/MBA from Northwestern University with concentrations in technology and intellectual property. He practiced law for a major national law firm, working on intellectual property transactions including patent licenses, software development agreements, and due diligence on private equity buyouts. David also performed IP due diligence for private equity clients who would purchase companies or assets with IP portfolios.

Upon seeing increased interest intellectual property from the investment community, he co-founded River West Brands LLC, where he pioneered a method for acquiring and licensing dormant consumer brand intellectual property. He completed transactions with several Fortune 500 companies in the consumer sector relating to the sale, licensing, and acquisition of brand intellectual property assets. Example transactions include the acquisition of the NUPRIN brand of ibuprofen from Bristol-Myers and the later sale of the brand to CVS Corporation; the acquisition of intellectual property relating to the COLECO video game brand; and the acquisition of the SOHO NATURAL SODA brand and its license to Arizona Beverage Co. While at River West, David formed a strategic alliance with Ocean Tomo, LLC, which was then a startup intellectual capital merchant bank. He helped form Ocean Tomos M&A advisory practice, which was focused on advising companies how to position their patent portfolios and other IP assets in the context of raising financing or forming joint ventures.

David is also a co-founder of Adaptive Alpha LLC, which is a research and development company focused on developing inventions and understanding risk in the asset management industry. Adaptive Alpha has authored several papers and has begun building a patent portfolio around its work. Most recently, David has been a consultant to Altitude Capital Partners, which is focused on investments in businesses with compelling intellectual property litigation portfolios.

Healthcare Fraud Fundamentals

Wed Mar 10 06:00:01 EST 2010

Title : Healthcare Fraud Fundamentals

What You and Your Staff Need to Know about the Federal False Claims Act

Protect Your Organization from Penalties, Whistleblower Actions, and Loss of Medicare/Medicaid Reimbursement

After a record year of enforcement ($1.3 billion in settlements in 2006 from hospitals and health systems), federal and state agencies are developing even more resources to attack healthcare fraud.

Do you and your staff understand your risks and have a solid compliance program in place?

Invest in this Audio CD (recorded November 2007) to learn how even inadvertent actions can trigger fraud allegations. Your instructors will look at both sides of the law  providing a plaintiff's view and a defendant's view  as they walk through the False Claims Act and the examine the key provisions every healthcare executive, compliance officer, and legal counsel should know.

You'll learn:
How the False Claims Act has evolved as a weapon for federal enforcement
What types of enforceable actions fall under the False Claims Act
Level of intent required under the False Claims Act
Potential consequences of violating the law
Role  and power  of whistleblowers
What procedures apply in a False Claims Act case
Common defenses to False Claims Act allegations
Protections for employees
Protections for employers: defending retaliation claims

Who Should Attend:
This practical program is designed for in-house and private attorneys, executive officers, healthcare compliance officers, and others who must advise and protect their clients, institutions and themselves from False Claims Act allegations and fraud and abuse risks.

B. Scott McBride
Baker Hostetler
Scott McBride focuses his practice on the healthcare industry. He represents hospitals, academic medical centers, physician groups and other healthcare clients in federal and state regulatory matters with an emphasis on compliance and fraud and abuse laws. He represents clients in False Claims Act litigation and complex fraud investigations, as well as matters related to civil monetary penalties, Stark and anti-kickback laws, corporate oversight, and exclusion from participation in federal healthcare programs. He counsels clients in comprehensive compliance matters, including analyzing and advising clients on internal investigations, self-disclosures and repayment matters. He also counsels various healthcare entities in the implementation, operation, and review of corporate compliance plans.

Scott advises clients on Medicare, Medicaid, and other government reimbursement, coverage and payment laws and regulations. He represents and counsels hospitals, academic medical centers, clinics, physician groups, and other clients regarding various issues, including matters involving: FDA compliance; clinical trials; grant compliance; investigational devices; overpayments; false claims; Stark law; anti-kickback; charity care; FQHC requirements; provider-based requirements; direct and indirect graduate medical education; teaching physician rules; conditions of participation; and other billing and payment issues.

He represents physician groups, hospitals, and other clients in business transactions and financial arrangements, including joint ventures, residency programs, billing services, physician recruitment, professional services and other contracted services.

He also represents clients in healthcare matters before state and federal agencies and through administrative appeals. He has represented clients in administrative appeals on issues related to disproportionate share payments, licensing, teaching physician billing, clinical laboratory rules and EMTALA.

Scott has been named a "Texas Rising Star" since 2004 by Law & Politics and the publishers of Texas Monthly. He was named as an "Outstanding Fraud and Compliance Lawyer" in 2005 and as an "Outstanding Young Healthcare Lawyer" in 2004 by Nightingale's Healthcare News.

He is a member of the American Health Lawyers Association, the Healthcare Financial Management Association, the Health Care Compliance Association, the State Bar of Texas, and the Houston Bar Association. He has served as a past Director and is the current President 2006-2007 for the Texas Gulf Coast Chapter of HFMA.
Daniel W. Packard
Packard, Packard & LaPray
Daniel W. Packard is a partner with the Beaumont, TX, law firm of Packard, Packard & LaPray. His practice covers Qui Tam issues as well as medical malpractice, nursing home negligence, serious injuries, and employment law. He is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Handling Complex Chapter 11 Restructuring Issues

Wed Mar 10 06:00:01 EST 2010

Title : Handling Complex Chapter 11 Restructuring Issues

Significantly underfunded pensions, crippling retiree medical obligations, substantial intercompany claims, complicated debt structures, and massive numbers of asbestos and other tort claims are just a few of the difficult issues that have the potential, by themselves, to derail a successful restructuring.

Invest in this Audio CD (recorded May 2007) for a discussion with Greg Gordon and Dave Heiman, partners in the Business Restructuring and Reorganization Practice of Jones Day, about strategies for handling the myriad challenges that can arise in a complex restructuring case.

You'll examine:

How to restructure debt guaranteed by affiliates, debt incurred by different affiliates or groups of affiliates, and structurally or contractually subordinated debt

How to resolve pension and retiree medical liabilities established under collective bargaining agreements or otherwise

How to tackle the inevitable intercompany claim issues that arise in filings by companies with multiple affiliates

How to prevent the existence or prospect of substantial litigation from delaying the restructuring process

How to protect assets in foreign jurisdictions and preserve the value of foreign operations

How to permanently insulate a company from present and future mass tort liabilities, including asbestos liability

How to promote consensus on, and achieve confirmation of, a plan of reorganization that resolves all issues

Who Will Benefit:
Restructuring and bankruptcy professionals, including attorneys, financial advisors and crisis and turnaround managers. Lenders and investors in distressed businesses, including financial institutions, hedge funds and private equity funds. Executives and members of the Board of financially troubled companies, including companies with mass tort liability. Labor law and pension and benefits professionals with clients in financial difficulty.

David G. Heiman
Jones Day
Dave Heiman is a partner in Cleveland office and concentrates his practice in the representation of debtors, financial institutions, creditors, and other parties in restructuring matters, chapter 11 cases and distressed M&A, and in commercial litigation and general commercial law.

Dave has played a key role in many of the country's largest chapter 11 and business restructuring matters such as those for Allied Stores Corporation and Federated Department Stores in their own chapter 11 cases, as well as in the R.H. Macy case; Pillowtex Corp.; Imperial Home Decor Group, Inc.; Phar-Mor, Inc.; Paragon Trade Brands, Inc.; Kendavis Industries; Carmike Cinemas; Allegheny Health, Education and Research Foundation; Olympia & York; USG Corporation; Child World, Inc./Cole National Corporation; Cardinal Industries; and White Motor Corp. In addition, he has represented numerous financial institutions in reorganization matters, commercial transactions, and litigation. The matters in which he currently is engaged include the representation of the respective debtors in USG Corp., LTV Corp., Oglebay Norton Corp., and Burlington Industries, as well as financial institutions and other parties in the chapter 11 cases of Horizon PCS and Horizon Natural Resources, and numerous debtors and creditors in out-of-court restructuring matters.
Gregory M. Gordon
Jones Day
Greg Gordon is a partner in the Dallas Office business restructuring and reorganization practice. His practice is concentrated in the areas of bankruptcy, out-of-court restructurings, and commercial litigation and involves the representation of debtors and creditors, including creditors' committees. Greg has led or played other key roles in Jones Day's representation of companies in a number of large chapter 11 cases and business restructurings, including Kaiser Aluminum Corporation, The Loewen Group, Pillowtex Corporation, Doskocil Manufacturing, Baldwin Builders and Baldwin Building Contractors, Fairfield Communities, Allied Stores Corporation and Federated Department Stores, Kendavis Holding Company, and Oxford Development Corporation.

Greg has substantial experience in bankruptcy-related litigation, including appellate matters, and most recently he has been representing Southern Company in its defense of a $2 billion avoidance action brought by a litigation trust established under the Mirant Corporation confirmed plan of reorganization. Other recent cases include precedent-setting litigation against the PBGC regarding termination of multiple pension plans, successful defense against efforts by a bankruptcy trustee to impose environmental liability on lenders who foreclosed on assets formerly owned by the estate, and the successful defense of an involuntary bankruptcy petition filed against Allied Riser Communications Corporation. Greg has been involved in numerous sales, via auction or otherwise, of single and multiple assets and businesses of chapter 11 debtors, both on behalf of the debtor/seller and the third-party acquirer.

Equitable Subordination and Recharacterization

Wed Mar 10 06:00:01 EST 2010

Title : Equitable Subordination and Recharacterization

Claims Protection Strategies for Creditors, Lenders and Traders

Learn about important developments in equitable subordination and recharacterization law.

This 90-minute Audio CD recording (recorded January 2007)  which includes detailed written materials  will provide you and your staff with vital training on equitable subordination under Section 510(c) of the Bankruptcy Code. In addition, you'll examine the equitable remedy of recharacterization of debt to equity.

You'll discover:

Key differences between the two remedies
Circumstances under which each is imposed
3 conditions required to equitably subordinate a claim
How insider status affects the application of each remedy
Why lenders must be particularly wary of recharacterization risk
No-Fault Equitable Subordination  why and when a court might impose the remedy of equitable subordination, even in situations where a creditor has not engaged in any inequitable conduct

In addition, you'll examine major new case law impacting each remedy, including:

Enron Corp. v. Avenue Special Situations Fund II, a case of special interest to claims traders. The Enron bankruptcy court held that a claim of a creditor engaged in inequitable conduct remains subordinated in the hands of a good faith purchaser who has no knowledge and no reason to suspect the seller had acted improperly,
Merrimac Paper Co. v. Harrison (In re Merrimac Paper Co.), a recent "no-fault equitable subordination" decision. The Court of Appeals overturned a lower court decision based on existing precedent, holding that claims founded on notes issued in connection with the redemption of equity interests cannot be automatically subordinated under the Bankruptcy Code solely on the basis of their intrinsic nature.



Evan C. Hollander
White & Case
Evan C. Hollander is a partner with White & Cases bankruptcy and restructuring group in New York City. He regularly represents both debtors and creditors in complex Chapter 11 cases and out of court restructurings as well as parties interested in acquiring assets of troubled companies. Evan's practice also focuses on the structuring of commercial transactions to reduce or eliminate risk and on the preparation of insolvency related legal opinions.

Recent representations include: numerous aircraft finance parties in the Northwest Airlines and Delta Airlines bankruptcy cases; Deutsche Bank Trust Company Americas, as Administrative Agent in respect of the restructuring of two credit facilities secured by sixteen Boeing 747 freighter aircraft operated by Atlas Air, Inc.; Wilmington Trust Company, in its capacity as Indenture Trustee for in excess of $24 billion of senior unsecured WorldCom bonds and as a member of the Official Committee of Unsecured Creditors in the WorldCom bankruptcy; BNY Western Trust, as Indenture Trustee for in excess of $3.6 billion of First and Refunding Mortgage Bonds of Pacific Gas and Electric Company; the senior secured lenders of The Resort at Summerlin, L.P., the owner and operator of The Regent Las Vegas, a luxury hotel, casino and spa complex in Las Vegas, Nevada; Environmental Systems Products Holdings, Inc., a multinational emissions testing and equipment manufacturer in the out-of-court restructuring of in excess of $600 million of senior secured and unsecured subordinated debt obligations of the company, and in the subsequent refinancings of the restructured debt; the debenture holders of Innovative Clinical Solutions, Ltd., a publicly traded clinical trials and healthcare network management company in connection with the company's pre-packaged Chapter 11 plan; the senior secured lenders of InaCom Corp., which had been a leading single-source provider of information technology products and technology management services, in the company's liquidating Chapter 11 case; the senior secured lenders of Philip Services, Inc., in the US/Canadian restructuring of the integrated metals recovery and industrial services company pursuant to Chapter 11 of the U.S. Bankruptcy Code and the Canadian Companies Creditors' Arrangement Act; and International Wireless Communications Holdings, Inc., an owner of interests in various cellular and other wireless telecommunications companies in Asia and Latin America in its Chapter 11 reorganization.

New Stark Phase III Final Rules

Wed Mar 10 06:00:01 EST 2010

Title : New Stark Phase III Final Rules

Impact and Changes on Hospital-Physician Relationships

Learn -- directly from CMS and top legal analysts -- how the new rules could require restructuring some existing arrangements.

The Phase III Final Rule makes certain modifications and refinements to the self-referral prohibition that could require restructuring of certain existing arrangements and limit your ability to implement others.

With this Audio CD (recorded in September 2007), let a trio of the nation's leading healthcare attorneys  along with senior CMS representatives Donald Romano and Lisa Ohrin -- summarize the new Stark rules, answer your questions, and get you and your colleagues up to speed quickly on the changes contained in Stark III, including

Key changes from the Phase II rules issued three years ago
Changes affecting group practice arrangements
Enhanced flexibility for structuring compensation arrangements in areas where physicians are needed
Clarifications of CMS's interpretation of the existing regulations
Latest CMS perspective on determining Fair Market Value
Updates on Safe Harbors and Exceptions
Relief for inadvertent violations under certain circumstances
Reduced regulatory burden for compliance with certain exceptions
Key items needed in written agreements to protect yourself

Chairman: Norton L. Travis
Garfunkel, Wild & Travis, P.C.
Norton L. Travis is a founding member of the healthcare law firm, Garfunkel, Wild & Travis, P.C. Since 1980, his practice has been devoted solely to representing health care clients, and has focused primarily on transactional matters, including mergers and acquisitions, joint ventures, and related corporate matters.

As Chair of the firms Business Practice Group, Mr. Travis represents both regional and national companies active in diagnostic testing, managed care and other areas. He has also assisted many hospitals in joint ventures with outside businesses to maximize third-party revenue opportunities, while ensuring compliance with state and federal regulatory and tax exemption requirements. His role includes providing assistance on day-to-day operations and business strategies that support his clients growth and development. Mr. Travis also provides counsel on regulatory compliance (e.g., state and federal fraud and abuse, anti-kickback and self-referral laws), antitrust, and third-party reimbursement, as well as other key issues affecting health care businesses. Mr. Travis is listed in the 2006 and 2007 edition of The Best Lawyers in America under the specialty of Health Care Law as well as being recognized by the Chambers USA Guide.
Donald H. Romano
Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.
Hayden S. Wool
Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
Lisa Ohrin
Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues.

Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
Steven J. Chananie
Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

Medical Malpractice Audits

Wed Mar 10 06:00:01 EST 2010

Title : Medical Malpractice Audits

Preventive Medicine for Your Financial Health and Reputation

Medical malpractice claims cost the healthcare industry more than $4.4 billion in 2006  not counting the accompanying increase in malpractice insurance premiums. Can hospitals proactively prevent these damaging blows to their financial health and reputations?

The answer is yes. In most situations, hospitals and their physicians can dramatically reduce their malpractice exposure through precautions and procedures undertaken as part of a facility or system-wide malpractice audit.

Learn the steps for conducting effective medical malpractice audits from Samuel H. Steinberg, nationally known expert and former hospital administrator. During this 90-minute audio briefing presented by the Beard Group (publishers of Nightingale's Healthcare News), Sam will share dozens of lessons learned from hospital audits he has led, spotlight problems you can prevent with proper management controls, and outline specific actions for reducing your risks.

Enroll today and plan to gather an unlimited number of your risk management and medical safety team members around the speakerphone in your conference room.

You'll discover:
Audit trail planning and strategy  who should be involved

Types of operations, data and procedures you need to audit

Why the malpractice prevention starts at the top  and how to get your hospital leaders involved

How to use the credentialing process to spot potential problems in advance

Steps for identifying internal policies and procedures that need to be reviewed  or developed if not already in place

Importance of an approval process for new procedures and technology, including who should be involved in such approvals

Establishing an effective incident reporting system

Do's and don'ts for using physician and nursing contract services

Roles of risk managers and nursing staff

Lessons learned from other hospitals' mistakes

And much more

Participation in the audio conference is easy: just register, then dial in by phone the day of the event. No need to download complex software or reconfigure your computer.

Your tuition investment is per dial-in, so gather your team in your conference room for maximum benefit!

Early-Bird Registration Discount
Register by Thursday, October 4 and save $100 off the regular tuition. Tuition is $195 prior to October 4; $295 afterwards.

Samuel H., Steinberg, Ph.D., FACHE
Health Strategies & Solutions, Inc.
Samuel H. Steinberg, Ph.D., FACHE, is Senior Associate Consultant for Health Strategies & Solutions, Inc. He has had a distinguished career in healthcare, including senior management positions with five academic medical centers and faculty positions with five colleges and universities. Most recently, he has been a consultant and expert witness for a variety of the nations top healthcare organizations.

Sam has been performing hospital malpractice reviews for nearly 20 years and has evaluated more then 25 organizations of all types, including academic medical centers, multi-hospital systems, and urban and rural hospitals across the United States. He also has established and managed captive insurance companies and has worked extensively with the London and Cayman Island re-insurance markets

As chief operating officer (deputy chair) of the Department of Medicine at Temple University School of Medicine, Sam reorganized the departmental administrative structure improving clinical operations, increasing collections, and reducing accounts receivable. He also participated in the development and implementation of the Temple University physicians strategic and marketing plans. During his seven-year tenure as executive vice president and chief operating officer at the Philadelphia College of Osteopathic Medicine, Sam managed $100 million in new construction and renovation to rebuild the entire campus. He also created a captive insurance program resulting in over $10 million in savings.

In addition, he has managed the planning and construction of several new ambulatory care facilities, created a successful physician-hospital organization to market faculty services, and developed a business and marketing plan for a healthcare search firm. He is a fellow of the American College of Healthcare Executives and the College of Physicians of Philadelphia, and a member of the Administrators of Internal Medicine and Medical Group Management Association.

Reverse Mergers the New IPO?: How to Win the Shell Game and Protect Your Reputation in the Process

Wed Mar 10 06:00:01 EST 2010

Title : Reverse Mergers the New IPO?: How to Win the Shell Game and Protect Your Reputation in the Process

Reverse Mergers the New IPO?

You and an unlimited number of your staff will discover:

http://www.beardaudioconferences.com/bin/download_file.pl?filename=Speaker_Presentation_Materials.ppt ">Download Speaker Materials Here

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What reverse mergers areand how they've shed their bad reputation
Why there has been such a dramatic increase in the popularity of reverse mergers
Why reverse mergers have replaced the IPO for smaller companies
How does the market for shell companies work?
Why hedge funds and PIPE investors have been such key playersand who is replacing them in difficult times
How to spot bad shellsit's not as easy as you might think
How changes in SEC rules have increased the legitimacy and popularity of reverse mergers
How "self-filings" without a shell have increased in popularity
How clean "Form 10" shells have proliferated

David Feldman
Feldman LLP
David N. Feldman is a founding Partner of Feldman LLP. His practice focuses on corporate and securities matters and general representation of public and private companies, investment banks, private equity firms and high net worth individuals.

David is considered one of the country's leading experts on reverse mergers, in which a private company becomes publicly traded through a merger with a publicly held "shell" company. His book on the subject, Reverse Mergers: Taking a Company Public Without an IPO (Bloomberg Press) was published in 2006, and has since entered its third printing. A second edition is being prepared.

David is a frequent public speaker, seminar leader and counsel on issues related to formation, management and acquisition of public shell companies and implementation of reverse mergers. He has appeared on Bloomberg TV and National Public Radio and been quoted in the New York Times, Wall Street Journal, The Financial Times, The New York Law Journal, The Deal, Forbes, Entrepreneur, CFO magazine and others. David is also a contributor to PIPES: A Guide to Private Investments in Public Equity, Revised and Updated Edition (Bloomberg Press, 2005). David's blog, www.reversemergerblog.com, is visited by thousands of professionals each month. David is also a regular contributor on entrepreneurship to Slate.com's small business site at http://bizbox.slate.com/blog/aboutus2.php.

David received a Bachelor of Science in economics from the Wharton School of Business at the University of Pennsylvania in 1982 and his Juris Doctor in 1985 from the University of Pennsylvania Law School. David is the former Chairman of Wharton's worldwide Alumni Association Board.

David serves as a member of the Board of Advisors of Channel Capital Management LLC. He is also on the Board of Directors and Executive Committee of the Association for Corporate Growth's New York chapter. In addition, he serves on the Board of Trustees of Lawrence Woodmere Academy, and on the Board of Directors of Youth Renewal Fund. He has previously been a member of or associated with the law firms of Feldman & Ellenoff (which he co-founded); Pryor Cashman LLP; Reavis & McGrath (now Fulbright & Jaworski); and Rivkin Radler LLP.

P4P Trends and Legal Concerns

Wed Mar 10 06:00:01 EST 2010

Title : P4P Trends and Legal Concerns

Latest Developments in Physician Pay-for-Performance Programs

Throughout the U.S., Pay-for-Performance (P4P) plans are under a microscope for their impact  pro, con, or neutral  on health care quality and productivity.

Now three of the nation's top authorities on P4P  Charles Oppenheim and Jan Anderson of the national law firm of Foley and Lardner and Pat Dyson of the award-winning Borgess Health Alliance  examine how healthcare institutions like yours can learn from the success and missteps of P4P programs.

With this Audio CD (recorded in July 2007), you'll also learn about the federal rules governing P4P and receive practical tips for starting or fine-tuning your own P4P programs.

You'll examine

What is Pay-for-Performance? -- A snapshot of the variety of incentive programs being implemented around the country
Update on Medicare P4P (Value-Based Purchasing Program)
Preliminary results of the CMS pilot program
Best practices for engaging physicians in performance programs
What about Stark?   Compliance concerns when engaging physicians
Other legal issues impacting Pay-for-Performance, including:
o Antikickback statute
o Use of civil money penalty (CMP) funds
o Medical malpractice concerns
OIG role in physician incentive programs
Are voluntary efforts to improve health care quality just as effective as financial incentives?
Lessons learned on the front lines of P4P. How measurable and predictable are the results?

Who Should Attend:
This practical program is designed for hospital and physician business leaders, CEOs, CFOs, healthcare attorneys, and business development executives.

Charles B. Oppenheim
Foley & Lardner, LLP
Charles B. Oppenheim is a partner with Foley & Lardner LLP. A nationally recognized expert on Stark law issues and a member of the firm's Health Care Industry Team, he focuses his practice on all aspects of transactional, operational and regulatory health care law. For many of the largest health care companies in the U.S., Charles provides counseling on the anti-kickback and Stark laws, creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of health care providers. He is the author of "Stark Final Regulations: A Comprehensive Analysis of Key Issues and Practical Guide, Third Edition", published by the American Health Lawyers Association.
Janice A. (Jan) Anderson
Foley & Lardner, LLP
Janice A. (Jan) Anderson is a partner in Foley & Lardners Health Care Industry Team. Her practice focuses on corporate health care and transactional law, including policy development for hospitals and contracting issues with physicians and other health care providers. Prior to joining Foley, Jan was the general counsel, vice president and corporate compliance officer for Borgess Health Alliance, Inc. and Borgess Medical Center.
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Pat Dyson
Burgess Health Alliance, Inc.
Pat Dyson is Executive Vice President of Corporate Services at Borgess Health Alliance, Inc. He has practical experience with physician quality and productivity incentives within his award-winning healthcare network.

Borgess Health includes more than 120 sites of care in 15 Michigan cities, as well as eight owned or affiliated hospitals. These Borgess Health members form a health care network that offers medical services to the 1.1 million people living in southwest and south-central Michigan. With the merger of the Sisters of St. Joseph and the Daughters of Charity in 1999, Borgess Health became a member of Ascension Health, the largest nonprofit health care system in the U.S. For the sixth straight year, Borgess Health has been named to the list of Top 100 U.S. Integrated Healthcare Networks (IHN 100).

Physician Real Estate Ownership and Investment

Wed Mar 10 06:00:01 EST 2010

Title : Physician Real Estate Ownership and Investment

Maximizing Your Options in Times of Uncertainty

Considering the soft real estate market in many parts of the country, does it still pay for physicians and developers to invest in medical-related real estate? Are joint ventures or condominium arrangements safer alternatives to traditional direct investment?

Let representatives of three of the nation's top authorities on physician real estate investments  Shattuck Hammond Partners, Lillibridge, and Health Strategies and Solutions  clarify the state of today's medical real estate market, outline a variety of time-tested investor/owner models, and help you evaluate which options should work best for you in these uncertain times.

This 90-minute Audio CD (recorded late February 2007)  which includes written materials  covers:

The spectrum of physician investment and ownership models, with escalating levels of risks and rewards
Pros and cons of each option, including:
o Joint ventures
o Condominium structures
o  Free equity development
o Traditional direct investment
Typical pro forma balance sheets for the major options
How to prioritize opportunities based on your local situation and risk profile
Kinds of properties to consider  MOBs, clinics, ambulatory surgery centers or other forms of real estate?
Proven strategies for developing a successful RFP
Key items to ensure potential developers disclose
Physician ownership from an investor's perspective
Case study of a RETAS and developer selection process
Common mistakes physicians make  and how to avoid them

Who Will Benefit:
This practical program is designed for physicians and physician practice managers, real estate developers and investors, hospital and ancillary service business leaders, CFOs, healthcare attorneys, investment advisors, and business development executives.

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Craig E. Holm
Health Strategies & Solutions
Craig E. Holm, CHE, CHC, is the Senior Vice President of Health Strategies & Solutions, where he directs the companys physician-hospital integration and physician practice consulting services. He has over 25 years of healthcare administration and consulting experience and is considered an expert in physician-hospital relationships and joint ventures. He writes a column on physician-health system relationships for the Journal of Healthcare Management and is a regular contributor to HFMAs Managing the Margin.
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Philip J. Camp
Shattuck Hammond Partners
Philip J. Camp is a Principal of Shattuck Hammond Partners LLC, an independent investment banking and financial advisory firm focused on healthcare services. With $10 billion in completed M&A transactions and $14 billion in healthcare financing transactions, Shattuck Hammond is recognized as one of the top financial advisory and investment banking firms in healthcare.
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Thomas A. Czerniak
Lillibridge
Thomas A. Czerniak is the Senior Vice President for Acquistions at Lillibridge, a Chicago-based healthcare real estate firm that provides real estate services and capital exclusively to hospitals and healthcare systems. Its national scope encompasses more than 250 hospitals and healthcare systems across 40+ states including 6,000 physicians and hospital tenants and 10 million square feet of medical property across the country. The firm is probably best known for its private healthcare real estate investment trusts (REITs).
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Victoria Poindexter
Shattuck Hammond Partners
Victoria Poindexter is a Principal of Shattuck Hammond Partners LLC, an independent investment banking and financial advisory firm focused on healthcare services. In addition, Shattuck Hammond is a leading healthcare real estate advisor with over $6.5 billion in completed healthcare real estate transactions. Clients include Baptist Health System, Cedars-Sinai Health System, Covenant Health System, Dictaphone, Geisinger Health System, John Hopkins Medicine, Mayo Foundation, and dozens of others.

Patent Licensing After Medimmune v. Genentech

Wed Mar 10 06:00:01 EST 2010

Title : Patent Licensing After Medimmune v. Genentech

For decades, the standard for a justiciable declaratory judgment action was whether the declaratory judgment plaintiff engaged in potentially infringing activity and had a reasonable apprehension of being sued by the patentee.

That all changed on January 9, 2007 when the Supreme Court issued its decision in MedImmune v. Genentech.  The Supreme Court's decision gives licensees the ability to seek a declaratory judgment that a licensed patent is invalid and/or not infringed even though the licensee is in good standing .

A substantial departure from previous case law, this decision, prompts both licensors and licensees to reassess their actions both before and after entering into license agreements.

Join Mark Henry, Partner at the intellectual property law firm of Staas and Halsey LLP as he discusses the Medimmune v. Genetech case and how to avoid the pitfalls created by MedImmune, both in existing and future licenses.

In 90 minutes, he will discuss:

Background of the Case
Majority Opinion
Dissent by J. Scalia
Cases since MedImmune
Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceutical Corp., __ F.3d ___, 82 U.S.P.Q.2d 1225 (Fed. Cir. 2007)
Corp. v. STMicroelectronics, Inc., 2007 U.S. App. LEXIS 7029 (Fed. Cir. 2007)
Avoiding the Pitfalls Created by MedImmune

Participation in the audio conference is easy: just register, and then dial in by phone the day of the event. No need to download complex software or reconfigure your computer.

Continuing Education Credit:
This program is accredited for 1.50 MCLEs in California and Tennessee. Application is pending in Texas. New York has reciprocity with California and Tennessee. For non-attorneys and attorneys practicing in other states, Certificates of Attendance are available upon request.

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Mark Henry
Staas & Halsey LLP
Mark Henry is a Partner at the Washington, DC intellectual property law firm of Staas & Halsey LLP. Mr. Henry has degrees in both Chemical and Electrical Engineering. He is experienced patent procurement and patent licensing in a wide range of technologies. Mark is a frequent lecturer in the US, Germany and Japan, and his publications include "State Courts Hearing Patent Cases: A Cry for Help to the Federal Circuit," Dickinson Law Review, reprinted in 4 Intel. Prop. Today; "USPTO Reverses Policy on 'Bypass Continuation' Applications," 7 Intel. Prop. Today; Technical Amendments to 35 U.S.C. 102(e): Another Instance of the Doctrine of Unintended Consequences?" 9-Intel. Prop. Today; and Patent Licensing After Medimmune v. Genentech, 14 Intel. Prop. Today.

Directors and Officers in these Uncertain Times: Fiduciary Duties, Zone of Insolvency and Business Judgments

Wed Mar 10 06:00:01 EST 2010

Title : Directors and Officers in these Uncertain Times: Fiduciary Duties, Zone of Insolvency and Business Judgments

Update and Review Risks, Examine Latest Decisions Affecting Directors, Officers and Professional Advisors of Troubled Companies

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With the economy in full recession, credit markets tight, and consumer spending down, directors and officers are facing unprecedented challenges.  More than ever, directors and officers  and the professionals who advise them  must be familiar with their fiduciary duties to shareholders and company creditors.
Download" target=_new>http://www.beardaudioconferences.com/bin/download_file.pl?filename=do.pdf">Download Speaker Materials Here
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name=BNA 6 26 09.pdf">Download Speaker Materials Here
http://www.beardaudioconferences.com/bin/download_file.pl?filename=Luis Salazar bio 2009pdf-1.pdf.">Download Speaker Materials Here

You'll receive practical guidance  from both the legal and business perspectives  on:

Recent case law from Delaware  Gantler v. Stephens and officer fiduciary duties, Bridgeport Holdings and the business judgment rule;
Latest lessons and strategies for obtaining the protection of the business judgment rule;
Duties of directors and officers in the zone insolvency;
An update on Deepening Insolvency;
Indemnification and insurance; and
Pending Congressional measures impacting directors and officers.
And more

Luis Salazar
Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.

The True Value of Intellectual Property

Wed Mar 10 06:00:01 EST 2010

Title : The True Value of Intellectual Property

Historically, intellectual property such as copyrights, patents, trademarks, and trade secrets have been viewed as a single composite asset subject to identification and measurement (valuation).

However, an intellectual asset can be viewed as a portfolio of commingled assets, namely, a legal entitlement asset, a legacy asset, and an exploitation asset, each with ascertainable value.

A conceptual framework that looks at an intellectual asset as a bundle of three separate assets, with each asset contributing to overall asset value, reconsiders the underlying cause and effect nature of assets and benefits.

New evolving businesses models have begun to emerge that are designed to further capitalize on the value of IP rights. These new business models recognize that IP can be managed and leveraged in non-traditional ways.

In this Audio CD (recorded July 2007), Rick Nathan, Senior Managing Director at Trenwith Valuation, LLC provides a clarified perspective on the drivers of IP value.

The CD recording covers:

Traditional IP valuation
A new rubric for IP analysis
A framework for better IP Management
Appropriating value between licensor and licensee - IP treatment between U.S. Corporations and their controlled foreign affiliates

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Rick S. Nathan
Trenwith Valuation, LLC
Rick S. Nathan has roughly 25 years of combined industry and financial advisory services experience including the development and provision of financial valuation and transaction consulting services. He is Senior Managing Director of Trenwith Valuation, LLC and in his current position, provides thought leadership encompassing the valuation of business interests, capital stock, and intangible assets in connection with business combination decision support, statutory tax compliance, international transfer pricing, asset exploitation, business plan development, capital sourcing, and strategic partnering. Rick is frequently retained in connection with dispute analysis and expert testimony services, Federal tax statutes and regulations, SEC fair value compliance, as well as strategic corporate development initiatives. Rick holds an M.B.A. in Finance, with Honors, from The University of Chicago, a Master of Science in Electrical Engineering from The University of Texas at Austin (Eta Kappa Nu- National Electrical Engineering Honorarium), and a Bachelor of Science in Biomedical Engineering from Tulane University. Rick is a Chartered Financial Analyst (CFA) as designated by the CFA Institute, and an Accredited Senior Appraiser (ASA) in Business Valuation as designated by the American Society of Appraisers.

Key Considerations In Distressed MandA Transactions

Wed Mar 10 06:00:01 EST 2010

Title : Key Considerations In Distressed MandA Transactions

Key Considerations In Distressed MandA Transactions

Live 90-minute telephone conference with interactive QandA session  unlimited enrollment per call-in site.

In spite of the decline in MandA activity, there are still opportunities, particularly for acquisitions of distressed companies.   This audio conference will examine distressed MandA transactions and look at the key issues for both out-of-court and bankruptcy transactions.

Market Overview
Out-Of-Court Transaction Issues
  - Fraudulent Transfer  beware of having a transaction unwound after it closes
  - Successor Liability  heightened concern due to less effective indemnification protections
  - Fiduciary Duties of Directors  not only the seller's concern
Bankruptcy Transaction Issues
   - Pre-packaged Chapter 11 Plan v. Pre-Arranged Chapter 11 transaction - when  does one make sense over the other?
   - Bidding Procedures: - Stalking Horse Benefits, Protections and Risks
   - DIP Financing and First Day Motions
   - The Lehman Bros., Chrysler and GM Experiences - Unique deals for unique circumstances, or harbingers for the next wave?

Bryan Gadol
Dorsey & Whitney LLP
Bryan S. Gadol is a partner in Dorseys Corporate group. Mr. Gadol has extensive experience in mergers and acquisitions, joint ventures, public and private securities offerings, private equity and venture capital transactions, SEC reporting and corporate governance.

Mr. Gadol also provides general corporate advice to emerging growth and middle market companies and investors operating or investing in a wide variety of industries through all stages of the business and investment lifecycle.

Admissions

* California
* U.S. District Court for the Central District of California

Education

* Chapman University School of Law
J.D., 1998, cum laude
Tax Emphasis Program; Law Review Member
* University of California, Santa Barbara
B.A., Law and Society, 1994
Beta Theta Pi Fraternity, Vice-President

Civic and Community Activities

* Member, Deans Council and Tax Law Institute Board of Governors, Chapman University School of Law
* Member, Board of Directors, Canyon Acres Children and Family Services
* Member, Tax and Law Institute Board of Governors, Chapman University School of Law

Presentations

* "Exits and Recapitalizations," Los Angeles Venture Association (LAVA) Investment Capital Conference, Los Angeles, CA, May 2008
* "Overview of Corporate and Securities Laws," Chapman University School of Law, Orange, CA, April 2007
* "Everything You Always Wanted to Know About Selling Your Business," B.Riley Co., Merrill Lynch, Singer Lewak Greenbaum & Goldstein and Greenberg Traurig, Riverside, CA, October 2006
* "How and When Do I Sell My Business?" Citigroup/Smith Barney, Beverly Hills, CA, June 2006
* "Overview of the M&A Market - How to Value Your Company," Deutsche Bank, Costa Mesa, CA, May 2006

Attorney Articles

* "Key Considerations in Distressed M&A Transactions," VC Experts, Inc., March 2009
* "Key Considerations in Distressed M&A Transactions," Corporations Committee E-Bulletin (Business Law Section of the State Bar of California), March 2009
* "Key Considerations in Distressed M&A Transactions," Association for Corporate Growth (ACG), February 2009
* "Key Considerations in Distressed M&A Transactions," Orange County Business Journal, January 19, 2009
* "Updates to Form D," co-author, E-Bulletin Legislative Alert from the California State Bar Business Law Sections Corporations Committee, July 24, 2008
* "Traps for the Unwary Seller," Orange County Business Journal, August 27, 2007

Michael Foreman
Dorsey & Whitney LLP
Michael Foreman is a partner in the Financial Restructuring and Bankruptcy practice at Dorsey & Whitney LLP. He represents secured and unsecured lenders and creditors, acquirers of and investors in distressed assets, and reorganizing and financially distressed companies, in many of the nation's largest and most complex restructurings under Chapter 11 of the federal bankruptcy code.

Michael also represents lenders, other creditors, investors and companies in out-of-court and cross-border restructurings, and regularly advises clients in mergers and acquisitions, corporate finance transactions, and internal investigations on corporate governance, accounting and insolvency-related matters. In addition, he provides bankruptcy counseling in the areas of structured financing and securitization.

Admissions
* New York
*U.S. District Court for the Southern and Eastern Districts of New York

Education
* Hofstra University Law School
J.D., 1985
* Cornell University New York State School of Industrial and Labor Relations
B.S., 1982

Presentations
* Sponsored by Dorsey & Whitney, New York City Symposium for Corporate Leaders, Breakout Session panelist, "When the Going Gets Tough, the Tough Start Suing: Director and Officer Liability in a Challenging Economy and Practical Advice on What to Do About It," May 7, 2009
Sponsored by the Legal Publishing Group of Strafford Publications - CLE TeleConference - "D&O Duties When a Company Faces Insolvency Teleconference: Strategies for Avoiding and Defending Direct and Derivative Lawsuits," October 15, 2008, January 28, 2009, April 28, 2009
* Sponsored by Association of Corporate Counsel-Greater New York, Dorsey & Whitney LLP joint CLE seminar: Bankruptcy and Restructuring for the In-House Lawyer: "A Discussion of Common Topics When The Other Side of a Transaction or a Competitor Files for Bankruptcy," October 16, 2008
* Sponsored by Sponsored by the Legal Publishing Group of Strafford Publications - CLE TeleConference - "Distressed M&A: Buying and Selling Businesses Facing Financial Trouble," October 29, 2008
* Sponsored by the New York State Bar Association: "2008 Practical Skills Program on Basic of Bankruptcy Practice," October 30, 2008
* Speaker, The Secured Debt Conference, Panel on Distressed Debt and DIP Financing, March 2006
* Speaker, 7th Annual New York City Bankruptcy Conference, Panel on Property of the Estate and Substantive Consolidation, May 2005

Attorney Articles
* "Buying a Troubled Business: Bankruptcy and Other Options," Private Equity Focus, June 26, 2008
* "In the Zone: New Insolvency Rules," (co-author) The Corporate Board, May/June 2008
* "Corporate Restructuring: Valuation Litigation is Key Process," (co-author) National Law Journal, March 5, 2007
* "Radnor Holdings: Delaware Bankruptcy Court Upholds Lenders' Actions," (co-author) Metropolitan Corporate Counsel, January 2007
* "Bankruptcy and Corporate Reorganization: Proposed Chapter 15," (co-author) New York Law Journal, August 26, 2002

Other Articles
* Appearance: "GM Inches Closer to Bankruptcy," Reuters' Breaking News video, May 29, 2009
* Quoted in "GMs Main Street Bondholders Would Be Losers, Lawyer Says," Bloomberg. May 28, 2009
* Quoted in "Speedy Chrysler Ch. 11 A Pipe Dream: Experts," Law360. May 1, 2009
* Quoted in "Dried-Up DIP Financing to Intensify Ch. 11 Sell-Offs," Law360. October 20, 2008.
Wendy R. Kottmeier
Dorsey & Whitney LLP
Wendy R. Kottmeier is an attorney in Dorseys Corporate group. She represents clients in general corporate and securities matters, including mergers and acquisitions, public and private offerings of securities, private equity and venture capital transactions, securities law compliance and reporting and corporate governance. She also has experience in technology licensing transactions, including software, trademark and patent licensing, distribution and joint venture transactions and research and development transactions. Ms. Kottmeier has drafted and negotiated a variety of technology-related professional service agreements, manufacturing and supply agreements, and other commercial contracts.

Admissions

* California

Education

* U.C. Hastings College of the Law
J.D., 2001, magna cum laude, Order of the Coif
* University of Redlands, B.A., 1996, Phi Beta Kappa, Proudian Interdisciplinary Honors

Attorney Articles

* "Key Considerations in Distressed M&A Transactions," VC Experts, Inc., March 2009
* "Key Considerations in Distressed M&A Transactions," Association for Corporate Growth (ACG), February 2009
* "Key Considerations in Distressed M&A Transactions," Orange County Business Journal, January 19, 2009

Obtaining Certificates of Need for Outpatient Providers

Wed Mar 10 06:00:01 EST 2010

Title : Obtaining Certificates of Need for Outpatient Providers

Strategies for ASCs, Specialty Hospitals, Diagnostic Imaging, Cancer Treatment Centers, and Other Healthcare Facilities

State Certificate of Need (CON) programs  intended to ensure that only needed services and facilities are developed in a given region  have had broad and often unforeseen impacts on healthcare providers and markets over the past three decades.

Obtaining a CON in some states has become especially challenging for outpatient providers such as ambulatory surgical centers (ASCs), specialty hospitals, diagnostic imaging centers, and other non-traditional healthcare providers. CON can be a major hurdle for such providers seeking to expand, modernize or reshape their service capabilities.

What options and strategies are available for those seeking a CON today? Purchase this Audio CD (recorded late April 2007) and learn from one of the nation's foremost experts on Certificate of Need issues. Robert James Cimasi, president of Health Capital Consultants, examines current trends in state CON rules and policies, updates you on the latest legal and regulatory developments, and spotlights opportunities available to outpatient healthcare providers planning or implementing capital projects in those states.

This 90-minute Audio CD recording  which includes written materials  includes:

What you must know about CON history to understand today's evolving CON programs
Status of current state CON programs
Key application thresholds
Special exemptions available for outpatient providers
Shifting sands  where CON is changing and where it may go
It pays to do your homework  resources for mounting a successful CON application
Proven strategies for obtaining a CON in the face of entrenched competition
And much more


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Robert James Cimasi
Health Capital Consultants (HCC)
Robert James Cimasi, MHA, ASA, CBA, AVA, CM&AA, CMP, is president of Health Capital Consultants (HCC). He has more than 20 years of experience in serving clients in over 45 states, focusing on the financial and economic aspects of healthcare services. His expertise includes certificate-of-need consulting, valuation consulting, litigation support, business intermediary and financing services, and healthcare transactions, including sales, mergers and acquisitions.

He is nationally known for compiling a wealth of research and information on CON issues related to states across the United States. Among other books, articles, chapters and papers, Mr. Cimasi is the author of the U.S. Healthcare Certificate of Need Sourcebook, published by the Beard Group.

He holds a Masters in Health Administration (MHA) from the University of Maryland, as well as professional designations as an Accredited Senior Appraiser (ASA) in Business Valuation, Certified Business Appraiser (CBA), Accredited Valuation Analysis (AVA), Certified Merger & Acquisition Advisor (CM&AA), and Certified Medical Planner (CMP). He is a frequent lecturer on healthcare industry topics, has been certified as an expert witness in several states, and has provided testimony before federal and state legislative committees.

The Credit Crisis: An Overview of the Role of Alternative Investments in the Capital Markets

Wed Mar 10 06:00:02 EST 2010

Title : The Credit Crisis: An Overview of the Role of Alternative Investments in the Capital Markets

The Role of Alternative Investments in the Capital Markets

Live 90-minute telephone conference with interactive QandA session  unlimited enrollment per call-in site.

    * Historical context
    * Madoff fallout
    * The role of the limited partnership structure
    * The intersection of valuation and liquidity
    * Redemptions
    * Gates and side pockets
    * The legal landscape
    * Avoiding traps

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Jonathan Sablone
Nixon Peabody LLP
Jonathan Sablone is a litigation partner at Nixon Peabody, splitting his time between the firms Boston and New York offices. Mr. Sablone is a cum laude graduate of Harvard College and Boston College Law School. Mr. Sablone chairs both the firms Alternative Investment Litigation Team and its E-Discovery Committee. He represents large companies in complex commercial litigation matters, as well as hedge funds and institutional investors in alternative investment vehicles. Mr. Sablone is a Martindale Hubbell AV rated trial attorney and has been named a Rising Star three years running by Boston magazine as part of its annual Super Lawyer survey of Massachusetts attorneys. Recently, Mr. Sablone was named to the Boston Business Journal's prestigious "40 Under 40" list for 2008, recognizing business men and women who are under 40 years old and have established themselves as leaders to be watched in their fields.

Mr. Sablone is the cochair of Nixon Peabodys Alternative Investment Litigation Team, a cross-disciplinary group of attorneys from across the firms national markets and practice groups. Mr. Sablone represents limited partnerships, investors, and partners in transactional and litigation matters related to limited partnership investment vehicles, including hedge funds. He has extensive knowledge regarding the legal and business purposes of these partnerships, as well as limited partnership acts, receivership law, fiduciary duties, trading fraud, and accounting issues.

Mr. Sablone also chairs Nixon Peabodys e-discovery committee and sits on the advisory board of LexisNexis Applied Discovery, one of the leading e-discovery firms in the United States. Through Mr. Sablones efforts, the firm has developed an integrated approach that standardizes the electronic discovery process across all of the firms offices and litigation practice groups. Mr. Sablone works closely with clients in-house counsel and information technology professionals, providing guidance in litigation preparedness, evidence preservation, and electronic data collection, review, and production. His grasp of relevant regulations, successful practices, and proven strategies turns e-discovery from a costly burden to a competitive strength for clients.

As part of a commitment to give back to the community, Mr. Sablone has dedicated substantial time to pro bono matters, including the representation of a home for brain damaged individuals in a tax dispute against a municipality. Mr. Sablone also volunteers his time as a faculty member at Massachusetts Continuing Legal Education, where he teaches courses related to discovery and deposition practice. Mr. Sablone is also a past board member and secretary of the Starlight Starbright Childrens Foundation of New England, a nonprofit organization that seeks to improve the lives of seriously and terminally ill children. Mr. Sablone also serves as a volunteer alumnus interviewer for the Harvard and Radcliffe college admissions committees.

Admissions

Mr. Sablone is admitted to practice law in all of the state courts of the Commonwealth of Massachusetts and New York State, as well as a number of federal district and appellate courts, including the United States Supreme Court.

Education

Boston College Law School, J.D.
Harvard College, A.B., cum laude

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Timothy W. Mungovan
Nixon Peabody LLP
Tim is a litigation partner in the firms Financial Services Litigation Practice Group. Tim is the founder and co-leader of the firms Alternative Investment Litigation Team. His practice is focused on hedge fund litigation and other disputes involving investment partnerships, securities, finance and technology-related issues. He is also experienced in fiduciary litigation and has represented both fiduciaries and beneficiaries.

Beyond alternative investments, Tim has extensive experience in business litigation and technology-related litigation matters. Tim serves as litigation counsel to, among others, a world-wide diversified manufacturer of industrial products, one of the leading developers and licensors of DSL technology and biometric security solutions and the inventor of laser vision correction surgery. Tim has also represented Europes largest biotechnology company on a variety of matters, including disputes under the Lanham Act and consumer class actions.

In addition to his trial work, Tim has handled and argued several cases at the appellate court level before the United States Court of Appeals for the First Circuit, the Supreme Judicial Court, and the Massachusetts Appeals Court.

In law school, Tim was an editor of the Suffolk University Law Review, a member of the National Moot Court Team that participated in the National Moot Court Competition in New York City, and the winner of the Walter H. McLaughlin Competition for Oral Advocacy. At Holy Cross, he was a member of the Deans List, a recipient of both a Holy Cross academic scholarship and a GTE academic scholarship, and a three-year starter and captain of the mens soccer team.

Following law school, Tim served as a law clerk to the Honorable Joseph R. Nolan at the Supreme Judicial Court of Massachusetts.

Tim has been named a Massachusetts Super Lawyer by Boston Magazine every year that the magazine has awarded the distinction. He has also been recognized as a New England Super Lawyer in Business Litigation by Boston Magazine.

Admissions

Tim is admitted to practice in the Commonwealth of Massachusetts, the U.S. Court of Appeals for the First Circuit and the Fourth Circuit, and the United States District Courts for the Districts of Massachusetts, Maryland, and Arizona. He is a member of the Massachusetts, Boston, Federal, and American bar associations.
Education

Suffolk University Law School, J.D., cum laude
College of the Holy Cross, B.A.

Commercial Real Estate Bankruptcy

Wed Mar 10 06:00:02 EST 2010

Title : Commercial Real Estate Bankruptcy

As the real estate market continues with the inevitable slowdown, the possibility of restructuring and insolvency for developers is also becoming a reality.

Certain of the highly leveraged real estate developers have already sought bankruptcy protection without proper planning and those entities face an uphill road during their bankruptcy cases.

In this Audio CD (recorded April 2007), Andrew Sherman of Sills Cummis Epstein and Gross P.C. provides practical guidance and suggested strategies for a real estate bankruptcy filing from all sides.

You'll examine:

Pre - filing issues/forbearance terms
Mortgagee in possession/ Deed in lieu of foreclosure
Use of cash collateral/assignment of rents
Authority to file
Single asset real estate
Exclusivity concerns
Assumption/rejection issues  cure of monetary/historical defaults
Sales of property and extinguishment of interests
Mixed-use issues
Cash management  - who owns the cash?
Absolute priority/plan confirmation issues
Election under 11 U.S.C. 1111(b)
Effect of private equity

Andrew H. Sherman
Sills Cummis Epstein & Gross P.C.
Andrew H. Sherman is a Member of the Firm's Creditors' Rights/Bankruptcy Reorganization Practice Group. He has represented clients in a broad range of complex business reorganizations, debt restructurings and insolvency matters. He advises companies experiencing financial difficulties, creditors of such entities, as well as investors and acquirers of substantial assets in bankruptcy cases and workouts. Over the past few years, he has focused his practice on representing incumbent local exchange carriers and competitive local exchange carriers in telecommunications and construction bankruptcy cases across the nation. He has also recently represented large multinational corporations in construction and energy bankruptcy cases. In addition to his bankruptcy experience, he has represented parties in significant commercial litigation in the New York federal and state courts. Prior to coming to Sills Cummis, Mr. Sherman was associated with Parker Chapin Flattau & Klimpl, LLP in New York City. Mr. Sherman was selected for inclusion in the 2007 edition of The Best Lawyers in America and the 2006 edition of New Jersey Super Lawyers.

Pros and Cons of Examiners in Bankruptcy Proceedings

Wed Mar 10 06:00:02 EST 2010

Title : Pros and Cons of Examiners in Bankruptcy Proceedings

Privacy Rights, Protections and Pitfalls in Bankruptcy

Wed Mar 10 06:00:02 EST 2010

Title : Privacy Rights, Protections and Pitfalls in Bankruptcy

Meet Your Obligations under BAPCPA and Federal /State Laws

Bankruptcy practitioners are no longer immune from the vast reach of privacy concerns and laws.

The rapidly expanding number of state and federal privacy laws  coupled with the new Bankruptcy Code  are catching troubled companies off-guard, both in out-of-court restructurings as well in actual bankruptcies.

Discover what information protections as well as pitfalls await you in a restructuring or Chapter 11 filing. With this special Audio CD Recording (recorded May 2006), you and an unlimited number of your staff will learn

What you need to know about The Privacy Policy Enforcement in Bankruptcy Act of 2001 (enacted as part of BAPCPA)
How the law defines Personally Identifiable Data
Role of the new Consumer Privacy Ombudsman in bankruptcy cases
Hornet's nest of issues arising from customer lists of insolvent companies.
Interrelationship of BAPCPA with the alphabet soup of other federal, state and international privacy laws  including:

o Electronic Communications Privacy Act (ECPA)
o Fair Credit Reporting Act (FCRA)
o California Financial Information Privacy Act (CFIPA)
o Children's Online Privacy Protection Act (COPPA)
o Health Insurance Portability and Accountability Act (HIPAA)
o  EU Directive on Privacy and Electronic Communications
o and others

Impact of new information sharing requirements. How can creditors' committees keep non-members informed  and still protect confidential information?
When can courts exercise their expanded judicial powers to restrict disclosures?
How privacy laws can jeopardize a secured lender's collateral
Role of healthcare privacy provisions in Chapter 11 proceedings  not only for medical facilities but for any troubled company with employee healthcare benefits
Rise of privacy and identity theft concerns in bankruptcy filings
Status report on major cases you should monitor

Luis Salazar
Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.

Understanding Credit Default Swap Contract Risks

Wed Mar 10 06:00:02 EST 2010

Title : Understanding Credit Default Swap Contract Risks

How Good is Your CDS? Legal and Financial Considerations

Today's $45 trillion CDS market is roughly twice the size of the entire U.S. stock market. Yet despite its staggering size, the unregulated over-the-counter CDS market and its vast underpinnings remain a mystery to even the most sophisticated of investors.

What's more, the spider's web of connections between Credit Default Swaps and global subprime failures, ratings downgrades, monoline exposure, and billion-dollar losses by commercial banks and insurers means your potential CDS risks are greater than ever.

Invest in this Audio CD (recorded April 2008) and let noted restructuring attorney Andrea Pincus -- quoted in Time Magazine regarding the impending CDS crisis -- help you better understand the make-up of your CDS portfolio. She'll provide a plain-English explanation of the structure of CDS transactions, then analyze the state of today's market, empowering you to better manage CDS contract risks, tap into potential rewards, and spot warning signs along the way.

You'll discover:

   What's behind the curtain?  What you need to know about the structure of today's CDS contracts and their evolution  from  hedging vehicle to  highly customized alternative investment vehicle,
Mechanics of a typical CDS transaction, including required documentation and critical contract terms
  Special challenges and concerns for CDS written on asset-backed securities and backed by financial guaranty policies
What is counterparty risk? How is it affected in the face of subprime meltdowns, concentration of major players, the ongoing liquidity crisis, and shaken investor confidence?
Changing dynamic for troubled companies due to the high volume of CDS trading in the secondary market and related pressure on CDS buyers to push troubled companies into Chapter 11
New initiatives from ISDA, including modifications to standard forms
Prospects for regulation and changing accounting principles
Emerging areas of dispute and litigation  like ambiguous documentation, valuation methodologies, and conflicts over collateral obligations. Learn how to identify them before they sabotage your portfolio
Hedging your hedge  potential upsides for distressed investors

Who Will Benefit:
All those participating in today's Credit Default Swap market  both buyers and sellers of CDS protection  and their legal and financial advisors. This easy-to-attend audio briefing is designed to help you better understand the latest market dynamics affecting ways to value your holdings  or unload them.

Andrea Pincus
Reed Smith LLP
Andrea Pincus joined the law firm of Reed Smith LLP as a lateral partner in February 2008, and is a member of the firms Commercial Restructuring & Bankruptcy Group and the firms Financial Industries Group.

In her practice, Andrea represents hedge funds, banks and other institutional investors, bondholders and trustees, as well as ad hoc and official committees, secured creditors, governmental entities, private individuals and debtors-in-possession in all aspects of Chapter 11 cases as well as out-of-court workouts involving private and publicly-held companies.

In the related areas of capital markets and structured finance, Andrea represents hedge funds, banks and other financial institutions in connection with distressed investing strategies, structured debt, and derivative transactions based on ISDA documentation, with a particular focus on credit default swaps and valuation disputes.

Andrea is member of 100 Women in Hedge Funds, a global association of women in the hedge fund industry, and serves on its Philanthropy Committee and Governance Committee. In addition, she is a member of the American Bankruptcy Institute as well as the Turnaround Management Association.

Hospital Mergers and Antitrust Compliance

Wed Mar 10 06:00:02 EST 2010

Title : Hospital Mergers and Antitrust Compliance

Latest Rules, Judgments, and Enforcement Targets

Clarify what types of deals and clinical affiliations are targets of today's federal enforcement actions.

With this Audio CD, recorded in early September 2007, you will examine why antitrust concerns remain very relevant to the healthcare industry.

You'll learn:

- Government enforcement.  The Federal antitrust enforcement agencies continue to be vigilant in enforcing the antitrust laws in the health care sector.  Government actions can be costly, disruptive to operations and may lead to more costly and disruptive remedies if a violation is proven, or the charges are settled.

- Private Actions.  Exclusionary or predatory conduct can lead to costly and risky private antitrust litigation.  The extremely high cost of antitrust litigation was specifically noted in the recently decided case, Bell Atlantic Corporation v. Twombly, in which the Supreme Court raised the bar on pleading lawsuits based on antitrust conspiracies.  They can be especially risky in healthcare where contracting arrangements can be complicated and may result in unforeseen anticompetitive consequences or may be misconstrued by juries.  Because the successful private antitrust plaintiff is entitled to receive three times its actual damages, health care firms need to know the antitrust risks associated with their conduct.  On the other side of the coin, firms injured by anticompetitive conduct have a powerful remedy to restore lawful competition and recover from anticompetitive harm.

- Government challenges to physician joint contracting arrangement.  Last year, the FTC and Advocate Health Partners (AHP) settled charges alleging that certain of AHP's physician joint contracting arrangements violated the antitrust laws.  The FTC, however, did not challenge AHP's qualified clinically-integrated joint arrangement.  The antitrust enforcement agencies have consistently and successfully challenged illegal joint contracting arrangements that purported to have financial integration, but the agencies seem less willing to condemn a clinically integrated arrangement.  You will review the agencies' views on clinical integration for insights into the viability of that joint contracting arrangement.

- Government challenges to hospital mergers.  Hospital merger activity has diminished since the 1990's, but not as much as governmental merger enforcement has.  After a decade of failed challenges to hospital mergers, the government successfully (so far) sought to break up the Evanston Northwestern Healthcare system in the Chicago area.  At the ABA Antitrust Spring 2007 Meeting, an FTC official indicated that the agency would not hestitate challenge a hospital merger in the appropriate circumstances.  The Evanston Northwestern Healthcare case may have breathed new life into the agencies' view of hospital competition, but they have not yet thereafter challenged a hospital merger.

- Peacehealth and the bundled discount question.  In McKenzie-Willamette Hospital v. Peachhealth, a jury found for the plaintiff, a small community hospital, on its attempted monopolization and discriminatory pricing claim and awarded the plaintiff $5.4 million on each.  On appeal, the Ninth Circuit Court of Appeals sought amicus curiae (friends of the court) briefs on the question of whether a plaintiff must prove that the defendant's bundled discounts to its customers resulted in prices that were below an appropriate measure of the defendant's costs.  What the amici say may have an important impact on how providers can price their services to payers.

- Specialty hospitals and clinics.  General acute-care hospitals provide a full range of services, some more profitable than others, while specialty hospitals and clinics may cherry pick patients in need of more profitable procedures.  This charge, among other things, has garnered those providers hostility from the general acute-care hospitals.  Using this hostility to color conduct with the gloss of exclusionary intent, specialty hospitals and clinics have sued for violations of the antitrust laws.  The instructor will review some recent cases and discuss the alleged exclusionary practices.

Steven S. Shonder
Drinker Biddle
Steven S. Shonder has over 10 years of experience representing clients in litigated healthcare antitrust matters and advising healthcare clients on antitrust issues. Since the beginning of his career, Steve has been involved in major healthcare antitrust actions, including defending hospitals and hospital networks against charges of monopolization, attempted monopolization and unreasonable restraints of trade in Florida, Illinois, Kansas, Ohio and West Virginia.

Steve has also assisted in the prosecution of monopolization, exclusive dealing, and unreasonable restraint of trade cases involving pharmaceuticals and medical devices. In addition, he has analyzed and counseled clients on mergers of healthcare providers and healthcare financing companies. He is a co-author of A Dose of Bad Medicine, published in the Aspen Journal of Health Care Finance, Vol. 32, No. 4, Summer 2006, an article focusing on the Federal Trade Commissions attack on the Evanston Northwestern Healthcare merger. He is also a contributor to the American Bar Associations Antitrust Law Developments series and annual supplements.

Steve was named one of 12 Outstanding Healthcare Antitrust Lawyers2006 in the December 2006 issue of Nightingales Healthcare News, a bi-monthly newsletter for professionals serving the healthcare industry, healthcare executives and others.

Safeguarding Your Tax-Exempt Status: Form 990 and Other New IRS Developments

Wed Mar 10 06:00:02 EST 2010

Title : Safeguarding Your Tax-Exempt Status: Form 990 and Other New IRS Developments

New IRS Requirements for Non-Profit Healthcare Providers

QUICK AUDIO BRIEFING FOR HEALTHCARE EXECUTIVES: How to comply with the new IRS rules driving good governance, transparency and accurate reporting.

Lately nonprofit organizations have been targeted by IRS audits, Congressional investigations, GAO surveys, and dozens of media reports  all probing the legitimacy of their tax-exempt status  and the IRS has responded with some of its toughest new rules yet.

As a result, tax-exempt healthcare organizations now must recalibrate how they track charity care, document community benefits, review funding sources, and report executive compensation.

How can you and your staff make sure you're on top of all these changes  including the revised Form 990 and new IRS guidance on political activities?  Purchase this Audio CD (recorded in late October 2007) and learn from two of the nation's top legal advisors for tax-exempt healthcare providers.

You'll examine:

Latest legislative and regulatory developments impacting your daily operations
Revenue Ruling 2007-41: what political activities are permissible?
New IRS bond initiative: should you re-examine old bond documents to check your use of bond proceeds and bond-financed facilities?
Understanding the new draft Form 990
o Major risk areas you need to know
o Defining and measuring community benefits
o When does the new form go into effect?
o Key elements of the form  core form and 15 schedules
o Hot button issues, such as executive compensation (what's excessive?) and loans to disqualified persons
o Practical reporting strategies
Organizational governance  the importance of adopting a Sarbanes-Oxley approach
Disclosure challenges  reviewing and revising your systems to meet the new mandates for transparency
How other non-profits are gearing up to comply

Who Will Benefit:
This practical program is designed for healthcare and other tax-exempt organization leaders, compliance officers, and in-house legal counsel and law firm attorneys.

Daniel K. Settelmayer
Latham & Watkins
Daniel K. Settelmayer is a partner in the Los Angeles office of Latham & Watkins and is a co-chair of the firm's global health care practice group. His practice focuses on transactional and regulatory matters for healthcare industry clients. He has experience as lead counsel in a broad range of health care transactions, including formation of managed care and other provider organizations, joint ventures; mergers, acquisitions and affiliations involving health facilities, medical groups, HMOs, and ancillary service providers.
Dans tax experience focuses on representing exempt organizations in both organizational and compliance matters. In addition, he is the principal architect of ComplianceNet, the firm's internet-based compliance program for healthcare systems, which automates the development of comprehensive transaction databases and facilitates transaction review, audit and diligence support. Dans recent representations include Adventist Health, HCA, WellCare, CareMore Medical Enterprises, University Hospitals (Cleveland); The Permanente Medical Group, Longs Drugs Stores, and Tenet Healthcare.
Paul R. DeMuro
Latham & Watkins
Paul R. DeMuro is a partner in the Los Angeles and San Francisco offices of Latham & Watkins. He practices extensively in the areas of corporate transactions, joint ventures, mergers and acquisitions (M&A), corporate organization, governance, finance and regulatory compliance. He also practices in the areas of Medicare reimbursement, fraud and abuse, compliance and managed care. Paul primarily represents hospitals, health systems, physicians, physician groups, physician practice companies, integrated health systems, managed care organizations, e-health care and health care technology companies, ancillary providers, and investment banks in health care transactions. He has written over 50 publications on M&A, Medicare reimbursement, fraud and abuse, physician practice, integrated delivery systems, capital finance and managed care related topics.

KERPs and Bonuses under BAPCPA

Wed Mar 10 06:00:02 EST 2010

Title : KERPs and Bonuses under BAPCPA

New Legal Strategies for Retaining Executives at Troubled Companies

BAPCPA's restrictions on Key Employee Retention Plans (KERPs) and severance plans  designed to level the playing field for executive compensation  have instead created bigger obstacles and uncertainties to successful restructurings.

Congress, in its traditional fashion, has used a meat cleaver for delicate surgery, says Tom Salerno, head of the bankruptcy practice at Squire, Sanders and Demsey and the instructor for this audio CD, recorded November 2006.

Analyzing the impact of Dana, Calpine and other recent KERP decisions, Tom explains the new rules of the game and reveal what clever (and not-so-clever) lawyers are doing to leverage Section 503(c) to their clients' favor.

In less than an hour, you will learn about

The Good Old Days: pre-BAPCPA and the business judgment rule
How pre-BAPCPA cases are still affecting today's KERP thinking
Enter The Politicians (or What Was Congress Thinking?)
      - The Kennedy Amendment and its 2002 origins
What did Congress do: BAPCPA's intent
Overview of restrictions on KERPs and bonuses to insiders
Possible loopholesor, When is a KERP not a KERP? Learn from those who have implemented successful performance benchmarks
Key post-BAPCPA decisions  what we can learn from them
     - Dana Corporation (or what not to do!)
     - Refco, Pliant, Musicland, FLYi, and Nobex
     - Calpine
     - Leaseway Motor Transport, and others
Legal strategies for Chapter 11 debtors and creditors

Thomas J. Salerno
Squire Sanders & Dempsey
Thomas J. Salerno is a partner in, and co-chair of, the Reorganization and Restructuring Group in the Phoenix office of the international law firm of Squire, Sanders & Dempsey. He also serves as chair of the firms International Insolvency Practice Group. For more than 20 years, he has represented creditors committees, debtors, lenders and other parties in complex Chapter 11 reorganizations involving public debt and equity securities throughout the U.S. He also has represented parties in insolvency proceedings in the Czech Republic, Switzerland, Germany and the United Kingdom.

He has written or co-authored several books, including The Executive Guide to Corporate Bankruptcy, published by the Beard Group. He has been included in The Best Lawyers of America since 1992 and was named one of 12 Outstanding Bankruptcy Lawyers by Turnarounds & Workouts.

Partnerships in Bankruptcy: Unwinding the Deal

Wed Mar 10 06:00:02 EST 2010

Title : Partnerships in Bankruptcy: Unwinding the Deal

When your business partner faces Chapter 11, you too are in danger of unexpected losses and liabilities  even when your balance sheet remains healthy.

Legal protections are available  if you act in time. If you don't, you can forfeit rights and find your own assets being sucked into the whirlpool of the partner's insolvency.

This audio conference is designed to help solvent business partners understand how your contracts or joint ventures can crumble under a bankruptcy filing, calculate your risks, preserve your claims, assert your rights, and possibly even capitalize on the bankruptcy.

You'll receive:

A thorough understanding of your potential legal and financial exposure when bankruptcy looms for a partner
Actions to take  immediately  upon learning of a partner's financial distress
Guidance for voluntary restructures  and warning flags for transactions that can be thrown out by the bankruptcy court
Awareness of your rights and obligations under an automatic stay
Pros and cons of being recognized as a Critical Vendor in a Chapter 11 filing
Why asset sales provide an opportunity to salvage the enterprise and lessen your risk of being stuck with an unknown replacement partner
Specific, proven strategies for taking the initiative in bankruptcy proceedings to best protect your interests

Continuing Legal Education Credit:
Training is accredited for 1.50 MCLEs in California, Texas and Tennessee. New York State has reciprocity with California. For non-attorneys and attorneys practicing in other states, Certificates of Attendance are available upon request.

Early Bird Tuition Discount Available
Register by Thursday, January 24, 2008, and save $50 at each dial-in site. After January 24, tuition per dial-in site is $295.

Alexander M. Laughlin
Wiley Rein LLP
Alexander M. Laughlin is a partner at Wiley Rein LLP, where he represents clients in all aspects of commercial litigation and distressed asset sales in bankruptcy, complex financial restructure planning, creditors rights litigation, loan restructuring, and workout agreements. He often represents clients in the sale and purchase of assets from bankruptcy estates. Alex also represents the Commonwealth of Virginia concerning bankruptcy issues, especially those involving sovereign immunity disputes.
H. Jason Gold
Wiley Rein LLP
H. Jason Gold, partner at Wiley Rein LLP, has more than 25 years of experience counseling clients on restructuring and insolvency matters. He leads a group of bankruptcy lawyers called upon by all types of clients in Chapter 11 cases and other insolvency-related restructurings or liquidations. He has also served as a bankruptcy trustee for more than 19 years and has liquidated or participated in the restructuring of dozens of businesses. Jason has been named a "Top Bankruptcy Lawyer" by Washingtonian Magazine and recognized as one of "The Best Lawyers in America" for bankruptcy and creditor-debtor rights law.

The Battle of Green and Red: Effect of Bankruptcy on Obligations to Clean Up Contaminated Property

Wed Mar 10 06:00:02 EST 2010

Title : The Battle of Green and Red: Effect of Bankruptcy on Obligations to Clean Up Contaminated Property

Bankruptcy law  which allows the free sale and assignment of assets  often clashes head-on with some of the key elements of environmental law.

How can a troubled company that owns contaminated property reorganize despite its looming environmental liabilities? And why don't automatic stays and pre-petition claims shield debtors in Chapter 11 proceedings?

Invest in this Audio CD (recorded November 2007) and hear from national expert Joel Gross, former Chief of the Environmental Enforcement Section at the U.S. Department of Justice and now a member of Arnold and Porter's bankruptcy and environmental practices. He will explain the existing rules, outline legal options, and update you on the latest developments in the on-going tug-of-war between bankruptcy and environmental laws.

You'll cover:

5 key principles for understanding interactions between environmental and bankruptcy laws
Why bankruptcy is no excuse for violating environmental standards
Brief primer on CERCLA (Superfund) requirements for clean-up of contaminated property
How liability can be triggered just by deciding to stop operating
Who pays for clean-up when the polluter is insolvent?
Is property abandonment a viable option?
How are environmental liens addressed in bankruptcy?
Impact of the recent Atlantic Research Corp. Supreme Court decision
Unresolved issues still confronting legal decision-makers
Strategies for today's debtors facing environmental liabilities

Joel M. Gross
Arnold & Porter LLP
Joel Gross is a partner in the Washington, D.C., office of Arnold & Porter, and a member of both the firms environmental practice group as well as its bankruptcy group. Before joining Arnold & Porter in 2000, he was the Chief of the Environmental Enforcement Section at the Department of Justice. Joel advises clients on compliance strategies that can minimize the risk of enforcement actions, and has represented a wide range of clients in connection with ongoing civil and or criminal enforcement actions under the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act. He also represents clients dealing with and seeking innovative approaches to resolve remediation and natural resource damages liabilities arising from contaminated sites. He has a special interest in the interaction of the environmental laws and the bankruptcy laws and has represented both debtors and creditors in connection with environmental disputes in bankruptcy proceedings around the country.

Before joining Arnold & Porter, Joel worked for 17 years in the Environmental Enforcement Section of the Department of Justice, where he was heavily involved in some of the most significant environmental litigation of the 1980s and 1990s. For the last five years of his tenure, he was Chief of the Environmental Enforcement Section, the largest litigation section in the Department of Justice, with 160 attorneys. In that capacity, he was intimately involved in setting and implementing the federal governments environmental enforcement policies and priorities. Joels responsibilities included the entire range of federal environmental enforcement litigation, including cases under Superfund, the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Safe Drinking Water Act.

Closing Stark Loopholes

Wed Mar 10 06:00:02 EST 2010

Title : Closing Stark Loopholes

New Proposed CMS Rules Foreshadow Big Changes Ahead: Are You Prepared?

Enforcement is up, and new regulations are coming.

So says CMS in light of its new proposed rules (issued July 2, 2007) affecting Physician Self-Referral activities. While these proposed revisions are not the long-awaited Stark III regulations, they nevertheless reveal growing CMS concerns and foreshadow major changes in the next round of Stark changes, which are imminent.

In its own words, CMS is proposing to modify a number of physician self-referral provisions to close loopholes that have made the Medicare program vulnerable to abuse.

Even if CMS adopts only some of the newly proposed rules, many of today's common physician business practices will be prohibited or restricted. Under some of the proposed rules, you may even be forced to modify and entirely unwind certain existing transactions.

Are you ready for these potential changes? Do you know what specific practices CMS has targeted in the proposed rules? Join the editors of Nightingale's Healthcare News and three of the nation's top healthcare compliance experts for answers at this timely and convenient Audio CD (recorded late July 2007).

You'll examine the impact of proposed CMS changes, including
Prohibited mark-ups on purchased technical and professional services
Further restrictions on in-office ancillary services
Limitations on per-click payments in space and equipment leases
Elimination of percentage-based leases or management fees with referral sources
Expansion of covered entities  CMS is proposing to revise the all-important definition of a covered DHS entity under Stark
Stand in the Shoes rule, where CMS wants to collapse the concept of indirect financial relationships
And other miscellaneous but important sub-sections relating to Stark Law issues

Chairman: Norton L. Travis
Garfunkel, Wild & Travis, P.C.
Norton L. Travis is a founding member of the healthcare law firm, Garfunkel, Wild & Travis, P.C. Since 1980, his practice has been devoted solely to representing health care clients, and has focused primarily on transactional matters, including mergers and acquisitions, joint ventures, and related corporate matters.

As Chair of the firms Business Practice Group, Mr. Travis represents both regional and national companies active in diagnostic testing, managed care and other areas. He has also assisted many hospitals in joint ventures with outside businesses to maximize third-party revenue opportunities, while ensuring compliance with state and federal regulatory and tax exemption requirements. His role includes providing assistance on day-to-day operations and business strategies that support his clients growth and development. Mr. Travis also provides counsel on regulatory compliance (e.g., state and federal fraud and abuse, anti-kickback and self-referral laws), antitrust, and third-party reimbursement, as well as other key issues affecting health care businesses. Mr. Travis is listed in the 2006 and 2007 edition of The Best Lawyers in America under the specialty of Health Care Law as well as being recognized by the Chambers USA Guide.
Hayden S. Wool
Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
Steven J. Chananie
Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

Carve-Out Agreements

Wed Mar 10 06:00:02 EST 2010

Title : Carve-Out Agreements

Latest Status and Strategies to Protect Your Claims

Carve-out agreements that benefit unsecured creditors  often at the expense of secured creditors  are becoming more common but still remain controversial and contentious.

Are carve-outs here to stay? Why do courts continue to approve them when many believe they violate the spirit if not the law of the Bankruptcy Code?

Purchase this Audio CD (recorded in late September 2007) to learn the fall-out from the latest court decisions and examine strategies Chapter 11 creditors  secured and unsecured  are using to protect their interests.

You'll cover:

Carve-out agreements  what they are and how they've evolved
Challenges and settlements available to creditors' committees
Provisions for by-passing priority creditors
Validity of carve-out agreements: SMP Manufacturing and its progeny
Flaws and unresolved issues in decisions approving SMP carve-out agreements
Limitations on carve-out agreements
Practical problems implementing carve-outs
Who distributes funds after a Chapter 11 case is converted to Chapter 7?
Distribution of carve-out funds under a Chapter 11 plan of reorganization  will the courts confirm a plan that doesn't pay senior claims in full?
Strategies for today's secured and unsecured creditors

David E. Beker
Schwartz Cooper
David E. Beker is an attorney at Schwartz Cooper and a member of the firm's Banking and Bankruptcy Department, where he represents debtors, creditors' committees, individual creditors, and trustees in bankruptcy matters and out-of-court workouts nationwide. His experience representing debtors ranges from large public corporations to local businesses.

On the creditor side, David has represented a wide range of secured and unsecured creditors, including financial institutions, trustees, hedge funds, landlords, critical vendors, general contractors, and subcontractors. In his representation of financial institutions in bankruptcy matters, he routinely provides advice on issues related to workouts and loan restructurings, DIP financings and use of collateral by business debtors, and disposition of collateral pursuant to either Article 9 of the Uniform Commercial Code or Section 363 of the Bankruptcy Code.
Richard M. Bendix, Jr.
Schwartz Cooper
Richard M. Bendix, Jr., heads up Schwartz Cooper's Bankruptcy, Insolvency & Creditors' Rights practice. He uses his understanding of bankruptcy laws to devise creative solutions to his clients' complex legal and financial problems. Among his major cases was the successful reorganization of 203 N. LaSalle Street Limited Partnership--one of the largest single real estate cases ever filed--where he had the opportunity to argue before the U.S. Supreme Court. Richard also played a significant role in the reorganization of UNR Industries, Inc., the first company to file Chapter 11 in a respect to mass tort (asbestos) litigation.

Changes to Cross-Border Insolvencies

Wed Mar 10 06:00:02 EST 2010

Title : Changes to Cross-Border Insolvencies

Opportunities and Perils under the New Chapter 15

For those of you concerned about the impact of the new Bankruptcy Code on cross-border insolvencies, you many now purchase the Audio CD Recording of this timely 90-minute audio conference.

Recorded in November 2005 and presented by one of the nation's top international bankruptcy experts, this program will help you and your staff discover:

How the new Chapter 15 -- adopted under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) -- makes the U.S. code more compatible with other international regulations and proceedings
How courts will determine whether a proceeding is a foreign main proceeding or a foreign nonmain proceeding  and how the distinction will have a substantial impact on case administration
The types of enterprises that will be precluded from filing under the new Chapter 15
Enhanced roles and responsibilities of foreign representatives
Hidden opportunities for both debtors and creditors under this new law

Evan C. Hollander
White & Case
Evan C. Hollander is a partner with White & Cases bankruptcy and restructuring group in New York City. He regularly represents both debtors and creditors in complex Chapter 11 cases and out of court restructurings as well as parties interested in acquiring assets of troubled companies. Evan's practice also focuses on the structuring of commercial transactions to reduce or eliminate risk and on the preparation of insolvency related legal opinions.

Recent representations include: numerous aircraft finance parties in the Northwest Airlines and Delta Airlines bankruptcy cases; Deutsche Bank Trust Company Americas, as Administrative Agent in respect of the restructuring of two credit facilities secured by sixteen Boeing 747 freighter aircraft operated by Atlas Air, Inc.; Wilmington Trust Company, in its capacity as Indenture Trustee for in excess of $24 billion of senior unsecured WorldCom bonds and as a member of the Official Committee of Unsecured Creditors in the WorldCom bankruptcy; BNY Western Trust, as Indenture Trustee for in excess of $3.6 billion of First and Refunding Mortgage Bonds of Pacific Gas and Electric Company; the senior secured lenders of The Resort at Summerlin, L.P., the owner and operator of The Regent Las Vegas, a luxury hotel, casino and spa complex in Las Vegas, Nevada; Environmental Systems Products Holdings, Inc., a multinational emissions testing and equipment manufacturer in the out-of-court restructuring of in excess of $600 million of senior secured and unsecured subordinated debt obligations of the company, and in the subsequent refinancings of the restructured debt; the debenture holders of Innovative Clinical Solutions, Ltd., a publicly traded clinical trials and healthcare network management company in connection with the company's pre-packaged Chapter 11 plan; the senior secured lenders of InaCom Corp., which had been a leading single-source provider of information technology products and technology management services, in the company's liquidating Chapter 11 case; the senior secured lenders of Philip Services, Inc., in the US/Canadian restructuring of the integrated metals recovery and industrial services company pursuant to Chapter 11 of the U.S. Bankruptcy Code and the Canadian Companies Creditors' Arrangement Act; and International Wireless Communications Holdings, Inc., an owner of interests in various cellular and other wireless telecommunications companies in Asia and Latin America in its Chapter 11 reorganization.

Diagnosing Problems in Troubled Companies

Wed Mar 10 06:00:02 EST 2010

Title : Diagnosing Problems in Troubled Companies

Evaluating Turnaround Potential and Establishing the Basis for Actionable, Achievable Solutions

http://www.beardaudioconferences.com/bin/download_file.pl?filename=Audio_Conf_-__Jan_11-07_(slides_only).ppt ">Download Speaker Materials

Download" target=_new>http://www.beardaudioconferences.com/bin/download_file.pl?filename=SPEAKER_MATLS_Jan1107_Scorecards.pdf">Download Supplemental Materials

In the rush to address the multiple crises that beset a troubled company, it's easy to fall victim to squeaky wheel priorities. You can expend massive energy battling symptoms, rather than crafting real solutions.

Instead, as the critical first step, you should prepare a rapid, accurate, factual diagnosis of the fundamental challenges and risks confronting the company. You must go well beyond the raw numbers to identify the underlying causes of organizational, operational, competitive, and liquidity problems. Here's where successful outcomes are made  or missed.

Where do you begin? Order the Audio CD (recorded January 2007) of this audio conference and receive step-by-step guidance on how to conduct an effective and actionable diagnosis of a troubled business. Learn from two of the nation's top turnaround management gurus, Stephen J. Hopkins and S. Douglas Hopkins of Kestrel Consulting LLC, who collectively have led successful operational turnarounds and financial restructurings in dozens of nationally known companies.

In just 90 minutes, you and an unlimited number of your turnaround team will learn:

Four factors vital to diagnosing a troubled company
Your quickest source for identifying problems and solutions
Characteristics that identify bad management
Pareto's Law: How it helps you identify where a company is making and losing money
Scorecards for quickly assessing potential operational and competitive risks
Key operational signs that should trigger further investigation
How normal business cycles often trigger or disguise problems
Why you should focus on unit volume, not just dollar-based revenue
The importance of a simple one-page bridge analysis
Lessons learned from analyzing 100 financially troubled businesses

About Your Presenters:
Stephen J. Hopkins and S. Douglas Hopkins, a father-son team, are the founders and principals of Kestrel Consulting, LLC. Each has more than 25 years of experience working with troubled businesses, where they have provided turnaround advisory and interim management services to a broad and diverse selection of middle market companies.

The speakers are the authors of Crafting Solutions for Troubled Businesses: A Disciplined Approach to Diagnosing and Confronting Management Challenges, published recently by the Beard Group. You may order a copy of the book by visiting www.beardbooks.com.

Collectively, Steve and Doug have managed or had a major involvement in more than 150 projects. In connection with their various projects, Steve and Doug have completed more than 50 sales transactions involving troubled companies.

Who Will Benefit:
This audio conference is designed especially for:
- Current or potential practitioners of turnaround management
- Executives and managers of under-performing businesses
- Lenders and work-out officers charged with monitoring and evaluating their borrowers' performance and prospects
- Private equity firms or individual owners holding or evaluating under-performing operations
- Boards of directors wanting to understand the reasons why their business is failing to meet expectations
- Potential acquirers of a troubled business
- Any advisor, manager, or investor working with distressed businesses and interested in assessing turnaround / recovery potential

S. Douglas Hopkins
Kestrel Consulting, LLC
S. Douglas Hopkins has more than 25 years of experience working with troubled businesses. At Kestrel Consulting, he and his father Steve provide turnaround and interim management services to a broad and diverse selection of middle market companies. In connection with their various projects, Doug and Steve have completed more than 50 sales transactions involving troubled companies.

Doug and Steve also are the authors of a new 302-page book, Crafting Solutions for Troubled Businesses: A Disciplined Approach to Diagnosing and Confronting Management Challenges. This critically acclaimed book is published by Beard Books and is available at www.beardbooks.com for $74.95 plus shipping and handling.
Stephen J. Hopkins
Kestrel Consulting, LLC
Stephen J. Hopkins has more than 25 years of experience working with troubled businesses. He began his career with 18 years in financial management positions at General Electric before turning his attention exclusively to assisting financially stressed organizations. Collectively, he and his son Doug have managed or had a major involvement in more than 150 projects, including such major bankruptcy cases as Evans Products, Fairfield Communities, Cuisinart, and Doskocil. Interim CEO assignments have included companies as diverse as Worlds of Wonder (toys), Evans Financial (mortgage portfolio), Cerplex (electronic equipment), MAI-Europe (computer systems), Pinnacle Brands (sports trading cards), View Tech (videoconferencing), Yorx (audio electronics), and Combined States Holding (international shipping).

Bankruptcy Trustee Suits

Wed Mar 10 06:00:02 EST 2010

Title : Bankruptcy Trustee Suits

How to Handle and Benefit from the Coming Deluge

Bankruptcy trustees are seeking billions of dollars in damages against third parties perceived culpable in the demise of a bankruptcy company.
- How do you defend a client in such a suit? What if your law firm is the target?
- How do you prosecute such suits on behalf of a trustee?  How do you get this business as a lawyer?

Bankruptcy trustee suits have replaced shareholder class actions in the nightmares of CEOs, directors, and even law firm managing partners.

Most suits are brought for the benefit of creditors, the biggest of which are usually banks and investment funds. With today's financial market turmoil, you can expect more and more creditors to be aggressive in recouping losses.

As an attorney, you are likely to be approached by a client to defend against such suits.  It's even possible your firm could be a target. On the flip side, prosecuting such suits for a bankruptcy trustee can be rewarding business.

To learn how get these cases and prosecute and defend them, invest in this Audio CD (recorded late January 2009), where noted restructuring experts Hugh Ray and Jeff Spiers update you on the latest developments and lead you step-by-step through the evolution of a bankruptcy trustee suit. They use real-world case studies such as Bank of New England, Enron, and others to illustrate key prosecution and defense strategies and dynamics and spotlight crucial court decisions. You learn:

Why the risks of bankruptcy trustee suits are greater than ever
Legal foundations behind the suits
Differences between trustee suits and shareholder claims
The structure and management of bankruptcy litigation trusts, including how they are funded
How bankruptcy trustees select counsel to prosecute suits and retention arrangements
Special powers available to bankruptcy trustees
Special evidentiary issues
Potential remedies and damages available to plaintiffs
Current and recent cases  what you can learn from the mistakes of others
Major uncertainties still to be resolved by the courts
Proven defense strategies  in spite of the weakening of the in pari delicto defense
Real-world risk management strategies you should apply now to protect your clients and your firm

Hugh M. Ray
Andrews Kurth LLP
Hugh M. Ray is a partner with Andrews Kurth LLP, where he heads the firms national bankruptcy practice. He represents trustees, debtors, secured and unsecured creditors, lenders and bondholders in many of the foremost Chapter 11 proceedings in the nation. He has testified several times before Congress concerning proposed amendments to the Bankruptcy Code and is a previous chair of the ABA Business Law Sections Business Bankruptcy Committee. Hugh was named the #1 bankruptcy attorney in Texas by the Texas Lawyer Go to Guide in 2002, and is the author of the book Bankruptcy Investing, published by the Beard Group.

Jeffrey E. Spiers
Andrews Kurth LLP
Jeffrey E. Spiers is a partner with Andrews Kurth, where his experience includes workouts and commercial bankruptcy proceedings for a wide variety of lending and borrowing clients. Major cases in which he has actively participated include the Hunt brothers trust estate and individual bankruptcy cases, Continental Airlines, Zale Corporation, and Columbia Transmission Corp. More recently, Jeff has served as committee counsel in the bankruptcy cases of Philip Services Corp. and as special counsel to the debtors in the Enron bankruptcy cases. He was selected as one of the Outstanding Young Bankruptcy Lawyers 2001 by the Turnarounds and Workouts newsletter and has been selected by his peers as a Texas Super Lawyer in Texas.

Hospitals in Crisis: The Insolvency Crisis Plaguing Hospitals Across the U.S.

Wed Mar 10 06:00:02 EST 2010

Title : Hospitals in Crisis: The Insolvency Crisis Plaguing Hospitals Across the U.S.

Strategies for Financially Troubled Healthcare Facilities

Hospitals and other healthcare providers are facing an insolvency crisis of mounting proportions. No longer can you rely on government-funded subsidies or bailouts, even for non-profit institutions.

What options  short of filing for Chapter 11 or closure  are available to financially troubled healthcare facilities? What national and state reforms are on the horizon? And, if bankruptcy is indeed your best option, what pre-filing strategies should you adopt to ensure the most successful turnaround?

Order this Audio CD (recorded late April 2007) and learn from two experts in healthcare restructuring. They examine current trends in healthcare insolvencies and spotlight what other healthcare providers are doing to stem the crisis in their own facilities.

This 90-minute Audio CD  which includes written materials - covers:

Evolving factors triggering this crisis, including:
o Changing urban demographics
o Rising population of uninsured or indigent patients
o Declining reimbursement rates
o Increasingly burdensome regulations
o Surging medical malpractice claims
o Consistent decline in hospital occupancy rates
How developments in New York State foreshadow changes for the rest of the country
The Berger Commission's landmark recommendations for revamping healthcare systems
Performance indicators for financial health
Proven strategies to combat insolvency
Privatization of public hospitals  the political and financial realities
Pros and cons of filing for Chapter 11
Impact of Chapter 11's Automatic Stay provision on financial conditions
And much more

Who Will Benefit:
This material is designed for senior executives, chief financial officers, board members, medical members, general counsel and all staff members involved in the administration of hospitals and healthcare providers.

Afsheen Shah
Garfunkel, Wild & Travis, P.C.
Afsheen Shah is an associate at Garfunkel, Wild & Travis, P.C., which she joined in 2003. She is a member of the firms Corporate Reorganization and Bankruptcy Practice Group, which advises clients on bankruptcy related issues.

Ms. Shahs practice is focused in the areas of creditor rights, workouts, business acquisitions and restructurings. She has represented various businesses, hospitals, landlords and creditors committees.

Prior to joining the firm, Ms. Shah was an associate at Certilman Balin Adler & Hyman, LLP, where she participated in various bankruptcy and foreclosure related matters, including the representation of banks, landlords and Chapter 7 Trustees.

Burton S. Weston
Garfunkel, Wild & Travis
Burton S. Weston is a partner at Garfunkel, Wild & Travis, P.C., which he joined in 2002 after administering his own firm for 15 years.

Mr. Weston is Chair of the firms Corporate Reorganization and Bankruptcy Practice Group, representing debtors, creditors and creditor constituencies in all aspects of the Chapter 11 process. He is also a member of the firms Business Practice Group, which advises clients on a broad array of corporate and transactional matters.

Mr. Westons practice includes the preparation and prosecution of Chapter 11 cases for corporate debtors, the representation of creditors committees, creditor constituencies and individual creditors in reorganization cases, the acquisition and disposition of assets and business in the Chapter 11 context, the development of competing plans of reorganization for potential acquirors of distressed entities, the advise of parties in connection with the claims trading process, debtor-in-possession financing, the defense of preference and fraudulent conveyance actions, and the representation of landlords to Chapter 11 debtors.

Mr. Weston has co-authored a bankruptcy text for inside counsel and other practitioners entitled Bankruptcy Strategies for Corporate Creditors," and lectures frequently on creditors rights and asset protection issues to professional groups and attorneys.

Mr. Weston's past experience reflects a blend of public and private service. Mr. Weston served as an Assistant United States Attorney for the Eastern District of New York and he is a member of the Board of Directors of Transition Services of Long Island, a Suffolk County based not-for-profit agency.

Corporate Bankruptcy Bootcamp: A Nuts and Bolts Primer for Navigating the Restructuring Process

Wed Mar 10 06:00:02 EST 2010

Title : Corporate Bankruptcy Bootcamp: A Nuts and Bolts Primer for Navigating the Restructuring Process

Corporate bankruptcy has emerged as a strategic alternative for corporate America to ensure enduring value for stakeholders.

While Chapter 11 bankruptcy historically has been associated with the demise of corporate entities, today some companies have turned this process to their advantage, leading to streamlined operations, improved balance sheets, and as a result, have emerged leaner, more competitive and better poised for long-term growth.

To delve further into the topic of effective corporate restructuring, this Audio CD (recorded January 2008) provides:

A brief history and overview of the Chapter 11 process, including the evolution and potential benefits/challenges of the process.
An example of real-world corporate restructurings that demonstrate the various stages and the potential outcome of well-orchestrated, streamlined Chapter 11 bankruptcies.
The five principles of a successful Chapter 11 restructuring.

Jonathan A. Carson
Kurtzman Carson Consultants LLC
Jonathan A. Carson, J.D., is President and Co-Founder, Kurtzman Carson Consultants LLC. A former corporate-restructuring attorney, Jonathan possesses an in-depth understanding of Chapter 11 and serves as an industry expert on trends and developments within the evolving corporate restructuring arena.

He co-founded Kurtzman Carson Consultants LLC (KCC), a provider of technology-based, administrative solutions for the legal and financial industries, to pursue a shared vision for fast, efficient and highly reliable restructuring administration services from the perspective of professionals who understand the industry and its challenges. As President of KCC, Jonathan oversees the design and development of the companys proprietary, web-based technology. He also serves as the lead in business development and marketing initiatives, maintaining and growing client relationships. He has contributed to KCCs growth and recent recognition as one of the fastest growing companies in America.

Prior to establishing KCC, Jonathan was a corporate-restructuring attorney with Kirkland & Ellis LLP in the firms Chicago office, as well as at Pachulski, Stang, Ziehl, Young & Jones P.C in Los Angeles. In his previous positions, Jonathan represented numerous debtors in their restructuring efforts including: United Artists Theatre Corp.; Babcock & Wilcox; Harnischfeger Industries, Inc.; and Indesco International, Inc. Jonathan began his professional career as the Judicial Law Clerk to the Honorable Geraldine Mund, United States Bankruptcy Judge, Central District of California (Los Angeles). A frequent guest speaker at industry events, Jonathan has spoken at gatherings of the National Conference of Bankruptcy Judges and the American Bankruptcy Institute. He lectures on a regular basis at Northwestern University School of Law, Chicago Kent College of Law and the University of California at Los Angeles School of Law.

IP Rights In Bankruptcy:

Wed Mar 10 06:00:02 EST 2010

Title : IP Rights In Bankruptcy:

An Update From The Trenches

The major role intellectual property, or "IP," plays in our economy makes intellectual property licenses an especially significant type of executory contract.

Whether you are representing the debtor or the non-debtor party, a licensor or a licensee, it's important to know what can happen to IP licenses when a bankruptcy is filed.

In this Audio CD (recorded June 2007), Cooley Godward Kronish Bankruptcy and Restructuring partners Bob Eisenbach, publisher of In The (Red): The Business Bankruptcy Blog, and Richard Kanowitz, who litigated the leading Footstar decision, will guide you through the thicket of issues presented when IP rights meet bankruptcy.

Your CD recording covers:

How IP law impacts a debtor's ability to assume and assign licenses
The Hypothetical, Actual, and new Footstar tests for determining whether a debtor can assume an IP license
What constitutes consent to assignment on an IP license
How non-exclusive and exclusive licenses are treated
Whether trademark licenses are treated like patent and copyright licenses in bankruptcy
How the Bankruptcy Code's special licensee protections work
What trademark licensees in particular can do to protect themselves from bankruptcy
How infringement claims fare in bankruptcy
What IP owners can do to protect their rights in the event of a bankruptcy sale
The latest trends on IP and bankruptcy issues

Richard S. Kanowitz
Cooley Godward Kronish LLP
Richard S. Kanowitz is a partner in the Firm's Bankruptcy & Restructuring practice. Mr. Kanowitz joined Kronish Lieb Weiner & Hellman in 2000, which was merged into Cooley Godward Kronish LLP in 2006. Mr. Kanowitz is resident in the New York office. Mr. Kanowitzs practice focuses on corporate reorganization and bankruptcy litigation and has represented corporate debtors in a multitude of businesses including telecommunication services, manufacturing and retail. He also represents official committees of unsecured creditors, secured and unsecured creditors and landlords in national Chapter 11 cases. Recent representations include: The official committee of tort claimants in the Chapter 11 cases of Saint Vincent Catholic Medical Centers of New York, pending in the Southern District of New York. The official committee of unsecured creditors in the Chapter 11 cases of specialty footwear retailer Footstar, Inc., in the Southern District of New York. The creditors' committee was instrumental in securing a 100% distribution plus 4.25% interest per annum for general unsecured creditors under the terms of the confirmed plan of reorganization. Metromedia Fiber Network, Inc. and its 14 affiliated debtors in their successful Chapter 11 case in the Southern District of New York. Optel, Inc. and its 23 affiliates in their Chapter 11 case in the District of Delaware. Old UGC, Inc. in its Chapter 11 case in the Southern District of New York. The representation of the Enron Employee-Related Issues Committee in pursuing the recovery of over $53 million in accelerated deferred compensation payments made to top hat Enron employees within the 90 days of Enrons bankruptcy filing.
Mr. Kanowitz was named by Turnarounds & Workouts as one of the Outstanding Young Bankruptcy Lawyers in 2004. Mr. Kanowitz earned a J.D. from Hofstra University School of Law in 1992, where he served as a member of the Hofstra Law Review. He received his B.A. with Distinction and Class Honors from the University of Michigan in 1989.

Mr. Kanowitz is admitted to practice before the New York State Bar and New Jersey State Bar. He is a member of the bars of the U.S. Court of Appeals for the Second and Third Circuits, the U.S District Courts in the Southern, Eastern and Northern Districts of New York and the District of New Jersey.
Robert L. Eisenbach
Cooley Godward Kronish LLP
Robert L. Eisenbach III is a partner in the Cooley Godward Kronish Bankruptcy & Restructuring practice group. He joined the Firm in 1986 and is partner in charge of the San Francisco office. Listed in The Best Lawyers in America for Bankruptcy and Creditor-Debtor Rights Law, and recognized as one of Northern Californias Super Lawyers, Mr. Eisenbach focuses his practice on bankruptcy and restructuring matters. He frequently represents unsecured creditors committees in Chapter 11 cases in a range of industries, including semiconductor and storage technology, biotechnology, healthcare and retail. In addition, Mr. Eisenbach regularly guides companies and their boards of directors through Chapter 11 and out-of-court restructurings. He is often asked by purchasers to help them navigate the unique issues involved when buying assets from financially troubled or bankrupt companies. He has represented clients in a wide variety of bankruptcy-related litigation, director and officer liability litigation, complex commercial litigation and intellectual property cases. Mr. Eisenbachs recent representations include: Old UGC, Inc., The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Deltagen, Inc., a public biotech company, in the Northern District of California; Major landlords in the Chapter 11 reorganizations of Redback Networks, Inc., and Cable & Wireless USA, Inc., in the District of Delaware; The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of San Jose Medical Clinic, Inc., in the Northern District of California; The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Music Semiconductors, Inc., in the Northern District of California; and other clients as creditors in bankruptcy cases throughout the United States, including Enron, WorldCom, Teleglobe, Ultimate Electronics, and others.

Mr. Eisenbach publishes In The (Red): The Business Bankruptcy Blog, as a way for CEOs, CFOs, boards of directors, credit professionals, in-house counsel and others to stay informed about important business bankruptcy issues and developments. He has served as Vice-Chair of the Subcommittee on Technology-Oriented Bankruptcies of the Business Bankruptcy Committee of the American Bar Associations Business Law Section .

IP Investment Strategies

Wed Mar 10 06:00:02 EST 2010

Title : IP Investment Strategies

Audio Bootcamp for Identifying and Leveraging Under-Valued Intellectual Property Assets

Intellectual property has emerged as an important new source of opportunity for the investment community.  Whether in the form of trademark rights, patent portfolios, proprietary trade secrets, or other contractual licenses and rights, businesses are increasingly relying on their intellectual property assets for competitive edge  and investors have taken notice.

As investors understand how businesses develop and strategically manage their intellectual property assets, they have new information about how businesses maintain pricing power, barriers to entry, and market share.  They also understand how mis-priced and underutilized intellectual property assets can present investment arbitrage opportunities.

Information resulting from intellectual property identification and analysis can be the basis of an investment decision, new investment idea, or creative financing structure, and a great deal of innovation relating to intellectual property is occurring in the investment industry.

Purchase this Audio CD (recorded in October 2007) and join David Ruder, Terrier IP Investments, LLC, as he provides investors with a framework to analyze intellectual property assets and to develop intellectual property-based investment strategies.

You'll cover:

Today's top trends, challenges and opportunities in IP investing
How and why potentially lucrative IP assets are often hidden
Proven ways to analyze a corporate IP portfolio for opportunities
Readily available information resources for identifying new investment ideas
Innovative IP investment strategies, including:
o Fundamental equity investing
o Opportunistic arbitrage (licensing and litigation)
o Securitization deals
o Public market investment products
Essentials of IP licensing agreements
Impact of recent Supreme Court rulings and potential patent reforms on investors
Insights for IP-rich companies seeking capital

Who Will Benefit:
Managers of private equity firms looking for ways to acquire and commercialize specific IP assets; hedge fund managers seeking to uncover new insights into publicly traded stocks; opportunistic entrepreneurs look for new ways to make money. IP attorneys will also benefit.


David S. Ruder
Terrier IP Investments, LLC
David S. Ruder has been working with intellectual property investment issues throughout his career as an investment banker, attorney, and intellectual property entrepreneur. In 2007 he established Terrier IP Investments, LLC, a private investment firm focused on intellectual property-based investments in firms backed by private equity and venture capital.

He began his career working as an investment banker on Wall Street, helping companies in the consumer and entertainment sectors raise capital or engage in M&A transactions. Based on early exposure to intellectual property issues, he went on to receive a JD/MBA from Northwestern University with concentrations in technology and intellectual property. He practiced law for a major national law firm, working on intellectual property transactions including patent licenses, software development agreements, and due diligence on private equity buyouts. David also performed IP due diligence for private equity clients who would purchase companies or assets with IP portfolios.

Upon seeing increased interest intellectual property from the investment community, he co-founded River West Brands LLC, where he pioneered a method for acquiring and licensing dormant consumer brand intellectual property. He completed transactions with several Fortune 500 companies in the consumer sector relating to the sale, licensing, and acquisition of brand intellectual property assets. Example transactions include the acquisition of the NUPRIN brand of ibuprofen from Bristol-Myers and the later sale of the brand to CVS Corporation; the acquisition of intellectual property relating to the COLECO video game brand; and the acquisition of the SOHO NATURAL SODA brand and its license to Arizona Beverage Co. While at River West, David formed a strategic alliance with Ocean Tomo, LLC, which was then a startup intellectual capital merchant bank. He helped form Ocean Tomos M&A advisory practice, which was focused on advising companies how to position their patent portfolios and other IP assets in the context of raising financing or forming joint ventures.

David is also a co-founder of Adaptive Alpha LLC, which is a research and development company focused on developing inventions and understanding risk in the asset management industry. Adaptive Alpha has authored several papers and has begun building a patent portfolio around its work. Most recently, David has been a consultant to Altitude Capital Partners, which is focused on investments in businesses with compelling intellectual property litigation portfolios.

Second Lien Financings and Intercreditor Agreements

Wed Mar 10 06:00:02 EST 2010

Title : Second Lien Financings and Intercreditor Agreements

Risks They Pose in Bankruptcies

Second lien lending and the intercreditor agreements that accompany most second lien transactions have experienced substantial growth in the past decade.

However, these agreements have not been tested to any great degree by the bankruptcy courts, leaving many questions as to their enforceability unanswered.

This Audio CD (recorded April 2007), with Mark Berman, partner with the national law firm of Nixon Peabody LLP, explores the latest legal developments in second lien lending and bankruptcy provisions contained in intercreditor agreements. You examine the give-and-take between the first and the second lien positions in negotiations over intercreditor agreements. You also learn why these agreements are important, what language they should contain, and how to make them more enforceable in a subsequent bankruptcy case.

Specific topics include:

Why do you need an intercreditor agreement in second lien financings?
What do first lien lenders want out of an intercreditor agreement?
What do second lien lenders want out of an intercreditor agreement?
What factors influence the leverage of the first or the second lien lender to get what they want?
What have the courts said about the enforceability of provisions in intercreditor agreements?

Mark N. Berman
Nixon Peabody LLP
Mark N. Berman is a member of the firm's Financial Restructuring & Bankruptcy Practice Group and supports the Securitization and Structured Finance Team, the Bank Finance Team and the Public Finance Group. Over his more than 30 year career, Mr. Berman has represented virtually every kind of interest that might be involved with a financially troubled business or individual. He also participates in the firm's Hedge Fund Team.

Recent representative engagements include: Bank Finance - Negotiation of intercreditor agreements and subordination agreements in second lien and mezzanine financings. Public Finance - Financing of new stadium for New York Yankees, Financing of new stadium for New York Mets, Refinancing of Gillette Stadium (New England Patriots)
Financing of military housing developments. Structured Finance - True sale opinions in sale of various assets including government contract payments, mortgage loans and accounts. Financial Restructuring & Bankruptcy - Dana Automotive Systems, Inc. (collateral trustee for second lien lenders), Out of Court restructuring of a business on behalf of agent for secured bank syndicate, The Colad Group, Inc. (agent for industrial revenue bond financing), Divine, Inc. (significant creditor, landlord and equity holder).

Successful Healthcare Gainsharing

Wed Mar 10 06:00:02 EST 2010

Title : Successful Healthcare Gainsharing

Beyond '101' -- Managing the Legal Risks of Hospital-Physician Collaboration Programs

Throughout the U.S., gainsharing plans  rewarding physicians for measurable cost savings  are on the upswing.

Hospitals and physicians are collaborating on arrangements that align incentives, improve the quality of care, and tackle the high costs of devices and supplies. But gainsharing is not without its critics and potential pitfalls. Poorly constructed arrangements risk exposure to federal civil monetary penalties and violations of anti-kickback and Stark laws.

How can you realize the benefits of gainsharing while minimizing its legal risks? Order this 90-minute Audio CD (recorded late January 2009) and let two of the nation's leading healthcare attorneys show you how a compliant gainsharing program works and update you on the latest federal rules and incentives. You learn

Latest CMS and the OIG (HHS Office of the Inspector General) guidance, including advisory opinions
Common gainsharing arrangements  what's legal and what's not
Criteria OIG uses to evaluate properly structured plans
Results of latest federal focus on gainsharing arrangements, including demonstration projects
Proposed  safe harbor/exception
Physician incentive programs that DON'T require OIG approval
How gainsharing is faring in the courts (Robert Wood Johnson Univ. Hosp. v. Thompson)
Important related issues, including challenges for tax-exempt organizations
Lessons learned on the front lines of gainsharing. How are hospitals and physicians making these programs work?

Who Will Benefit:
This Audio CD is for all those who need to understand the current legal landscape surrounding gainsharing arrangements, including industry professionals at law firms, hospitals (Chief Compliance Officers and General Counsel), managed care organizations, and physician practice management professionals.

Carrie Valiant
Epstein, Becker & Green, PC
Carrie Valiant is a Member of the Firm in the Health Care and Life Sciences Practice of Epstein, Becker & Green, where she co-chairs the firm's healthcare fraud group. Also based in Washington, D.C., Carrie has 25 years of experience specializing in healthcare fraud and abuse and government healthcare program payment matters, including the design and implementation of corporate compliance programs, preparation of OIG advisory opinion requests, and conduct of internal investigations and voluntary self-disclosures. She is the author of the book, "Legal Issues in Health Care Fraud and Abuse: Navigating the Uncertainties," and has been featured in Nightingale's Healthcare News as one of 2004's Outstanding Fraud and Compliance Lawyers. The National Law Journal also selected Carrie as one of "40 Health Care Lawyers Who Have Made Their Mark" in the area of white collar crime.
Marci Handler
Epstein, Becker & Green, PC
Marci Handler is a Member of the Firm in the Health Care and Life Sciences Practice of Epstein, Becker & Green, P.C. Based in Washington, D.C, her practice focuses on health regulatory compliance counseling for academic medical centers, health care systems, managed care organizations and pharmaceutical and life science industry companies. Marcis areas of focus include federal and state fraud and abuse laws, Medicare/Medicaid compliance, Stark Law, Anti-Kickback Statute, Medicare Advantage and Medicare Part D. She was listed among the Outstanding Hospital Lawyers in 2005 by Nightingales' Healthcare News.

Stark and Anti-Kickback 101

Wed Mar 10 06:00:02 EST 2010

Title : Stark and Anti-Kickback 101

What You Must Know about Self-Referral and Fraud and Abuse Law

The Stark statute  aimed at preventing physician conflicts of interest  is full of legal gray areas that threaten a physician's livelihood. Furthermore, Stark holds you liable regardless of intent, meaning you can inadvertently violate the law without knowledge or malice, yet still face the full consequences of payment denials, refunds, fines, and exclusions.

In this 90-minute Audio CD (recorded March 2007), one of the nation's most recognized authorities on physician fraud and abuse law teams with CMS's top Stark official to explain  in everyday terms  the purpose of Stark, how it differs from the anti-kickback statute, and how to tell when either law applies to you. They also clarify the key terms you must understand and outline the most important exceptions and safe harbors.

This Audio CD Recording  presented by Charles Oppenheim of Foley and Lardner and Don Romano, the Director of the CMS Division of Technical Payment Policy  includes:

How the anti-kickback law differs from Stark  and why it's important to know the difference
Three elements required for an anti-kickback violation
Potential consequences of violating the anti-kickback law
What safe harbors are available to you
Definitions of key terms, including financial relationship, group practice, and fair market value
Self-referral prohibitions under Stark
Types of Designated Health Services covered by Stark
Types of physicians covered by Stark
Penalties for Stark violations
Explanation and analysis of key exceptions, including:
o Acceptable compensation arrangements
o Selected ownership exceptions
o In-office ancillary services
Structuring arrangements to comply with the law
When per click arrangements are permissible
Anticipated changes for physician recruitment
Current Stark enforcement initiatives at CMS

Who Will Benefit:
This practical program is designed for attorneys, healthcare compliance officers, and physicians who must protect their clients, institutions and themselves from self-referral and fraud and abuse risks.

Charles B. Oppenheim
Foley & Lardner, LLP
Charles B. Oppenheim is a partner with Foley & Lardner LLP. A nationally recognized expert on Stark law issues and a member of the firm's Health Care Industry Team, he focuses his practice on all aspects of transactional, operational and regulatory health care law. For many of the largest health care companies in the U.S., Charles provides counseling on the anti-kickback and Stark laws, creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of health care providers. He is the author of "Stark Final Regulations: A Comprehensive Analysis of Key Issues and Practical Guide, Third Edition", published by the American Health Lawyers Association.
Donald H. Romano
Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.

Twenty-Day Claims

Wed Mar 10 06:00:02 EST 2010

Title : Twenty-Day Claims

Under New Section 503(b)(9) of the Bankruptcy Code

In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress created a new priority for claims of vendors that supply goods to debtors in the 20-day period immediately prior to the debtor's bankruptcy filing

What seemed to be a minor revision to the Code, section 503(b)(9) has had an impact, both intended and unintended, that has greatly shifted the dynamic between debtors and their suppliers in a number of interesting, untested and unexpected ways.

Invest in this Audio CD (Recorded May 2007) and listen as Jeff Ellman and Ryan Routh of Jones Day focus upon the various aspects and interesting issues that have since been raised by this new priority.

They discuss:

An analysis of the language of section 503(b)(9) and the potential issues to be litigated in connection with this provision
Timing of payment of Twenty Day Claims.
Recent judicial decisions interpreting the provision.
Treatment of such claims in recent large chapter 11 cases, including application of bar date provisions to Twenty Day Claims
A number of other consequences of the enactment of section 503(b)(9), including the impact on preference litigation, critical vendor relief and claims trading.
Practice pointers relating to Twenty Day Claims

Jeff Ellman
Jones Day
Jeff Ellman, partner, oversees the business restructuring and reorganization practice in Jones Day's Atlanta Office of Jones Day. Jeff's practice focuses primarily on corporate bankruptcy, restructuring, bankruptcy litigation, and other insolvency-related matters. Jeff has played an active role in the Firm's representation of debtors, secured lenders, asset purchasers, creditors' committees, and other parties in interest in large corporate restructurings, including representations of debtors in the chapter 11 cases of Dana Corporation, NexPak Corporation, World Kitchen, LTV Steel Company, Purina Mills, Montgomery Ward & Co., Fruehauf Trailer Corporation, The Elder-Beerman Stores Corp., Baldwin Builders, and Rax Restaurants. Other matters include representation of: Federated Department Stores as the purchaser of R.H. Macy & Co. in its chapter 11 case; International Steel Group as the purchaser of substantially all of the assets of Weirton Steel and Georgetown Steel in their chapter 11 cases; Wachovia Bank, N.A. as agent for the secured lender group in the Horizon PCS chapter 11 cases; International Paper Company as the largest unsecured creditor and a major contract party in the chapter 11 case of Androscoggin Energy; USX Corporation as the largest unsecured creditor in the Republic Technologies International cases.

Jeff also has provided insolvency-related advice to Firm clients in litigation and transactional contexts and has participated in out-of-court restructurings on behalf of a variety of parties. In addition, he counsels clients on fraudulent conveyance, illegal dividend, preferential transfer, fiduciary duty, and corporate formalities issues and has represented entities in the related structuring and consummation of spin-offs, recapitalizations, and other corporate transactions.
Ryan Routh
Jones Day
Ryan Routh, Associate, joined Jones Day in early 1999 and has worked exclusively in the Firm's Business Restructuring and Reorganization practice, focusing on corporate bankruptcy, restructuring, and other insolvency-related matters. Ryan's practice primarily focuses on the representation of debtors in large chapter 11 cases. He has significant experience in chapter 11 debtor representations and has developed particular know-how in claims matters and related litigation. Ryan has most recently been involved as debtor's counsel in the chapter 11 cases of Dana Corporation, NexPak Corporation, LTV Steel Company, and Alderwoods Group (f/k/a Loewen Group International).
In addition, Ryan has experience in the representation of bank groups, unsecured creditors, contract parties, purchasers of assets, and defendants in avoidance actions in some of the nation's largest bankruptcy cases, including those of United Airlines, US Airways, 360networks, and Metricom. In connection with such nondebtor representations, Ryan has represented CIT Group/Business Credit, National City Bank and its affiliates, and Marconi Communications. He also has experience representing clients in out-of-court restructurings and liquidations and in involuntary bankruptcy cases. These representations have made Ryan familiar with virtually all aspects of modern bankruptcy practice. Ryan was selected as an "Ohio Rising Star" by Law & Politics in 2006 and is a member of the Ohio State Bar Association and the Cleveland Bar Association.

2009 Physician Fee Schedule Proposed Rule

Wed Mar 10 06:00:02 EST 2010

Title : 2009 Physician Fee Schedule Proposed Rule

What Providers Need to Know to Prepare for the Changes

CMS has proposed changes to the Anti-Markup Rule, Gainsharing, and other provisions affecting physicians who offer imaging services. Learn directly from CMS and top legal analysts how these developments could impact your bottom line.

After more than a year of mixed signals and a flood of public comments, CMS has proposed significant changes to the purchased diagnostic test rule, also known as the Anti-Markup Rule.

In its proposed 2009 Physician Fee Schedule released June 30, CMS outlines two alternatives that would NOT apply the rule to diagnostic testing services provided by a physician who shares a practice with a single physician or physician organization. The new rules also clarify certain key terms and concepts  including what constitutes the office of the billing physician or other supplier and who is an outside supplier.

Moreover, the new proposed rules outline a ground-breaking Stark Law exception for gainsharing, pay-for-performance, and other incentive payment and shared-savings programs offered by hospitals.

Purchase this Audio CD (recorded late July 2008) and let a trio of the nation's leading healthcare attorneys  along with senior CMS representatives Donald Romano and Lisa Ohrin  explain the proposed new rules, answer your questions, and get you and your colleagues up to speed on the changes. You'll examine

How the two new anti-markup proposals compare  common themes and key differences
Who's covered by the rules, and when would they take effect
Clearer definitions of  site of service as the continuing controversial factor in determining markup
Other new CMS definitions impacting physician organizations such as professional corporations or medical groups
Possible exceptions, including some hub and spoke arrangements
Effect of employment status of test performers  including independent contractors and part-time employees
CMS's latest thinking on calculating net charges and allowing some overhead cost recovery
New Stark Law exception for gainsharing and other incentive programs
Changes to incentive program enrollment rules for physicians, non-physician practitioners, and independent diagnostic testing facilities
Existing arrangements that could require restructuring
CMS insights and perspectives about the proposed new rules

Who Will Benefit:
Any provider of diagnostic ancillary services (including both imaging and lab) and managers, compliance personnel, in-house counsel, accountants, and other consultants involved in diagnostic ancillary services.

Donald H. Romano
Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.
Hayden S. Wool
Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
Lisa Ohrin
Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues.

Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
Steven J. Chananie
Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

Employee Benefits and Executive Compensation under the New Code

Wed Mar 10 06:00:02 EST 2010

Title : Employee Benefits and Executive Compensation under the New Code

Limits and Loopholes for Troubled Companies

New ground rules are now in effect for employees and executives of insolvent or distressed companies.

Under the revised Bankruptcy Code, companies that have filed  or plan to file  for Chapter 11 face much stricter rules governing employee retention plans, bonuses, severances, medical benefits, retirement plans, and more.

Are you on top of these changes? Order this Audio CD (recorded February 2006) and, in just 90 minutes, you can discover

New restrictions on Key Employee Retention Plans (KERPs)  what you can expect the courts to approve and disapprove
Three new criteria for justifying retention bonuses
New limits on severance payments  potential problems with the new 10 times rule
Why you may want to change the duties of some employees to protect them from insider status
Exclusions and exemptions impacting retirement funds
Protection of retirement benefits for individual debtors
Why the new code should increase money the PBCG, insurance companies and fiduciaries can recover from bankrupt companies
Contributions to employee benefit plans  who owns these funds when the employer goes bankrupt?
Important new duties for retirement plan administrators
Who pays for the expenses to administer and terminate employee benefit plans?
Gray areas still to be decided by the courts
And much more

James M. Sullivan
McDermott Will & Emery
Your instructor, James M. Sullivan, is a partner in the New York office of McDermott Will & Emery and a member of the firm's Corporate Department. He concentrates his practice in corporate reorganizations, finance, banking and commercial law. He has extensive experience representing corporations and financial institutions with the restructuring of asset and non-asset based loans.

Business Valuations in Healthcare

Wed Mar 10 06:00:02 EST 2010

Title : Business Valuations in Healthcare

Best Practices for Maximizing the

Mergers, joint ventures, buyouts, and bale-outsas healthcare business arrangements become more complex, fair market valuations in the healthcare industry are more important than ever.

In this Audio CD (recorded late January 2007), two of the nation's top authorities on the valuation of healthcare enterprises  Jeff Sinaiko and Greg Endicott of Sinaiko Healthcare Consulting  demystify the valuation process, share best practices for maximizing the value of healthcare valuations, and help you maintain compliance while making the best deals possible.

This 90-minute Audio CD Recording  which includes written materials and the Questions and Answers/Discussion session from the conference  includes:

Valuation background and basicswhat you need to know before you begin
Key steps in the valuation process
Proven methodologies used for valuation in healthcare settings
Specific project types and the special challenges associated with each, including:
o Physician practice acquisitions
o Diagnostic imaging
o Ambulatory surgery centers
o Alternatives such as per click type arrangements
Common missteps in the valuation process  and how to avoid them
Today's best practices in healthcare business valuations

Who Will Benefit:
This practical program is designed for hospital, ancillary service and physician business leaders, CEOs, CFOs, healthcare attorneys, and business development executives.

J. Gregory Endicott, CPA/ABV, ASA
Sinaiko Health Consulting, Inc.
J. Gregory Endicott, CPA/ABV, ASA, is the Managing Director of Valuation Services for Sinaiko Healthcare Consulting. An experienced financial consultant with extensive business valuation experience in the healthcare industry, Greg is responsible for all aspects of Sinaiko's valuation practice. He joined Sinaiko after serving as an Associate Managing Director of Kroll, Inc., and as a Consulting Manager for Arthur Andersen LLP. Greg has performed a substantial number of valuations for compensation arrangements, acquisitions, divestitures, joint ventures, tax planning, corporate reorganizations and financial reporting.
Jeff Sinaiko
Sinaiko Health Consulting, Inc.
Jeff Sinaiko is President of Sinaiko Healthcare Consulting, Inc., in Los Angeles. He has extensive experience in advising on complex transactions, practice operations, compliance improvement projects and strategic issues, especially in the areas of hospital/physician and for-profit/not-for-profit relationships. Jeffs clients include hospitals, health systems, medical groups, ancillary service providers and other healthcare provider businesses. He also assists such clients with strategic business development projects.

Coming Changes in Small Business Bankruptcy

Wed Mar 10 06:00:02 EST 2010

Title : Coming Changes in Small Business Bankruptcy

New Deadlines, Dilemmas and Decisions under BAPCPA

For those of you concerned about the impact of the new bankruptcy law on small business insolvencies, you can now purchase the Audio CD Recording of this timely 90-minute audio conference.

Recorded in late October 2005 and presented by one of the world's top bankruptcy experts, this conference covers --

How the new Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)  effective October 17, 2005  changes Chapter 11 filings for small businesses
New strict deadlines you must meet for filing reorganization plans
Mandatory financial reports you must prepare under the new 1116
Perils of not filing the proper forms  new expanded rules courts can use to dismiss Chapter 11 filings
New reclamation remedies and utility service provisions that could handicap small businesses
How the new law defines a small business  and what loopholes are available

Experts agree BAPCPA has potentially dire consequences for entrepreneurs, independent contractors, and self-employed people  particularly those who use bankruptcy relief to survive a lean business cycle. Purchase this unique Audio CD Recording to ensure you're ready for all the turmoil likely to be unleashed by this massive new 500-page law.

Outline/Agenda for Audio Conference:

1. Definitions of "Small Business" Chapter 11 Cases
2. Changes in Disclosure Statement Requirements
3. Reporting Requirements for Small Business Debtors
4. Duties of Debtors (and Trustees) in Small Business Cases
5. Filing and Confirmation of Plan of Reorganization
6. Duties of the U.S. Trustee in Small Business Cases
7. Dismissal or Conversion of Small Business Debtor Chapter 11 Cases
8. Serial Filing and Automatic Stay

Stephen B. Selbst
McDermott Will & Emery
Stephen Selbst is a partner in the law firm of McDermott Will & Emery and head of the firms New York bankruptcy practice. He has represented debtors, secured creditors, bondholders and distressed investors in Chapter 11 cases for more than 20 years.

In recent engagements, he served as co-counsel to Parmalat USA in its successful reorganization, and he currently serves as counsel to St. Vincents Catholic Medical Centers of New York and to AMBAC Assurance Corp. in the Delta Airlines case.

Calpine's Chapter 11 Filing

Wed Mar 10 06:00:02 EST 2010

Title : Calpine's Chapter 11 Filing

Prospects, Opportunities and Risks

Now that Calpine Corp., the largest issuer of junk bonds last year, has filed for bankruptcy protection, hundreds of questions  as well as tantalizing investment and business opportunities  are emerging.

Investors, turnaround specialists, creditors and professional advisors are scrambling to identify the rewards and risks arising from the one of the largest Chapter 11 filings ever. With assets of $26.6 billion, Calpine is the biggest U.S. owner of natural-gas fired power plants. What's more, Calpine and its subsidiaries have a complex system of secured and unsecured borrowings that present multiple layers of prospects for savvy investors.

Now you can get the timely, accurate information you need to make smart business decisions by purchasing the Audio CD Recording of this audio conference. The conference was recorded in early January 2006 and presented by a team of nationally recognized experts who have been monitoring Calpine's financial health and operations since well before the Dec. 20 filing.

You'll receive

Latest news and developments about the case, including First Day Orders, KERPs, Disclosure Statements, and more
Profile of the company  its strengths and weaknesses  and what factors triggered the filing
Profile of the new Calpine management team  what are their plans and visions for the restructured company?
Report on Calpine actions to reduce debt and strength its balance sheet  what assets might be for sale?
List of major creditors, including first and second lien note holders
Review of the debt structure
Impact of the filing on Calpine subsidiary operations
Key players in the case  and what slots remain unfilled
Current and prospective sources of financing during reorganization

Who Will Benefit:

Managers of hedge funds, private equity companies, and other distressed investors and lenders who need timely and authoritative information to evaluate business opportunities generated by the Calpine filing. Attorneys, professional advisors and representatives of creditor companies also will benefit from the facts, insights and advice presented at this well-timed and valuable Audio CD Recording.

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David Ying
Evercore Partners
David Ying is a Senior Managing Director of the firm's corporate advisory business and is co-head of the firms restructuring practice.

He was for two years a Managing Director of Miller Buckfire Ying & Co., LLC, a boutique restructuring advisory firm, where he was the lead financial advisor/investment banker in the Mirant bankruptcy proceedings.

Before that he spent six years as a Senior Managing Director of JLL Partners, a private equity investment firm that invests in turnaround situations. Prior to that, he led restructuring groups at Donaldson Lufkin & Jenrette, Smith Barney and Drexel Burnham Lambert.

Restructurings with which Mr. Ying was associated include Aurora Foods, Interstate Bakeries Corporation, Oakwood Homes, Pegasus Satellite Communications, Morrison Knudsen, Grand Union and Advantica.

Hugh M. Ray
Andrews Kurth LLP
Hugh M. Ray is a partner with Andrews Kurth LLP, where he heads the firms national bankruptcy practice. He represents trustees, debtors, secured and unsecured creditors, lenders and bondholders in many of the foremost Chapter 11 proceedings in the nation. He has testified several times before Congress concerning proposed amendments to the Bankruptcy Code and is a previous chair of the ABA Business Law Sections Business Bankruptcy Committee. Hugh was named the #1 bankruptcy attorney in Texas by the Texas Lawyer Go to Guide in 2002, and is the author of the book Bankruptcy Investing, published by the Beard Group.

Paul N. Silverstein
Andrews Kurth LLP
Paul N. Silverstein is a Partner in the bankruptcy practice of Andrews Kurth, based in the firm's New York City office. He has been the lead attorney in Andrews Kurth's role as counsel to the creditors' committee in the Mirant bankruptcy case.

His practice includes the representation of official and ad hoc committees, significant strategic and financial investors and debtors/issuers in Chapter 11 reorganizations and out-of-court restructurings.

Andrews Kurth has grown its bankruptcy practice to be the largest in the state of Texas and the seventh largest in the U.S.

Surge of Deepening Insolvency Claims

Wed Mar 10 06:00:02 EST 2010

Title : Surge of Deepening Insolvency Claims

Increased Risks for Managers, Advisors and Lenders of Troubled Companies

The claim of deepening insolvency  where officers, directors, lendors, accountants, auditors or other parties are held responsible for wrongfully prolonging the life of a company  is growing exponentially in bankruptcy courts.

Currently more than 40 cases at both state and federal levels say the defendants either negligently or fraudulently extended the life of a business, causing damage to creditors or other interest holders.

Is there a legal dividing line between trying to save a troubled company versus making the situation worse? Could the claim of deepening insolvency negatively impact the very professionals most companies need when facing financial distress?

Order this Audio CD (recorded in late January 2006) and discover if you or your clients are at risk  or if deepening insolvency offers you a powerful new weapon to protect creditors' interests. In just 90 minutes, you will learn

Real-world, simplified definition of Deepening Insolvency  is it a cause of action, a theory of damages, or something else?
How has the claim evolved and what's behind its recent growth spurt?
The 3 essential elements of a deepening insolvency claim
Who's at greatest risk? Potential targets of claims and how the courts are (or aren't) acknowledging them
Is there any guidance on calculating the amount of damages?
Potential defenses to deepening insolvency claims
Status report on major cases you should monitor
Impact of the new Bankruptcy Code. Does BAPCPA clarify anything? Will it trigger more or less claims?

You'll also receive a comprehensive outline of the speaker's presentation and a list of the most important case citations.

Luis Salazar
Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.

New Chapter 15 -- Lessons Learned in Europe

Wed Mar 10 06:00:02 EST 2010

Title : New Chapter 15 -- Lessons Learned in Europe

Parallels between U.S. and European Rules for Cross-Border Insolvencies

Europe has a head start in dealing with many of the controversial provisions of Chapter 15. The international rules of the new U.S. code are based on the same model law used by the European Insolvency Regulation (EIR), adopted by the EC more than five years ago.

What does the European experienceespecially in the contentious debate over Center of Main Interests jurisdictional questionsportend for Chapter 15 proceedings?

And what are the latest developments  in and outside the U.S.  impacting your Chapter 15 decisions?

Order this Audio CD (recorded in late February 2006) and, in just 90 minutes, you and an unlimited number of your staff will discover

International forum shopping  an analysis of the latest strategies
New developments in the Center of Main Interests (COMI) controversy
Emerging trends from initial U.S. court Chapter 15 decisions
Moving house and homeless companies  understand the relationship between international jurisdiction and time factors
Common threads among Chapter 15, the EIR, and the UNCITRAL (United Nations Commission on International Trade Law) Model Law
Important differences among the three  and why you should care
The imperative for sharing information between administrators of Main and Secondary Proceedings
Why employees may be the lost voice in cross-border proceedings
Security rights in cross-border insolvencies
Lessons learned from landmark international cases such as Parmalat, ENRON, BRAC-Budget Rent-A-Car, and others
Practical solutions developed in Europe during the five-year long application of the EIR
And much more

Michael Martinez Ferber
Cimejes GmbH
Learn from one of the worlds top international bankruptcy experts Michael Martinez Ferber, partner and managing director of Cimejes GmbH in Germany.

Cimejes is an international network of specialists serving insolvency trustees in cross-border proceedings. Michael has worked with major insolvency trustee firms in Germany and leading restructuring advisors in Germany and the United Kingdom.

Dana's Chapter 11 Filing

Wed Mar 10 06:00:02 EST 2010

Title : Dana's Chapter 11 Filing

Prospects, Opportunities and Risks

With assets of $7.9 billion and debt of $6.8 billion, Dana Corporation is a 102-year-old icon of the automotive supply chain and the world's largest maker of light-truck axles. The company has suffered several setbacks in recent months, including a federal accounting probe, declining business from its two biggest customers  Ford and GM  and higher raw material costs.

In this 90-minute audio CD recording (recorded March 9, 2006), three of the nation's leading Chapter 11 legal and financial experts examine the rewards and risks arising from Dana's recent bankruptcy filing  the third largest automotive industry bankruptcy in history and the first under the new bankruptcy code.

You will learn from:

Hugh M. Ray, head of the bankruptcy practice of the national law firm of Andrews Kurth LLP

- Harvey L. Tepner, partner with Compass Advisers, an international investment banking partnership and leading specialist in corporate restructuring

Peter S. Goodman, partner in the New York City office of Andrews Kurth LLP

You will receive:

News and developments about the case
Profile of the company  its strengths and weaknesses  and what factors triggered the filing
Profile of the Dana management team  what are their plans and visions for the restructured company?
Report on Dana actions to reduce debt and strengthen its balance sheet  what assets might be for sale?
List of major creditors, including first and second lien note holders
Impact on Dana's businesses in Europe, South America, Asia, Mexico and Canada
Review of the debt structure
Key players in the case  and what slots remain unfilled
Update on the SEC investigation of Dana's financial practices
Current and prospective sources of financing during reorganization

Who Will Benefit:
Managers of hedge funds, private equity companies, and other distressed investors and lenders who need timely and authoritative information to evaluate business opportunities generated by the Dana filing. Attorneys, professional advisors and representatives of creditor companies also will benefit from the facts, insights and advice presented at this well-timed and valuable audio conference.

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Harvey L. Tepner
Compass Advisers
Harvey L. Tepner is a partner with Compass Advisers LLP, an international investment banking partnership and leading specialist in corporate restructuring. He joined Compass' New York office in 2002 to provide investment banking services in connection with bankruptcies, corporate restructurings, and the acquisition and sale of troubled companies.

Prior to joining Compass, he founded Loeb Partners Corporation's investment banking and restructuring group, which subsequently merged with Compass.

Hugh M. Ray
Andrews Kurth LLP
Hugh M. Ray is a partner with Andrews Kurth LLP, where he heads the firms national bankruptcy practice. He represents trustees, debtors, secured and unsecured creditors, lenders and bondholders in many of the foremost Chapter 11 proceedings in the nation. He has testified several times before Congress concerning proposed amendments to the Bankruptcy Code and is a previous chair of the ABA Business Law Sections Business Bankruptcy Committee. Hugh was named the #1 bankruptcy attorney in Texas by the Texas Lawyer Go to Guide in 2002, and is the author of the book Bankruptcy Investing, published by the Beard Group.

Peter S. Goodman
Andrews Kurth LLP
Peter S. Goodman is a partner in the New York City office of Andrews Kurth, where his practice focuses on corporate insolvency and bankruptcy law. He represents and counsels national and international companies, individuals, debtors, trustees, creditors and creditors' committees, bank groups, bondholders and significant shareholders in complex reorganization proceedings.

Reverse Mergersthe New IPO?

Wed Mar 10 06:00:02 EST 2010

Title : Reverse Mergersthe New IPO?

How to Win the Shell Game and Protect Your Reputation in the Process

With this audio CD recording from April 2006, you and an unlimited number of your staff will discover
What reverse mergers areand how they're shedding their bad reputation
Why there has been such a dramatic increase in the popularity of reverse mergers
Why reverse mergers are attracting so many small companiesare they the new IPO?
Why hedge funds and PIPE investors are such key playersand what they need to know
How to spot bad shellsit's not as easy as you might think
How to leverage changes in SEC policy to ensure your greatest chance of successand remain in compliance
What the new super 8-K filing requirement means, and how to approach it
How SOX is having less effect than expected on smaller public companiesis more relief expected?

One of the nation's leading reverse merger experts  David Feldman, founder, managing partner and leader of the corporate and securities group at the law firm of Feldman Weinstein LLP  will help you wade through these and other issues so that you can piece together a clearer and more complete picture of the reverse mergers market.

David is considered one of the country's leading experts on reverse mergers, in which a private company becomes publicly traded through a merger with a publicly held "shell" company.



David Feldman
Feldman Weinstein LLP
David Feldman is founder, managing partner and leader of the corporate and securities group at the law firm of Feldman Weinstein LLP.

Davids practice focuses on corporate and securities matters and general representation of public and private companies, investment banks, private equity firms and high net worth individuals both in general representation and in transactional and financing activities of all types. David's work also includes representation of small and middle market private companies in general and transactional matters.

David is considered one of the country's leading experts on reverse mergers, in which a private company becomes publicly traded through a merger with a publicly held "shell" company. Currently writing a book on the subject, he is a frequent public speaker, seminar leader and counsel on issues related to formation, management and acquisition of public shells and implementation of reverse mergers. He has appeared on Bloomberg TV and National Public Radio, and been quoted in the New York Times, Wall Street Journal, Forbes, Entrepreneur, CFO magazine and others. In June 2005 he testified before the SEC's Advisory Committee on Smaller Public Companies.

High-Yield Opportunities in Distressed Investing

Wed Mar 10 06:00:02 EST 2010

Title : High-Yield Opportunities in Distressed Investing

Prices and Risks for Portfolio Managers and Investors Quarterly Update

Identify the top opportunities and potential risks available to distressed investors today. Receive multiple references of 1st Quarter 2006 price marks to validate against your own holdings and learn about emerging, potentially lucrative options.

In this 90-minute Audio CD (recorded April 2006), Steve Gidumal  an expert on distressed securities and a successful portfolio manager himself  discusses and provides marks for 1,300 bonds, preferred stock and equity securities.

In addition, Steve

Analyzes the spectrum of distressed securities traded in the first quarter of 2006, identifying where the bond market, bank debt market, equity markets and credit default swap markets offer dramatically different levels of credit risk
Spotlights securities carrying one label (such as a "secured bond") but that are actually  due to on-going or expected restructuring events  securities in a different skin (for example, those soon to be converted into equity)
Reveals the risks behind securities that feature high degrees of price leverage (from either a long or short standpoint), generating a higher than expected risk volatility profile.

Who Will Benefit:
Fund-of-funds hedge fund managers with distressed or event-driven managers in their portfolios
Risk managers
Professionals responsible for confirming exposures and prices within distressed or event-driven portfolios.

Steve Gidumal
Virtus Capital LP
Steve Gidumal is the President and Managing Partner of Virtus Capital LP in New York City. He has a track record of more than 10 years of successful portfolio management. Steve has been the featured speaker at the national series of Distressed Investing conferences (produced by Renaissance American Management, Inc., and the Beard Group), where he annually receives accolades for his insights and clear explanations of the most critical developments in distressed investing. He is a graduate of the University of Pennsylvania and Harvard Business School, where he was a Baker Scholar.

When Tenants File -- A Landlord's BAPCPA Survival Guide

Wed Mar 10 06:00:02 EST 2010

Title : When Tenants File -- A Landlord's BAPCPA Survival Guide

Confronting Today's Lease Rejection, Assumption and Assignment Strategies

Despite bankruptcy reform, commercial landlords continue to incur large losses in retail Chapter 11 cases.

Now more than ever  when their tenants file for bankruptcy  landlords should expect highly accelerated proceedings that offer precious little time to hire new counsel, review pleadings and make informed decisions. The recent Musicland case, which will serve as revealing case study for much of this audio conference, is evidence of the brutal new world facing landlords.

With this timely and convenient Audio CD (recorded May 2006), you'll receive expert analysis and insights from David R. Kuney, partner with the national law firm of Sidley Austin LLP. He will explain landlord and tenant legal rights under the new Bankruptcy Code and  more importantly  outline key strategies for protecting those rights and preserving your bottom line.

In just 90 minutes, you and an unlimited number of your staff will examine

The story of Musicland  a red flag for today's landlords
What to expect  anatomy of a bankruptcy strategy from a tenant's perspective
Choice of venue  why landlords should be concerned
New code provisions designed to increase landlords' leverage
Analysis of motions aimed to deflate that leverage
Important new lease rejection strategies
Prudent use of designation rights
DIP provisions and their drain on landlords' power
Due process hard-ball  dealing with the shortened time to respond
Finality and the lack of appeal in section 363 sales
Use of omnibus motions and pre-packaged objections
Proven strategies for dealing with the hyper-aggressive case

David R. Kuney
Sidley Austin LLP
David R. Kuney is a partner in the Washington, D.C., office of Sidley Austin LLP. He represents both debtors and creditors in complex Chapter 11 cases, including complex partnership cases, retail bankruptcies, real estate bankruptcies and corporate cases. He has also had extensive litigation and appellate experience and has served as lead counsel in both jury and non-jury civil matters throughout the United States.

David is an adjunct professor at the Georgetown University Law School, where he teaches a class on Bankruptcy and Creditors Rights. Hes been ranked in Chambers USA as a Leading Bankruptcy Attorney in Washington and as an intellectual leader in bankruptcy law. He is the author of the book, "Bankruptcy Issues for Commercial Landlords, Tenants and Mortgages."

Investing in China -- A Checklist for Identifying and Managing Risks

Wed Mar 10 06:00:02 EST 2010

Title : Investing in China -- A Checklist for Identifying and Managing Risks

Maximize Opportunities, Limit Risks with Guidance from an Expert in Shanghai

Everyone agrees the investment opportunities in China are vast  but so too are the risks.

With this convenient Audio CD (recorded June 2006), let Brian Smith  the Managing Director of the new Shanghai office of Conway MacKenzie and Dunleavy (CMandD)  help you survive and prosper in China's volatile business climate. He will identify the most successful Chinese markets, operational structures, and manufacturing/distribution regions available today's savvy lenders and investors.

In just 90 minutes, you and an unlimited number of your staff will examine

Why China  as opposed to other economic opportunities in Asia?
China-specific challenges and concerns for lenders and investors
Operational structures for maximizing your interests in China
Dealing with legal, regulatory and cultural differences
Geographically  where are the best opportunities in China?
Cutting-edge investment opportunities  what are the next potential bonanzas in China?
How to manage intellectual property risks
Operational protections  and how to implement them
Hot-button due diligence issues  legal, financial and operational
Setting priorities  what are the keys to success?
Real-world examples of rewarding investment strategies

Brian P. Smith
Conway MacKenzie & Dunleavy
Brian P. Smith is the Managing Director of the Shanghai office of Conway MacKenzie & Dunleavy, internationally known specialists in turnaround and crisis management, performance improvement, and due diligence. Brian has more than 14 years of experience in operations consulting, asset rationalization and capital investment strategies. His particular expertise is in the consumer products market.

Based full-time in China, Brian has successfully implemented international operating strategies for clients who need to transition from traditional manufacturing models to the globally aligned sourcing models dominant in todays retail and consumer products markets.

Prior to joining CM&D, Brian was Managing Director of AECOM facilities in Asia, where he was headquartered in China and advised clients in need of sourcing and/or new manufacturing capacity in the region. Prior to joining AECOM, he was Vice President and Regional Manager of the Facility Group, a U.S./European operations and engineering consulting firm focused on industrial markets. A member of the Turnaround Management Association, Brian has an MBA from the Trium Program at the London School of Economics and New York Universitys Stern School of Business.

Clash of the Titans -- Bankruptcy vs. IP Rights

Wed Mar 10 06:00:02 EST 2010

Title : Clash of the Titans -- Bankruptcy vs. IP Rights

Who Wins When Bankruptcy and Intellectual Property Laws Conflict?

Bankruptcy law  which allows the free sale and assignment of assets  clashes head-on with the core principles of intellectual property law.

So how can troubled companies flush with IP assets reorganize? And, on the flip side, how can IP licensees shield themselves when their licensor faces insolvency?

In this convenient Audio CD (recorded July 2006) and 21-page supporting outline (with case citations), national expert David R. Kuney, partner with Sidley Austin LLP, explains the ground rules and updates you on the latest developments in this on-going tug-of-war between bankruptcy and intellectual property rights.

You will examine

New threats to the federal monopoly theory behind patents, copyrights and trademarks
Bankruptcy rules and concepts that impact IP rights  including:
o Executory contract definitions
o Debtor's ability to assign assets to reorganize, and
o Assumption and rejection powers
Why non-exclusive licenses are considered executory contracts
Origins of the rule against assigning patents and copyrights
Assumption and assignment problems under bankruptcy law
What is the Hypothetical Test  the current majority view of the circuit courts
Application of the Actual Test  when, where and how
Two proven strategies for avoiding the Hypothetical Test
Are intellectual property claims administrative expenses?
Claims for unauthorized post-petition use of IP
Dischargeability of claims for infringement
Future concerns  sale of assets free and clear. Does Precision Industries apply to intellectual property?
Perfection of security interests in intellectual property, including unregistered copyrights, patents and trademarks
Landmark federal and state cases you must know

David R. Kuney
Sidley Austin LLP
David R. Kuney is a partner in the Washington, D.C., office of Sidley Austin LLP. He represents both debtors and creditors in complex Chapter 11 cases, including complex partnership cases, retail bankruptcies, real estate bankruptcies and corporate cases. He has also had extensive litigation and appellate experience and has served as lead counsel in both jury and non-jury civil matters throughout the United States.

David is an adjunct professor at the Georgetown University Law School, where he teaches a class on Bankruptcy and Creditors Rights. Hes been ranked in Chambers USA as a Leading Bankruptcy Attorney in Washington and as an intellectual leader in bankruptcy law. He is the author of the book, "Bankruptcy Issues for Commercial Landlords, Tenants and Mortgages."

Distressed Market Opportunities

Wed Mar 10 06:00:02 EST 2010

Title : Distressed Market Opportunities

Quarterly Roundup of Restructuring Securities, Critical Issues, Current Pricing and Prospects

Discover distressed investment opportunities in the airline, automotive, cable, and dozens of other markets.

In this Audio CD (recorded July 2006), Steve Gidumal  a nationally recognized expert on distressed securities and the President of Virtus Capital Advisors  discusses the Top 50 Gainers and Top 50 Decliners in the 2nd Quarter 2006 market of high-yield securities. In addition, he provides written marks for at least 1,300 bonds, preferred stock and equity securities.

In just 90 minutes, Steve

- Analyzes the spectrum of distressed securities traded in the first quarter of 2006, identifying where the bond market, bank debt market, equity markets and credit default swap markets offer dramatically different levels of credit risk
- Spotlights securities carrying one label (such as a "secured bond") but that are actually  due to on-going or expected restructuring events  securities in a different skin (for example, those soon to be converted into equity)
- Reveals the risks behind securities that feature a high degree of price leverage, generating higher-than-expected risks

Special Bonus  Exclusive Reference Guide:
With your Audio CD recording, you will receive a written Reference Guide to the prices and risks of more than 1,300 active bonds, preferred stocks, and equity securities in the distressed and high yield investment markets.

Part of the Guide ties Credit Default Swap (CDS) prices to the future of the company's stock and its odds of a bankruptcy filing. The Guide highlights securities with unusual price leverage as well as those experiencing inconsistent pricing between the debt and equity markets.

Who Will Benefit:
Fund-of-funds hedge fund managers with distressed or event-driven managers in their portfolios
Risk managers
Professionals responsible for confirming exposures and prices within distressed or event-driven portfolios.

Steve Gidumal
Virtus Capital LP
Steve Gidumal is the President and Managing Partner of Virtus Capital LP in New York City. He has a track record of more than 10 years of successful portfolio management. Steve has been the featured speaker at the national series of Distressed Investing conferences (produced by Renaissance American Management, Inc., and the Beard Group), where he annually receives accolades for his insights and clear explanations of the most critical developments in distressed investing. He is a graduate of the University of Pennsylvania and Harvard Business School, where he was a Baker Scholar.

Homestead Exemptions under BAPCPA

Wed Mar 10 06:00:02 EST 2010

Title : Homestead Exemptions under BAPCPA

Who, Where, Why and How

One of BAPCPA's prime targets was the abuse of state homestead exemptions. In the eyes of Congress and the media, too many wealthy individuals had evaded creditors by shielding assets in the form of multi-million dollar estates in Florida, Texas, and other states with favorable homestead exemptions.

Now the magic numbers are $125,000 (in homestead value) and 1,215 (days prior to bankruptcy filing). Are these new limits working? Have fresh loopholes been found? How are the courts interpreting the newly created 11 U.S.C. 522(p) in individual Chapter 11 cases?

On this Audio CD (recorded August 2006), one of the nation's top authorities on homestead exemptions  Scott M. Grossman of Greenberg Traurig, P.A.  explains the changes to state homestead exemptions and updates you on today's legal landscape. In just 90 minutes, you and an unlimited number of your staff will discover

Examples of notorious cases of homestead abuses
BAPCPA provisions for curbing these abuses  their original intent and practical application today
Why these changes are important even in states without generous exemptions
The two categories of exemptions  compare modest federal exemptions vs. certain broad state exemptions
BAPCPA's new 730-day domicile requirement
Limitations on homestead exemptions resulting from fraudulent asset conversions
Illustrative examples comparing the old law to the new
Additional homestead limitation for bad acts
Problems encountered applying the new 11 U.S.C. 522(p)
Problems with statutory construction of the amendments
Summary of key cases you should know and monitor

Scott M. Grossman
Greenberg Traurig, P.A.
Scott M. Grossman is an attorney in the Miami office of Greenberg Traurig, P.A, where he specializes in bankruptcy, reorganization and restructuring. His practice focuses on bankruptcy litigation matters, drawing on Scotts extensive courtroom experience as a trial attorney in the Attorney Generals Honors Program with the U.S. Department of Justice. His clients have included a Fortune 500 insurance company challenging a former executives state law homestead exemption claims, as well as creditors in adversary proceedings to avoid and recover preferences and/or fraudulent transfers. Scott is a frequent author and speaker on the widespread impact of the homestead exemptions in individual bankruptcy cases.

Validating Distressed Security Portfolios: Year-End Price Validation and Risk Assessment

Wed Mar 10 06:00:02 EST 2010

Title : Validating Distressed Security Portfolios: Year-End Price Validation and Risk Assessment

Identify potential risks and opportunities in your portfolio of distressed and high yield securities while also validating year-end marks.

With the Audio CD from this conference (recorded February 2, 2006), you will receive multiple references of year-end marks to assess and validate against your own holdings.

Steve Gidumal  an expert on distressed securities and a successful portfolio manager himself  will discuss and provide marks for at least 1,300 bonds, preferred stock and equity securities.

In just 90 minutes, Steve will

Analyze the spectrum of distressed and high yield securities traded in 2005, identifying where the bond market, bank debt market, equity markets and credit default swap markets offer dramatically different levels of credit risk
Spotlight securities carrying one label (such as a "secured bond") but that are actually  due to on-going or expected restructuring events  securities in a different skin (for example, those soon to be converted into equity)
Reveal the risks behind securities that feature high degrees of price leverage (from either a long or short standpoint), generating a higher than expected risk volatility profile.

Who will benefit from the Audio CD Recording:
Fund-of-funds hedge fund managers with distressed or event-driven managers in their portfolios
Risk managers
Professionals responsible for confirming exposures and prices within distressed or event-driven portfolios.

Steve Gidumal
Virtus Capital LP
Steve Gidumal is the President and Managing Partner of Virtus Capital LP in New York City. He has a track record of more than 10 years of successful portfolio management. Steve has been the featured speaker at the national series of Distressed Investing conferences (produced by Renaissance American Management, Inc., and the Beard Group), where he annually receives accolades for his insights and clear explanations of the most critical developments in distressed investing. He is a graduate of the University of Pennsylvania and Harvard Business School, where he was a Baker Scholar.

BAPCPA One Year On: Lessons Learned and Outlook

Wed Mar 10 06:00:02 EST 2010

Title : BAPCPA One Year On: Lessons Learned and Outlook

Hits and Misses in the New Code's Rookie Year

Landmark legislationcomplex and technicalpoorly writtena love letter to lenderseven unconstitutional  BAPCPA in its first year has been called many things by proponents and critics alike.

But no matter what you call it, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has been undeniably the most sweeping reform of the bankruptcy system since the passage of the Bankruptcy Code in 1978.

Now two of the country's top legal minds  Stephen Selbst, head of McDermott Will and Emery's New York bankruptcy practice, and the Honorable Louis M. Phillips, retired Chief Judge of the U.S. Bankruptcy Court for the Middle District of Louisiana  provide a first-year report card and expert commentary on BAPCPA's repercussions in several key areas of business bankruptcy practice.

With this audio CD (recorded late September 2006), you and your staff will examine the new Code's intent and latest court interpretations in

- Key employee retention programs  are traditional KERPs dead?
Debtor's exclusive periods and filing plans of reorganizations
Small business cases  have the gloom-and-doom predictions come true?
Non-residential real property leases
Single-asset real estate cases  better or worse after BAPCPA?

Utility deposits  has there been a big impact on the protection of the automatic stay?
Preference actions  just out is the first published decision interpreting the preference provisions for an "ordinary course of business" defense. What can we learn from it?
Health care  are the reforms working?
And more



Stephen B. Selbst
McDermott Will & Emery
Stephen Selbst is a partner in the law firm of McDermott Will & Emery and head of the firms New York bankruptcy practice. He has represented debtors, secured creditors, bondholders and distressed investors in Chapter 11 cases for more than 20 years.

In recent engagements, he served as co-counsel to Parmalat USA in its successful reorganization, and he currently serves as counsel to St. Vincents Catholic Medical Centers of New York and to AMBAC Assurance Corp. in the Delta Airlines case.
The Honorable Louis M. Phillips
Partner, Gordon Arata McCollam Duplantis & Eagan LLP
The Honorable Louis M. Phillps is the retired Chief Judge of the United States Bankruptcy Court for the Middle District of Louisiana. During his tenure, he authored numerous opinions of first impression of Louisiana state law and bankruptcy law, and was the author of a number of opinions that ultimately were adopted by the Fifth Circuit and other courts as the law of those courts. He also presided over the first conversion to a totally electronic filing and docketing system within the Federal Courts of the United States.

Now he is a partner with the law firm of Gordon, Arata, McCollam, Duplantis & Eagan, LLP, in Baton Rouge. There he serves as the leader of the firm's Insolvency and Bankruptcy Practice Group.

Since 1988, Judge Phillips has held the position of Adjunct Assistant Professor of Law at the Louisiana State University Law Center. He also is the permanent chair of the annual Bankruptcy Law Seminar sponsored by the Louisiana State University Center for Continuing Professional Development, a program he developed and has chaired since 1995.

He is a contributing editor to the Norton Bankruptcy Law and Practice 2nd, and is the author of many articles for law reviews and other periodicals.

Surviving the Digital Deluge: Best Practices in E-Discovery and Records Management for Bankruptcy Practitioners and Litigators

Wed Mar 10 06:00:02 EST 2010

Title : Surviving the Digital Deluge: Best Practices in E-Discovery and Records Management for Bankruptcy Practitioners and Litigators

Effective, well-managed electronic discovery is essential in nearly all litigation, and especially so in bankruptcy cases. There, massive quantities of relevant electronic data and paper records  coupled with crushing and omnipresent deadlines  can trigger unexpected release of privileged information and embarrassing, expensive delays and missteps.

Moreover, the ground rules for e-discovery are changing. On December 1, amendments to the U.S. Federal Rules of Civil Procedure will alter the way you must retain and delete data. Among other requirements, the new rules compel both parties to discuss as early as possible the location of important data and develop a data retrieval plan. Parties also must produce data in a reasonably usable format.

How can you and your clients cope with this quagmire? Order this Audio CD Recording (recorded October 2006) and let Steven C. Bennett  one of the nation's most recognized authorities on electronic discovery and records management  help you fine-tune your management of paper and electronic records.

In just 90 minutes, you and an unlimited number of your staff will examine

Lessons learned  where and how to identify best practices in records management
Standardization  do standard forms exist, and are they widely accepted by courts and agencies?
Essentials  must haves for your records management program. What ultimate purposes should your program serve?
Design and Management  how should your records management program be designed and implemented, especially under the new rules?
Adaptability  what changes when a company becomes involved in litigation?
Pitfalls  where do most e-discovery programs go wrong?  What practices should you avoid?

Steven C. Bennett
Jones Day
STEVEN C. BENNETT is a Partner in the New York City office of Jones Day, where his practice focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy, construction, corporate, energy, insurance, intellectual property, securities and other disputes.

Steve is chair of the firms E-Discovery Committee and co-chair of the Sedona Conference Working Group on International Discovery. He regularly speaks to a wide array of groups for CLE and other purposes. He also writes a continuing column, Arbitration, with Professor Samuel Estreicher for the New York Law Journal, and his continuing professional development column, Firm Talk, has appeared on NLJ.com since 2004. Steve is currently writing a book for NITA on electronic discovery and another book for AAA on commercial arbitration rules.

Deepening Insolvency Widening Controversy: Current Risks, Latest Decisions

Wed Mar 10 06:00:02 EST 2010

Title : Deepening Insolvency Widening Controversy: Current Risks, Latest Decisions

Review Risks, Examine Latest Decisions Affecting Directors, Advisors and Lenders of Troubled Companies

The claim of deepening insolvency  where officers, directors, lenders, accountants, auditors or other parties are held responsible for wrongfully prolonging the life of a company  continues to be a lightening rod of controversy for bankruptcy courts.

New decisions coming out of Delaware and the Third Circuit reject deepening insolvency as a cause of action, yet dozens of cases at both state and federal levels continue to claim the defendants either negligently or fraudulently extended the life of a business, causing damage to creditors or other interest holders.

Is there a legal dividing line between trying to save a troubled company versus making the situation worse? Could the claim of deepening insolvency negatively impact the very professionals most companies need when facing financial distress?

Learn from this Audio CD Recording (recorded October 2006) and discover if you or your clients are at risk  or if deepening insolvency offers you a powerful new weapon to protect creditors' interests. In just 90 minutes, you and an unlimited number of your staff will learn

Real-world, simplified definition of Deepening Insolvency  is it a cause of action, a theory of damages, or something else?

What's behind the business judgment rule applied in the recent Delaware Chancery Court decision?

The 3 essential elements of a deepening insolvency claim

Who's at greatest risk? Potential targets of claims and how the courts are (or aren't) acknowledging them

Is there any guidance on calculating damages?

Potential defenses to deepening insolvency claims

Status report on major active cases you should monitor

Impact of the new Bankruptcy Code. Has BAPCPA clarified anything?

Your instructor is Luis Salazar, a member of Greenberg Traurig's national Business Reorganization and Bankruptcy Department. He represents various public and private companies in their successful Chapter 11 reorganizations, as well as unsecured and secured creditors in all types of insolvency proceedings. He has written and lectured extensively on deepening insolvency theory and practice.

Luis Salazar
Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.

Distressed Claims Trading

Wed Mar 10 06:00:02 EST 2010

Title : Distressed Claims Trading

Legal Risks and Options

Trading in distressed debt in chapter 11 claims is a multibillion-dollar a year industry that provides tremendous liquidity to the markets.

The trading of claims is a familiar practice in bankruptcy cases both as a short-term investment vehicle and a long-term opportunity. The intention of which is to obtain a strategic position in the confirmation process. It is now clear that the acquisition of a claim carries certain baggage, including the opportunity to be sued for actions that relate to the claim or other types of avoidance actions, which can significantly delay the distribution on the claim.

In this Audio CD (recorded March 2007), Andrew Sherman, Esq. of Sills Cummis Epstein and Gross P.C. examines the various issues and legal pitfalls faced when claims are traded in Chapter 11 cases.

He discusses:

Risks and opportunities in today's claims trading market.
Reasons for a transferee's claim against a bankrupt's estate being subordinated or disallowed
The financial ramifications of a transferee's claim being subordinated.
Consideration of purchasing or contract to purchase only a distribution right - the economic component of the claim.
Inclusion of contractual protections when drafting any sale of claims document.

Andrew H. Sherman
Sills Cummis Epstein & Gross P.C.
Andrew H. Sherman is a Member of the Firm's Creditors' Rights/Bankruptcy Reorganization Practice Group. He has represented clients in a broad range of complex business reorganizations, debt restructurings and insolvency matters. He advises companies experiencing financial difficulties, creditors of such entities, as well as investors and acquirers of substantial assets in bankruptcy cases and workouts. Over the past few years, he has focused his practice on representing incumbent local exchange carriers and competitive local exchange carriers in telecommunications and construction bankruptcy cases across the nation. He has also recently represented large multinational corporations in construction and energy bankruptcy cases. In addition to his bankruptcy experience, he has represented parties in significant commercial litigation in the New York federal and state courts. Prior to coming to Sills Cummis, Mr. Sherman was associated with Parker Chapin Flattau & Klimpl, LLP in New York City. Mr. Sherman was selected for inclusion in the 2007 edition of The Best Lawyers in America and the 2006 edition of New Jersey Super Lawyers.

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Brett H. Miller
Otterbourg, Steindler, Houston & Rosen, P.C.
Mr. Miller is a Shareholder of Otterbourg, Steindler, Houston & Rosen, P.C., specializing in the representation of creditors in all aspects of bankruptcy throughout the country. Mr. Miller and his firm have represented or currently represent the Official Committee of Unsecured Creditors in the following cases: Northwest Airlines (New York), US Airways (I and II)(Virginia), Hawaiian Airlines (Hawaii), Aloha Airlines (Hawaii), FLYi, Inc. (Delaware), Gemini Air Cargo (Florida), American Plumbing and Mechanical, Inc. (Texas), Snyders Drug Stores, Inc. (Ohio), GS Industries, Inc. (North Carolina), Valeo Electrical Systems, Inc. (New York), AmeriServe Food Distribution, Inc. (Delaware), Fruit of the Loom, Inc. (Delaware), Phar-Mor, Inc. (Ohio), Best Products Co., Inc. (Virginia) and R.H. Macy & Co., Inc. (New York). Mr. Miller and his firm have represented or currently represent ad hoc committees in ATA, Owens Corning, Footstar, Inc., Casual Male Corp., and Bethlehem Steel. Mr. Miller and his firm also represent individual creditors in numerous bankruptcy cases.

Mr. Miller was designated by Turnarounds & Workouts as one of the Outstanding Young Bankruptcy Lawyers in 2003, 2004, 2005 and 2006. Mr. Miller was Co-Chairperson of the Intellectual Property Subcommittee of the Bankruptcy and Reorganization Committee of the Association of the Bar of the City of New York from 2003-2005. Mr. Miller is also a member of the American Bankruptcy Institute. Mr. Miller is a frequent speaker on bankruptcy and workout related topics.

Changing Roles and Responsibilities of Creditors' Committees

Wed Mar 10 06:00:02 EST 2010

Title : Changing Roles and Responsibilities of Creditors' Committees

How to Meet the New Bankruptcy Code Requirements

For those of you concerned about the impact of the new bankruptcy law on creditors' committees, you may now purchase the Audio CD Recording of this timely 90-minute audio conference.

Recorded in mid-January 2006 and presented by one of the nation's top bankruptcy experts, this program will help you and your staff discover --

How the new Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) dramatically alters the composition and operations of Chapter 11 creditors' committees
Expanded judicial powers for deciding committee make-up
New opportunities for smaller creditors to serve on committees
Impact of new information sharing requirements under Sec. 1102 (b) (3). How can committees best keep non-members informed  and still protect confidential information?
Challenges to the attorney-client privilege presented by the new disclosure obligations
And much more

Thomas J. Salerno
Squire Sanders & Dempsey
Thomas J. Salerno is a partner in, and co-chair of, the Reorganization and Restructuring Group in the Phoenix office of the international law firm of Squire, Sanders & Dempsey. He also serves as chair of the firms International Insolvency Practice Group. For more than 20 years, he has represented creditors committees, debtors, lenders and other parties in complex Chapter 11 reorganizations involving public debt and equity securities throughout the U.S. He also has represented parties in insolvency proceedings in the Czech Republic, Switzerland, Germany and the United Kingdom.

He has written or co-authored several books, including The Executive Guide to Corporate Bankruptcy, published by the Beard Group. He has been included in The Best Lawyers of America since 1992 and was named one of 12 Outstanding Bankruptcy Lawyers by Turnarounds & Workouts.

China's New Enterprise Bankruptcy Law

Wed Mar 10 06:00:02 EST 2010

Title : China's New Enterprise Bankruptcy Law

For the past 6 years China's economy has grown at average annual rates of 7% to 10%, the highest in the world and nothing short of remarkable.

However, in tandem with such growth, China has been making sustained efforts to establish a legal infrastructure that will support its socialist market economy and enable market participants  both domestic and increasingly foreign  to deal with the problems they may encounter.

In the last 25 years, and especially since China joined the WTO in 2001, the country's leaders have promulgated or modernized numerous key statutes. Of particular interest is the very recently enacted new Enterprise Bankruptcy Law of the People's Republic of China, 12 years in the making, which replaced an existing statute as of June 1, 2007.

In this Audio CD (recorded July 2007), Deryck A. Palmer and John J. Rapisardi, Financial Restructuring partners at Cadwalader, Wickersham and Taft LLP and authors of Bankruptcy in China: Restructurings under the New Code, introduce you to the new law and give an overview of its workings and the problems it is meant to address.

Your CD recording covers:

Why China needs a robust bankruptcy and reorganization law
What the shortcomings were of China's prior bankruptcy-related law(s)
How the new Enterprise Bankruptcy Law works and what its key features are
Similarities and differences, compared to the U.S. Bankruptcy Code
Topics of particular interest to secured creditors
Significance of the new law for the international financial community
Foreseeable challenges, opportunities, and next steps

Deryck A. Palmer
Cadwalader, Wickersham & Taft LLP
Deryck A. Palmer is a partner in the Financial Restructuring Department of Cadwalader, Wickersham & Taft LLP, resident in the New York office. He concentrates his practice in the representation of debtors as well as creditors under chapter 11 of the Bankruptcy Code and has handled a wide variety of workout, corporate restructuring and bankruptcy matters. Recognized by Turnarounds and Workouts as one of the nations top twelve Outstanding Bankruptcy Lawyers, Mr. Palmer serves as the co-vice-chair of the American Bar Associations Business Bankruptcy Committees Healthcare Working Group and is a member of both the New York State Bar Association Committee on Bankruptcy and Committee on Courts and the Community. He is also a former member of the Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York and serves as Vice Chair of Health Watch, the only organization in the nation devoted exclusively to minority health improvement.

Mr. Palmer lectures at many of the major law schools nationwide and is an Adjunct Professor of Law, teaching advanced topics in bankruptcy and corporate reorganization, at New York Law School. He co-authored History of Bankruptcy Law in the Second Circuit (Matthew Bender & Co., 1995) and Restructuring: The Search for Value in a Troubled Enterprise (Euromoney Books, 1993). In addition, he delivers numerous lectures each year on business reorganization topics, including an annual American Bar Association panel concerning current developments in the field. Mr. Palmer received his B.A. from Syracuse University and his J.D. from the University of Michigan. He recently received the Chancellors Citation for Exceptional Achievement from Syracuse University, which recognizes outstanding contributions in scholarship, research, teaching and creative work.
John J. Rapisardi
Cadwalader, Wickersham & Taft LLP
John J. Rapisardi is a partner in the Financial Restructuring Department of Cadwalader, Wickersham & Taft LLP, resident in the New York office. His domestic and international practice involves representing debtors, creditors' and bondholders' committees, secured creditors, financial institutions, investment bankers and distressed investment funds in restructurings and bankruptcy cases across a variety of industries, including telecommunications, retail, healthcare, casinos, sports franchises, real estate and manufacturing companies. He has played a lead role in many high-profile cases, including: Levitz Home Furnishings (Investor); Aladdin Casino and Hotel (Investor); Drexel Burnham (Debtor); Global Star (Debtor); Herald Square Center (Financial Institution); Iridium (Committee); Pliant Corporation (Merrill Lynch/Chapter 11 Exit Financing); Mattress Discounters (Committee); Metallurg (Debtor); Montgomery Ward I (Financial Institution); NSM Steel (Investor); Olympia & York (Debtor); Owens Corning (Bank Steering Committee); Ritz Carlton (NY) (Debtor); Portraits Corporation of America (Bondholder); Safety Kleen (Bank Steering Committee); Service Merchandising (Citicorp/Chapter 11 DIP Financing); Solutia (Committee); Stage Stores (Creditors Committee); Transeastern LLC (Bondholder); Teleglobe (Debtor); Trump Atlantic City Casinos (Bondholders Committee); US Office Products (Creditors Committee); USA Capital (Investor acquiring sub-prime loans); and WestPoint Stevens (Debtor).

Mr. Rapisardi is a registered mediator for the Southern District of New York and served as a mediator in the Family Golf Center Chapter 11 case. He is a member of the task force committee for the Southern District of New York Pro Bono Bankruptcy Project.
Identified in 2005 Chambers USA listing top business lawyers in the country, he is a highly recommended counsel in the PLC Cross-border Restructuring and Insolvency Handbook for 2006-2007. He received his law degree from Pace University; an LL.M. in corporate and commercial practice from New York University; and an undergraduate degree in public accounting with honors from Fordham University. Following law school, he served as a clerk for the-the Chief Bankruptcy Judge of the Southern District of New York. Mr. Rapisardi is the bankruptcy columnist for the New York Law Journal and an Adjunct Professor of Law at Pace Law School.

Non-Traditional Lenders and the Impact of Loan-to-Own Strategies on the Restructuring Process

Wed Mar 10 06:00:02 EST 2010

Title : Non-Traditional Lenders and the Impact of Loan-to-Own Strategies on the Restructuring Process

Equity and hedge funds have been aggressively acquiring distressed assets through the employment of  'loan-to-own' strategies.

In a typical scenario, a fund will purchase the secured loan held by the traditional lender to a distressed company at a discount.  The fund's interest in purchasing the loan is not to become a substitute lender, but rather to acquire a steppingstone to eventual ownership through a bankruptcy acquisition requiring only a modest amount of additional investment.

The fund then lines up the professionals and positions the company for bankruptcy, using its economic leverage as the new secured lender.  As bankruptcy approaches, the fund becomes the DIP lender and the 'stalking horse' bidder to purchase the company under section 363 of the bankruptcy code.

Join Michael P. Richman, Partner at Foley and Lardner LLP as he examines this recent trend and the issues associated with 'loan-to-own' strategies.

In this Audio CD (recorded late July 2007), he discusses:

Should the loan-to-own party be permitted under section 363(k) to credit bid the full face amount of the secured claim that it purchased at a discount?
Should credit-bid rights be denied entirely in these scenarios, or limited/conditioned in some manner (e.g., limited to the discounted purchase price)?
In these situations, should the loan-to-own party be able to use the leverage of the DIP loan to limit the scope of what professionals (particularly committees) may investigate and do to fulfill their duties under the bankruptcy code?
Should the loan-to-own party be permitted to use the bankruptcy process to "clean-slate" its acquisition without providing any distributions to unsecured creditors?
How would the bankruptcy process be altered if credit bid rights were denied or limited in the loan-to-own scenario?  Would it be generally better or worse from the company's perspective?  From the creditors' perspective?

Michael P. Richman
Foley & Lardner LLP
Michael P. Richman is a partner with Foley & Lardner LLP and chair of its national Business Reorganizations Practice Group. He handles bankruptcy, restructurings and creditors' rights litigation, with primary emphasis upon the representation of creditors' committees and debtors, secured and unsecured creditors, bank groups and other parties in interest in contested and litigated bankruptcy cases, out-of-court workouts and restructurings and civil suits. Significant pending and recent engagements include: counsel to Official Committees of Unsecured Creditors in Centrix Financial and NewComm Telecommunications chapter 11 cases, counsel to debtor in Medifacts International chapter 11 case, and national bankruptcy counsel to Ernst & Young LLP. Prior to joining Foley in 2006, Mr. Richman was a partner with Mayer, Brown, Rowe & Maw LLP where he recently served as national bankruptcy counsel to the Center for Claims Resolution in Chapter 11 cases of asbestos producers and suppliers, and special bankruptcy counsel to Huron Consulting. He has also recently served, among other roles, as counsel to Goldin Capital in the successful acquisition of a business in a contested section 363 auction; counsel to the State of Mississippi in a $5 billion tax claim against MCI/Worldcom; counsel to Textron Financial Corporation as secured creditor in the chapter 11 cases of Leisure Industries; co-counsel to Credit Suisse First Boston in the OSI Chapter 11 cases; counsel to agent lenders (including Bank of Nova Scotia and Textron Financial Corporation) in significant out-of-court financial workouts and restructurings; counsel to Bank of Montreal in adversary proceedings to determine status as secured or unsecured of over $1 billion of debt in Loewen chapter 11 cases; counsel to Umbro Worldwide in dispute with debtor licensee and co-licensee; and counsel to GE Capital Corporation in Loews Cineplex Chapter 11 cases.

Mr. Richman earned his J.D. from Columbia University Law School (1979) where he was a Harlan Fiske Stone Scholar and was awarded the David M. Berger Memorial Award in honor of Prof. Wolfgang Friedman (International Law). He was also the managing editor of the Columbia Journal of Transnational Law. He graduated from Vassar College (A.B., 1975) where he was awarded general honors and departmental honors in political science. Mr. Richman spent a year of his undergraduate study abroad attending the London School of Economics and Political Science.

The Subprime Sector Meltdown: Legal Developments and Latest Opportunities

Wed Mar 10 06:00:02 EST 2010

Title : The Subprime Sector Meltdown: Legal Developments and Latest Opportunities

The crisis in the subprime sector of mortgage markets has forced a number of subprime lenders into bankruptcy and is sending shockwaves throughout the corporate landscape.

As the numbers of delinquencies and foreclosures skyrocket, look for even more legal and financial upheavals as investors clamor to shift their risks onto more solvent market players through litigation.

Who will still be standing when court dockets clear? Where are the opportunities in all this turmoil? Purchase this Audio CD (recorded in October 2007) to learn from Stephen Selbst, one of Wall Street's most respected experts in corporate finance and restructuring.

Stephen provides a concise but thorough snapshot of the State of the Subprime Market, how we got here, where we're likely going  and, most importantly, how you can protect yourself and even prosper from the fallout.

You'll discover:

Roots of the crisis: how the market works and where things went wrong
Size of the subprime market and its impact on other markets
Key metrics and benchmarks you should be monitoring
A glimpse behind the curtain: Examine a typical subprime securitization transaction and see why security owners are often hard to identify
Market dynamics: Signs the crisis is likely to worsen over the next 6-12 months
Why few subprime mortgage originators (SMOs) will be able to reorganize in bankruptcy
Legal developments: bellwether suits against subprime lenders and institutional investors
Washington's response to the crisis  now and down the road
New and evolving opportunities for distressed investors

Participants in previous Beard Audio Conferences presented by Stephen have said:

Relevant information, concisely delivered.
Speaker was knowledgeable and well prepared.
Informative and timely.
Print material is an excellent reference.
Good, clear response to questions posed.
An excellent, pithy conference.

Stephen B. Selbst
McDermott Will & Emery
Stephen Selbst is a partner in the law firm of McDermott Will & Emery and head of the firms New York bankruptcy practice. He has represented debtors, secured creditors, bondholders and distressed investors in Chapter 11 cases for more than 20 years.

In recent engagements, he served as co-counsel to Parmalat USA in its successful reorganization, and he currently serves as counsel to St. Vincents Catholic Medical Centers of New York and to AMBAC Assurance Corp. in the Delta Airlines case.

Using Virtual Data Rooms to Expedite Corporate Restructuring

Wed Mar 10 06:00:02 EST 2010

Title : Using Virtual Data Rooms to Expedite Corporate Restructuring

Technology as a Competitive Advantage For Today's Legal Processes

Virtual Data Rooms or VDRs now change the way legal and financial professionals manage debtor-in-possession (DIP) financing, conduct contract review, and collaborate with interested parties associated with a Chapter 11 corporate restructuring.

VDRs offer a web-based, secure environment where document exchange and review can occur more quickly and efficiently.  Recent restructuring cases illustrate how VDRs play an instrumental role during adversary proceedings that stem from a bankruptcy filing, asset sales as a result of the plan of reorganization and compliance with federal requirements regarding document retention and access.

Historically, VDRs facilitated other types of legal transactions.  For example, studies have shown that VDRs can help shorten MandA deal times by 40 days and reduce the cost of the overall transaction.  VDRs have also been utilized to manage deal information for private equity deals and initial public offerings (IPOs).  Professionals involved in litigation proceedings utilize VDRs to better manage documents subject to privilege associated with discovery and easily produce for service to opposing counsel.  VDRs continue to grow in popularity with professionals interested in streamlining various types of legal and financial transactions.

This Audio CD (recorded in late October 2007) offers insight into the following topics:

- Background and evolution of VDRs
- How VDRs reduce costs and streamline the corporate restructuring process
- Real-world case examples of VDR usage
- The benefits of utilizing VDRs to facilitate administrative management of corporate transactions
- General pricing considerations when seeking a virtual data room for restructuring cases



Eric S. Kurtzman
Kurtzman Carson Consultants LLC
Eric S. Kurtzman, J.D., M.B.A., is the Chief Executive Officer and Co-Founder, Kurtzman Carson Consultants LLC. Eric brings a wealth of experience and expertise in corporate bankruptcy law to his leadership role at KCC based on his former career as a corporate restructuring attorney. He co-founded Kurtzman Carson Consultants LLC (KCC), a provider of technology-based, administrative solutions for the legal and financial industries, to pursue a shared vision for fast, efficient and highly reliable restructuring administration services from the perspective of professionals who understand the industry and its challenges.

Under Erics leadership, KCC has expanded its solutions to class action management services, transaction support services, and litigation support services. He also spearheads the consulting group, ensuring a high level of client service during each engagement. Through these efforts, KCC has recently been recognized as one of the fastest growing companies in America.

Before co-founding KCC, Eric was a bankruptcy attorney at Pachulski, Stang, Ziehl, Young & Jones P.C. in its Los Angeles office, representing Chapter 11 debtors, such as Breed Technologies, Sabratek Corporation and Sunbelt Nursery Group, Inc. Previously, he served as a member of the Los Angeles office of bankruptcy boutique Murphy, Weir & Butler P.C.

Based on his extensive knowledge of bankruptcy law, Eric is a contributing author of First-Day Motions Manual: A Practical Guide to the Critical First Days of A Bankruptcy Case, a reference that provides background on the various motions filed on the first day of a bankruptcy case. Eric earned his Juris Doctor from the UCLA School of Law and his Master of Business Administration degree from the UCLA Anderson School of Management. He graduated as departmental valedictorian from the University of California, Berkeley with Bachelor of Arts degrees in Economics and Japanese Politics.
Jonathan A. Carson
Kurtzman Carson Consultants LLC
Jonathan A. Carson, J.D., is President and Co-Founder, Kurtzman Carson Consultants LLC. A former corporate-restructuring attorney, Jonathan possesses an in-depth understanding of Chapter 11 and serves as an industry expert on trends and developments within the evolving corporate restructuring arena.

He co-founded Kurtzman Carson Consultants LLC (KCC), a provider of technology-based, administrative solutions for the legal and financial industries, to pursue a shared vision for fast, efficient and highly reliable restructuring administration services from the perspective of professionals who understand the industry and its challenges. As President of KCC, Jonathan oversees the design and development of the companys proprietary, web-based technology. He also serves as the lead in business development and marketing initiatives, maintaining and growing client relationships. He has contributed to KCCs growth and recent recognition as one of the fastest growing companies in America.

Prior to establishing KCC, Jonathan was a corporate-restructuring attorney with Kirkland & Ellis LLP in the firms Chicago office, as well as at Pachulski, Stang, Ziehl, Young & Jones P.C in Los Angeles. In his previous positions, Jonathan represented numerous debtors in their restructuring efforts including: United Artists Theatre Corp.; Babcock & Wilcox; Harnischfeger Industries, Inc.; and Indesco International, Inc. Jonathan began his professional career as the Judicial Law Clerk to the Honorable Geraldine Mund, United States Bankruptcy Judge, Central District of California (Los Angeles). A frequent guest speaker at industry events, Jonathan has spoken at gatherings of the National Conference of Bankruptcy Judges and the American Bankruptcy Institute. He lectures on a regular basis at Northwestern University School of Law, Chicago Kent College of Law and the University of California at Los Angeles School of Law.

Due Diligence for Hedge Fund Investing

Wed Mar 10 06:00:02 EST 2010

Title : Due Diligence for Hedge Fund Investing

Precautions and Pitfalls for Institutional Investors and their Advisors

The unraveling of credit markets is causing all investors  especially those heavily invested in hedge funds  to re-examine their portfolios and re-evaluate their risks.

This special Audio CD (recorded November 2007) provides expert insights on the state of hedge fund investing  plus a roadmap to the changing legal landscape ahead.

You'll learn

What's behind the curtain: Get a better understanding of the structure of hedge funds, especially regarding their transparency (or lack thereof)
Current status of hedge fund regulation
Prospects for future rules that could dramatically impact your investment decisions
Implications of growth and contraction of hedge funds  is the bubble bursting throughout the industry or just in certain sectors?
Risks of litigation: Many recent fund failures will result in expensive and contentious court battles. Discuss how to protect yourself  in advance of troubles
Strategies for minimizing your risks in today's volatile hedge fund environment

Who Will Benefit:
Anyone involved in hedge fund investing, legal compliance, or regulatory matters, especially institutional investors and those who advise them.

Jonathan Sablone
Nixon Peabody LLP
Jonathan Sablone is a partner and trial attorney in Nixon Peabody's Boston office. He is a member of the firm's Business Litigation Practice Group, Financial Services and Securities Litigation Team. Jonathan represents large companies in complex commercial litigation matters including disputes relating to complex contracts, partnerships, telecommunications, securities, tax, nvironmental, commercial real estate and consumer protection claims, including the defense of class actions.

He also is the co-founder and co-chair of Nixon Peabody's Investment Partnership Litigation team, a cross-disciplinary group of attorneys from across the firm's national markets and practice groups. In coordination with Nixon Peabody's nationally acclaimed syndication practice, this team represents limited partnerships, investors and partners in transactional and litigation matters related to limited partnership investment vehicles, including hedge funds.
Timothy Mungovan
Nixon Peabody LLP
Timothy W. Mungovan is a litigation partner in the firm's Business Litigation Group and Private Equity Group. Tim is the co-founder and co-chair of the firm's Investment Partnership Litigation team. His practice is focused on complex business litigation with an emphasis on investment partnerships, securities, finance and technology related-issues.

Tim is involved, as litigation counsel, in many of the largest hedge fund failures and frauds over the last few years, including Philadelphia Alternative Asset Management Co., International Management Associates, Viper Asset Management, SPhinX Managed Futures Index Fund, and Bayou.

Examining the Examiners: Pros and Cons of Using Examiners in Chapter 11 Proceedings

Wed Mar 10 06:00:02 EST 2010

Title : Examining the Examiners: Pros and Cons of Using Examiners in Chapter 11 Proceedings

Do examiners help or hinder a restructuring case? Are their costs justified? Increased scrutiny is coming.

Using independent, third-party examiners to investigate, analyze and report on pre- and post-bankruptcy matters is supposed to aid the Court and the parties in administering the case. In reality, though, examiner practices and reports often raise more questions than answers, and expensive litigation follows.

Invest in this Audio CD (recorded late February 2008) to hear nationally renowned restructuring attorney Tom Salerno discuss the latest developments in the use of examiners. He'll also review the basic roles and responsibilities of examiners and examine both sides of the question of their cost-benefit.

You'll discover:
What are the rules for appointing examiners in Chapter 11 cases? What rights and appeals do creditors and debtors have in the process?
Examiner powers  what are the legal limits?
How much discretion do the courts have in assigning duties?
Who is qualified to be an examiner?
Who pays  and how are fees determined?
Evidentiary issues regarding examiner reports  Great report! Now what do we do with it?
The examiner report as public record  To seal or not to seal. That is the question!
What risks and liabilities  if any  do examiners face?
Lessons learned from the use of examiners  case law, rules and opinions
What changes are on the horizon?

Thomas J. Salerno
Squire Sanders & Dempsey
Thomas J. Salerno is a partner in, and co-chair of, the Reorganization and Restructuring Group in the Phoenix office of the international law firm of Squire, Sanders & Dempsey. He also serves as chair of the firms International Insolvency Practice Group. For more than 20 years, he has represented creditors committees, debtors, lenders and other parties in complex Chapter 11 reorganizations involving public debt and equity securities throughout the U.S. He also has represented parties in insolvency proceedings in the Czech Republic, Switzerland, Germany and the United Kingdom.

He has written or co-authored several books, including The Executive Guide to Corporate Bankruptcy, published by the Beard Group. He has been included in The Best Lawyers of America since 1992 and was named one of 12 Outstanding Bankruptcy Lawyers by Turnarounds & Workouts.

New 'Red Flag' Identity Theft Rules

Wed Mar 10 06:00:02 EST 2010

Title : New 'Red Flag' Identity Theft Rules

Assessing Your Risks and Managing Your Liabilities

New federal rules  called the Red Flag Regulations  require all financial institutions as well as providers of credit to adopt extensive identity theft policies and programs.

These sweeping new rules impact all businesses that extend, renew or continue credit, transforming not only banking institutions but also retailers, utilities, car dealers and other organizations that hold consumer accounts. Big or small, your business must now develop and implement a proactive Identity Theft Prevention Program that detects, prevents, and mitigates identity theft. In some cases, your vendors also must help you comply.

Are you ready for these rules? Invest in this Audio CD (recorded late February 2008) and hear noted privacy expert Luis Salazar explain your new responsibilities under the Red Flag Regulations. He'll also provide real-world compliance strategies for minimizing your latest risks and liabilities.

You'll learn:
What accounts are covered by the Red Flag rules? Any exclusions?
New requirements for handling Change of Address requests
New rules for monitoring Address Discrepancies
31 patterns, practices and specific forms of activities that indicate possible risk of identity theft
Preparing vendor agreements that comply with your Red Flag duties
Application to business identity theft protection
Methods for assessing your identity theft risk profile
Why and how your program must continually evolve to meet new threats
Compliance deadlines
Practical guidelines for developing appropriate policies and procedures to comply with the new regulations

Luis Salazar
Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.

The Chapter 15 International Insolvency Institute

Wed Mar 10 06:00:02 EST 2010

Title : The Chapter 15 International Insolvency Institute

An Audio Primer on Cross-Border Bankruptcy Rules

In today's multi-national corporate world, cross-border restructurings trigger special challenges for creditors and debtors alike.

To avoid mistakes, learn from this Audio CD (recorded in early April 2008), where international experts lead you step-by-step through the major stages of a Chapter 15 filing.

Attorneys Luis Salazar and Paul Keenan explain the current Chapter 15 rules, clarify often-confusing terms such as COMI, outline your legal options, and update you on the latest developments. They use real-world case studies such as Bear Sterns and SPhinX Funds to illustrate key concepts and spotlight crucial court decisions.

You receive:

A logical, easy-to-follow guide to international insolvency proceedings
Plain-English explanations of the most important concepts and buzzwords you need to know
Snapshots of key decision pathways, including determining main vs. non-main centers of interest
Explanations of who's eligible to file for Chapter 15
Descriptions of pre- and post-recognition relief available
What are the stay exceptions
How Chapter 15 relates to EU regulations and other global rules
Case studies of key court decisions, including
o Tri-Continental Exchange
o SphinX Funds
o Compania del Alimentos Fargo, S.A.
o Katsumi Iida
Why the Bear Stearns case is important in determining jurisdictional oversight
Practical strategies for today's creditors and debtors facing international insolvency decisions

Luis Salazar
Greenberg Traurig P.A.
Described as one of South Florida's "legal elite" by Miami's Daily Business Review, Luis Salazar is a shareholder in the international law firm of Greenberg Traurig. In his practice, he counsels a diverse group of clients through difficult situations from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

Luis has led Chapter 11 reorganizations for many well-known companies including Gerald Stevens, Fine Air and Arrow Air, Xpedior, Scient, and others with combined assets exceeding $5 billion. He also has led less well-known reorganizations, work-outs and financial negotiations on behalf of clients in the aviation, money-wiring, food service, import-export, and entertainment fields. He currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers' private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio and Foxtons bankruptcy cases.
Paul Keenan
Greenberg Traurig, P.A.
Paul J. Keenan, Jr., is an attorney in the business reorganization and bankruptcy practice of Greenberg Traurig's Miami office, where he represents banks and other lending institutions, debtors, unsecured creditors and asset purchasers in corporate restructurings, loan workouts and bankruptcy cases. Paul speaks Spanish and has significant experience representing lending institutions and debtors in cross-border corporate restructurings and loan workouts, primarily in Latin America and the Caribbean.

His experience includes representing a large Latin American telecommunications company in all aspects of its corporate and financial restructuring; representing a major cruise line in the negotiation, drafting and bankruptcy court approval of a DIP financing facility; and representing U.S. investors in corporate restructuring of an Argentine charter airline. Paul is chair of the Latin America Committee for INSOL International and the co-author of Chapter 15: The U.S. Cross-Border Insolvency Law, included in the latest edition of the PLC Cross-Border Restructuring and Insolvency Handbook.

Healthcare Bankruptcy Reforms

Wed Mar 10 06:00:02 EST 2010

Title : Healthcare Bankruptcy Reforms

New Code Requirements for Healthcare Providers

For those of you concerned about the impact of the new bankruptcy law on healthcare businesses, you may now purchase the Audio CD Recording of this timely 90-minute audio conference.

Recorded in December 2005 and presented by one of the nation's top healthcare bankruptcy experts, this program will help you and your staff will discover --

How the new Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) defines  for the first time ever in the bankruptcy world  healthcare businesses, patients, and patient records
New rules governing how you dispose of patient records. What happens when there's not enough money to pay for record storage?
Step-by-step procedures for legally disposing patient records while meeting all HIPAA confidentiality rules
Recognized costs of closing a healthcare business  what you can expect the courts to approve and disapprove
Important new role of the Healthcare Ombudsman  qualifications, duties and powers of this new patient advocate
How to meet your new duties to relocate or transfer patients
The new HHS exception from the automatic stay. Does it give the Department of Health and Human Services expanded debt collection powers against a healthcare debtor?
And much more.

Program Outline/Agenda:

1. New Healthcare Definitions
2. Disposal of Patient Records
- Insufficient funds to pay for storage of patient records
- Procedure for disposal of patient records
3. Costs of Closing Healthcare Business as Administrative Expense
4. Appointment of Healthcare Ombudsman
- Duties and powers of ombudsman
- Confidential information
- Compensation
5. Duty to Transfer Patients
- Place of relocation
- Trustee's duty
6. Effect on the Automatic Stay

Stephen B. Selbst
McDermott Will & Emery
Stephen Selbst is a partner in the law firm of McDermott Will & Emery and head of the firms New York bankruptcy practice. He has represented debtors, secured creditors, bondholders and distressed investors in Chapter 11 cases for more than 20 years.

In recent engagements, he served as co-counsel to Parmalat USA in its successful reorganization, and he currently serves as counsel to St. Vincents Catholic Medical Centers of New York and to AMBAC Assurance Corp. in the Delta Airlines case.

Compliant Hospital-Physician IT Integration

Wed Mar 10 06:00:02 EST 2010

Title : Compliant Hospital-Physician IT Integration

New Legal Guidelines and Incentives for Electronic Medical Records

When can hospitals legally underwrite IT arrangements with local physicians?

Until just recently, the answer was not very often and loaded with Stark law concerns. Now the answer is more likely yes, but under the right conditions. A May 2008 CMS Advisory Opinion  coupled with clarified IRS rulings and new Medicare incentives for healthcare IT and e-prescriptions  has sparked renewed hospital-physician IT integration efforts nationwide.

Invest in this Audio CD (recorded October 2008) and let a trio of the nation's leading healthcare law and IT attorneys explain the latest CMS and IRS rules for Electronic Health Record (EHR) integration, steer your efforts to a compliant Stark track, and answer your most pressing questions.

You'll examine

- When it's OK to integrate  types and conditions of IT arrangements considered favorably by CMS
- Current Stark law exceptions for e-prescribing and EHR information technology
- Still-to-be-navigated Stark pitfalls and gray areas
- Levels of IT support or subsidies that could trigger federal scrutiny
- Latest IRS rules and obligations for profit and not-for-profit hospital IT donations
- New Medicare incentives for healthcare IT systems
- Negotiating and structuring IT vendor contracts  practical suggestions to protect yourself
- Prospects for additional incentives and enhanced regulatory relief

Charles B. Oppenheim
Foley & Lardner, LLP
Charles B. Oppenheim is a partner with Foley & Lardner LLP. A nationally recognized expert on Stark law issues and a member of the firm's Health Care Industry Team, he focuses his practice on all aspects of transactional, operational and regulatory health care law. For many of the largest health care companies in the U.S., Charles provides counseling on the anti-kickback and Stark laws, creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of health care providers. He is the author of "Stark Final Regulations: A Comprehensive Analysis of Key Issues and Practical Guide, Third Edition", published by the American Health Lawyers Association.
James R. (Jim) Kalyvas
Foley & Lardner LLP
James R. (Jim) Kalyvas is a partner with Foley & Lardner, serving as chair of the firm's Information Technology & Outsourcing Practice. He advises companies, public entities, and associations on all matters involving the use of information technology. In particular, Jim advises healthcare organizations on their IT vendor contracts, and negotiates agreements with IT companies on behalf of health care providers. He specializes in structuring and negotiating outsourcing transactions, enterprise resource planning (ERP) initiatives, and unique business partnering relationships. He has incorporated his experience in handling billions of dollars of technology transactions into the development of several proprietary tools relating to the effective management of technology selection, negotiation, implementation, and management processes.
Richard K. (Rick) Rifenbark
Foley & Lardner LLP
Richard K. (Rick) Rifenbark is senior counsel with Foley & Lardner and a member of the firm's Health Care Industry Team. He is also a member of the White Collar Defense & Corporate Compliance Practice. His practice focuses on fraud and abuse issues, including counseling on the federal anti-kickback and Stark laws, creating and implementing compliance programs, conducting internal investigations, responding to government enforcement actions, and negotiating settlements for various types of health care providers. Ricks professional experience includes the representation of a hospital accused of violating the federal anti-kickback statute through its physician relationships. He recently co-authored the book Healthcare Compliance Professional's Guide to the False Claims Act, published in October 2007.

Determining Fair Market Value

Wed Mar 10 06:00:02 EST 2010

Title : Determining Fair Market Value

Expert Briefing on the Changing Landscape of FMV in Healthcare Arrangements

Revenue streams and business arrangements once thought legal are now subject to new rules and conditions. Are your valuation assumptions and decisions still safe?

New regulations and turbulent market conditions are creating a nightmare for assessing today's fair market values. Previously predictable revenue streams and supposedly safe business models are now under scrutiny or outright banned.

Invest in this Audio CD (recorded October 2008) to protect yourself and your balance sheet. Jeff Sinaiko and Greg Endicott of Sinaiko Healthcare Consulting update you on important national developments affecting accurate valuations, spotlight industry-wide trends that can make or break acquisitions and JVs, and arm you with the business intelligence you need for financially sound and compliant decisions in these uncertain times.

You'll examine

How recent changes in Stark Law may change everything you thought you knew about valuation
Current state of FMV safe harbors and exceptions
Recent OIG Advisory Opinions  avoid making the same mistakes others have made
View from the bench  impact of recent court cases on FMV
Eye-opening trends in compensation for physician practice acquisitions
  Unit of Measure issues in more complex arrangements
Valuation risks for providers buying services from other providers
Key changes in valuation of payment for technical services

Who Will Benefit:
This practical program is designed for hospital, ancillary service and physician business leaders, CEOs, CFOs, healthcare attorneys, compliance officers, and business development executives.

J. Gregory Endicott, CPA/ABV, ASA
Sinaiko Health Consulting, Inc.
J. Gregory Endicott, CPA/ABV, ASA, is the Managing Director of Valuation Services for Sinaiko Healthcare Consulting. An experienced financial consultant with extensive business valuation experience in the healthcare industry, Greg is responsible for all aspects of Sinaiko's valuation practice. He joined Sinaiko after serving as an Associate Managing Director of Kroll, Inc., and as a Consulting Manager for Arthur Andersen LLP. Greg has performed a substantial number of valuations for compensation arrangements, acquisitions, divestitures, joint ventures, tax planning, corporate reorganizations and financial reporting.
Jeff Sinaiko
Sinaiko Health Consulting, Inc.
Jeff Sinaiko is President of Sinaiko Healthcare Consulting, Inc., in Los Angeles. He has extensive experience in advising on complex transactions, practice operations, compliance improvement projects and strategic issues, especially in the areas of hospital/physician and for-profit/not-for-profit relationships. Jeffs clients include hospitals, health systems, medical groups, ancillary service providers and other healthcare provider businesses. He also assists such clients with strategic business development projects.

New Stark Law Modifications

Wed Mar 10 06:00:02 EST 2010

Title : New Stark Law Modifications

New Stark Law final regulations published August 19 by CMS continue to revise and expand the prohibition on physician self-referrals.

Some of the new rules take effect October 1, 2008. Moreover, several new rules significantly differ from earlier proposals. Most of the changes further limit physicians' ability to keep investment interests and compensation arrangements with entities to which they make DHS referrals.

What's been changed  and what's been deferred? Purchase this Audio CD (recorded September 2008) from the Stark Law Modifications Audio Alert and let two of the nation's leading healthcare attorneys  along with senior CMS representatives Donald Romano and Lisa Ohrin  explain the new rules, answer your questions, and get you and your colleagues up to speed on all the latest changes. You'll examine

New prohibitions on Per-Click Payments for lessor referrals to lessee DHS providers
Percentage-Based Compensation prohibitions and applications to Space and Equipment Leases and Fair Market Value
New CMS limits for Under Arrangements Services  impact on future hospital-physician ventures
Practical guidance for reviewing and unwinding potentially non-compliant arrangements
- How physician owners, but not employees, must "Stand in the Shoes" of their physician organizations in relationship to DHS entities

Donald H. Romano
Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.
Hayden S. Wool
Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
Lisa Ohrin
Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues.

Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
Steven J. Chananie
Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

Physician Recruitment Rules

Wed Mar 10 06:00:02 EST 2010

Title : Physician Recruitment Rules

The Stark II, Phase III regulations took effect on December 4, 2007.  For many physician arrangements, the rules became more restrictive.  With the physician recruitment exception, however, CMS acknowledged impracticalities in the prior rule and expanded the scope of permitted arrangements.

This Audio CD (recorded January 2008) looks at the current state of the physician recruitment exception under the Stark Law and Regulations.  In particular, two of the nation's top experts on physician recruitment rules focus on the following questions, based on the Stark II, Phase III rules changes:

- What hospitals qualify for the relocation exception?  How is the "geographic area served by the hospital" defined?

- Which physicians are exempt from the relocation requirement?

- How can recruitments with groups be structured?  What income guarantees are permitted?  What is a "practice restriction" prohibited by the regulations?

Ultimately, the speakers answer the question: What needs to change in your current recruitment arrangements or compliance policies?

H. Carol Saul
Epstein, Becker & Green
H. CAROL SAUL is a member of the firm in the Health Care and Life Sciences Practice in the firms Atlanta office. Carols practice focuses on regulatory counseling for academic medical centers and home and community-based services providers, including home health, hospice, infusion therapy, HME and assisted living.

Her areas of focus specifically include the Stark Law, the Anti-kickback Statute and other federal and state fraud and abuse laws, compliance counseling, HIPAA, health regulatory due diligence counseling and Medicare/Medicaid reimbursement matters.

Carol's experience includes:

Regulatory advice in connection with sale of non-profit hospital
Appeals of Medicaid recoupment actions
Public home health provider compliance program development
Managed Request for Proposal and contracting process for start-up hospice
Successful appeals of home health CON applications
Regulatory due diligence of providers in hospice, infusion therapy, home health, assisted living, telemedicine, and other sectors
General counsel to trade association
Drafted residency training agreements for non-profit medical school
Affiliation agreement between medical school and faculty practice plan
HIPAA advice to physician billing companies, medical transcriptionists, physician practices, business associates
Safe harbor structuring of health care contracts
European Union data-privacy safe harbor guidance
American Arbitration Association arbitrator
Voluntary disclosure counseling

Kimberly Ruark
Epstein, Becker & Green
KIMBERLY "KIM" S. RUARK is an attorney in the Health Care and Life Sciences Practice in the firm's Atlanta office. Kim's practice focuses on a broad range of general corporate and regulatory matters, with particular emphasis on representing clients in the healthcare industry.

As part of her healthcare practice, Kim:

- Advises healthcare providers on legal issues arising from a variety of corporate transactions and business arrangements, including mergers and acquisitions, joint ventures, employment arrangements, and managed care contracting;

- Counsels healthcare clients regarding regulatory matters including Medicare/Medicaid issues, federal and state fraud and abuse laws, federal and state self-referral laws, and standards applicable to tax-exempt organizations.

New Medicare Anti-Mark Up Rule: Big Changes for Diagnostic Service Billings

Wed Mar 10 06:00:02 EST 2010

Title : New Medicare Anti-Mark Up Rule: Big Changes for Diagnostic Service Billings

The new 2008 Physician Fee Schedule released by CMS in November includes major  and for some healthcare providers, profit shattering  changes to the reimbursement rules for diagnostic tests.

The newly expanded Anti-Mark Up Rule affects a provider's ability to bill Medicare for more than the cost of diagnostic tests that are either purchased by the provider or done in certain provider offices (such as one where the provider doesn't provide substantially the full range of the provider's services).

Just as importantly, these new rules apply whether or not your practice meets the in-office ancillary services exception under Stark.

With this Audio CD (recorded in late November 2007), let a trio of the nation's leading healthcare attorneys  along with senior CMS representatives Donald Romano and Lisa Ohrin  explain the new rules, answer your questions, and get you and your colleagues up to speed quickly on the changes, including

Who's covered by the newly expanded Medicare anti-mark up rule
When does the new rule take effect
Site of service as the key factor in determining mark up
New CMS definition of office when applied to physician organizations such as professional corporations or medical groups
Existing arrangements that will require restructuring
How the new reimbursement rates will be calculated
Addition of professional components as well as technical ones
Impact of employment status of test performers  including independent contractors and part-time employees
Relationship of new rules to existing Stark requirements
CMS insights and perspectives about the new rules

Who Will Benefit:
Any provider of diagnostic ancillary services (including both imaging and lab) and managers, compliance personnel, in-house counsel, accountants, and other consultants involved in diagnostic ancillary services.

Chairman: Norton L. Travis
Garfunkel, Wild & Travis, P.C.
Norton L. Travis is a founding member of the healthcare law firm, Garfunkel, Wild & Travis, P.C. Since 1980, his practice has been devoted solely to representing health care clients, and has focused primarily on transactional matters, including mergers and acquisitions, joint ventures, and related corporate matters.

As Chair of the firms Business Practice Group, Mr. Travis represents both regional and national companies active in diagnostic testing, managed care and other areas. He has also assisted many hospitals in joint ventures with outside businesses to maximize third-party revenue opportunities, while ensuring compliance with state and federal regulatory and tax exemption requirements. His role includes providing assistance on day-to-day operations and business strategies that support his clients growth and development. Mr. Travis also provides counsel on regulatory compliance (e.g., state and federal fraud and abuse, anti-kickback and self-referral laws), antitrust, and third-party reimbursement, as well as other key issues affecting health care businesses. Mr. Travis is listed in the 2006 and 2007 edition of The Best Lawyers in America under the specialty of Health Care Law as well as being recognized by the Chambers USA Guide.
Donald H. Romano
Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.
Hayden S. Wool
Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
Lisa Ohrin
Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues.

Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
Steven J. Chananie
Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

Medical Tourism

Wed Mar 10 06:00:02 EST 2010

Title : Medical Tourism

Understanding the Industry and Its Legal Fundamentals

Where in the world will Medical Tourism take your organization?

The combination of the large number of uninsured Americans and access to online information is driving medical tourists to seek new, global providers for even traditional healthcare services.

Purchase this Audio CD (recorded November 2007) to better understand the dimensions of this exploding market. Moreover, you'll discuss how U.S. providers are riding the wave  profitably and within the law  and how your organization can take advantage of the developing opportunities.

You'll examine:
Legal and financial fundamentals of the developing U.S. medical tourism industry
Who are the major foreign provider participants
Who are the big U.S. - based providers (Harvard, Duke, Johns Hopkins, Christus, among others)  and why
Focus on Mexico: Entry into "mainstream" services through southern California insurance plans
Medical tourism facilitators (self-pay)
Medical tourism components of health plans
Top regulatory issues, including insurance, ERISA, foreign corrupt practices, federal and state Stark and anti-kickback risks
Liability risks and how to minimize them
Joint Commission International standards
Government initiatives  with both barriers and opportunities  at the federal and state levels

Who Should Attend:
This practical program is designed for healthcare executives, in-house and private attorneys, compliance officers, marketing specialists, and others who must advise their clients on the risks and opportunities arising from the phenomenon of medical tourism.

Dale C. Van Demark
Epstein Becker & Green, P.C.
Dale C. Van Demark is a member of the Health Care and Life Sciences and Business Law Practices in Epstein Becker & Green's Washington, D.C., office. He has been at the forefront of advising clients on the globalization of the U.S. healthcare industry, including the burgeoning medical tourism/medical travel industry. He also provides tax-exempt counseling to both tax-exempt organizations and those seeking business relationships with such organizations.
Kevin J. Ryan
Epstein Becker & Green, P.C.
Kevin J. Ryan is a senior attorney in the Health Care and Life Sciences Practice of Epstein Becker & Green's Chicago office. His clients include hospitals, nursing homes, surgery centers and physician groups. He assists clients with negotiating and drafting various types of agreements, including managed care agreements, licensing agreements, and management services agreements. He also advises clients on licensing laws, acquisitions, and Certificates of Need matters.
Rachel Spitz
Epstein Becker & Green, P.C.
B. Rachel Spitz is an attorney in the Health Care and Life Sciences Practice in Epstein Becker & Green's Washington, D.C., office. She advises clients on legal, regulatory and reimbursement issues arising under Medicare, Medicaid, and other third-party payment programs. She also counsels healthcare entities on federal and state fraud issues, including anti-kickback, self-referral and false claims laws.

Has The Cry For Transparency in Credit Default Swap Trading Been Answered? The Impact of the Big Bang Protocol and Recent Regulatory Initiatives for the U.S. CDS Market

Wed Mar 10 06:00:02 EST 2010

Title : Has The Cry For Transparency in Credit Default Swap Trading Been Answered? The Impact of the Big Bang Protocol and Recent Regulatory Initiatives for the U.S. CDS Market

The Impact of the Big Bang Protocol and Recent Regulatory Initiatives for the U.S. CDS Market

Live 90-minute telephone conference with interactive QandA session  unlimited enrollment per call-in site.

This conference will include:

What are CDS: plain vanilla to CDS on CDOs, who sells and who buys them, how are they used to reduce risk or as an investment
Why CDS are such a focus in the economic crisis: lack of regulation, undisclosed exposure of counterparties, lack of reserves to meet CDS payment obligations, complex transactions with ill-understood or underestimated risks, incentive to press troubled companies into Ch 11 to trigger CDS payouts
What is meant by "more transparency"
What is the Big Bang protocol, why is it important, and how might it affect the markets?
Federal regulatory proposals/plans: what are they and what will be real impact? Clearinghouse trading vs OTC?
State insurance commissioner proposals to regulate
How CDS are treated under US securities laws, especially insider trading

Andrea J. Pincus
Reed Smith
Andrea is a partner at Reed Smith and a member of the Financial Industry Group, practicing in the areas of Commercial Restructuring & Bankruptcy as well as Derivatives & Structured Products and related disputes.

Andrea represents hedge funds, banks and other institutional investors, bondholders, and indenture trustees, as well as ad hoc and official committees, secured creditors, governmental entities, private individuals and debtors-in-possession. Her bankruptcy practice includes all aspects of Chapter 11 cases, as well as out-of-court workouts involving private and publicly held companies. In addition, Andrea represents hedge funds, banks and other financial institutions in connection with investing or trading strategies, cross border issues, and in disputes concerning breach of contract, structured debt, and derivative transactions based on ISDA and similar documentation.

Andrea also has extensive litigation experience in federal and state courts, in actions for breach of fiduciary duty, director and officer liability, breach of contract, fraud, and international commercial disputes.

1991 J.D., New York University School of Law
Root Tilden Snow Scholar

1987 B.A., magna cum laude, Yale College
Honors in American Studies
Andrew P. Cross
Reed Smith
Andrew, a partner at Reed Smith, is a member of the Financial Industry Group, practicing in the area of Investment Management. As a JD/MBA with extensive experience as both in-house counsel and a private practice attorney, Andrew brings a multi-disciplinary approach to his investment management and capital markets practice. Andrew currently counsels Reed Smith's investment management clients on a wide variety of business, corporate governance, regulatory and transactional matters with an emphasis on the use of derivatives by investment advisors and their clients. He also routinely represents and counsels firm clients in a variety of other industries (including the financial services, steel, and energy industries) with respect to their use of derivatives and other sophisticated financial instruments.

1998 J.D., University of Pittsburgh School of Law

2008 M.A., University of Balamand, Applied Orthodox Theology

1998 M.B.A., University of Pittsburgh - Katz School of Business

1995 B.A., summa cum laude, Washington & Jefferson College, History with a concentration in Russian Language

2009 Physician Fee Schedule Final Rule

Wed Mar 10 06:00:02 EST 2010

Title : 2009 Physician Fee Schedule Final Rule

Updates and Insights on the New Rule: CMS Speaks

Enjoy an insightful Audio CD (recorded mid-December 2008) on the major changes and clarifications contained in the 2009 Physician Fee Schedule Final Rule, published in November 2008 by CMS.

Among other new requirements, The 2009 Physician Fee Schedule Final Rule includes:

- Signficant changes to the Anti-Markup Rule (also referred to as the purchased diagnostic test rule),

- A new requirement for mobile entities performing diagnostic testing  which are now required to enroll as independent diagnostic testing facilities,

- Adding outpatient speech-language pathology services to the list of designated health services (DHS) for purposes of the Stark Law.

In this approximately 90-minute Audio CD, these and other critical issues are examined by key officials from the Center for Medicare and Medicaid Services (CMS) and the health care law firm of Garfunkel, Wild and Travis (GWT), P.C.

The GWT panelists provide an overview of the new changes and pose questions to the CMS officials concerning their practical application to a variety of situations and provider types. The CMS panelists provide insight into CMS's interpretation of these new regulations.

Hayden S. Wool
Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
Karen Ostad
Morrison & Forester, LLP
Karen Ostad is a partner in the New York office of Morrison & Foerster LLP and a member of the Bankruptcy and Restructuring Practice Group. Ms. Ostad has extensive experience in representing significant stakeholders in large and complex U.S. and multinational insolvency proceedings, including Chapter 11 and Chapter 15 proceedings, and out of court restructurings of distressed companies. She advises on both the corporate and litigation aspects of restructurings. Ms. Ostad was recently featured in an expos published by The Deal entitled Breaking Ground, which recognized her precedent-setting work in the cross-border restructuring area.
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Kristin Bohl
Centers for Medicare and Medicaid Services (CMS)
Kristin Bohl is an attorney and a Clinical Nurse Consultant for the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues.
Lisa Ohrin
Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues.

Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
Steven J. Chananie
Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

General Motors Chapter 11 filing

Wed Mar 10 06:00:02 EST 2010

Title : General Motors Chapter 11 filing

Prospects, Opportunites and Risks

- Updated news and developments about the case
- A profile of the company and what factors triggered the filing
- Information on current and prospective sources of financing during reorganization
- A list of major creditors, including first and second lien note holders
- Detailed analysis of the role of key players in the case
UAW workers and retireespensions and health care benefits
GM Dealers
Consumers
Suppliers

General Motors Chapter 11 Filing

Wed Mar 10 06:00:02 EST 2010

Title : General Motors Chapter 11 Filing

Overview and Recent Developments

Download" target=_new>http://www.beardaudioconferences.com/bin/download_file.pl?filename=Beard_GM_Presentation_-_1.PPT">Download Speaker Material Here

Click" target=_new>http://www.surveymonkey.com/s.aspx?sm=ydciNr_2fwPwcArND1yGNL5w_3d_3d">Click Here to take survey

General Motors, the world's largest automotive company, filed for bankruptcy protection under Chapter 11 on June 1, 2009 in the U. S. Bankruptcy Court for the Southern District of New York, less than 5 weeks since Chrysler's Chapter 11 filing.

During the audio conference, you will receive:
- Updated news and developments about the case
- A profile of the company and what factors triggered the filing
- Information on government sponsored DIP financing during reorganization
- Liquidation Issues and Acquisition Opportunities
- Detailed analysis of the role of key players in the case
UAW workers and retireespensions and health care benefits
GM Dealers
Consumers
Vendors, trade creditors and suppliers

Karen Ostad
Morrison & Forester, LLP
Karen Ostad is a partner in the New York office of Morrison & Foerster LLP and a member of the Bankruptcy and Restructuring Practice Group. Ms. Ostad has extensive experience in representing significant stakeholders in large and complex U.S. and multinational insolvency proceedings, including Chapter 11 and Chapter 15 proceedings, and out of court restructurings of distressed companies. She advises on both the corporate and litigation aspects of restructurings. Ms. Ostad was recently featured in an expos published by The Deal entitled Breaking Ground, which recognized her precedent-setting work in the cross-border restructuring area.

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Wed Mar 10 06:00:02 EST 2010

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Wed Mar 10 06:00:02 EST 2010

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Inactive BR-155

Wed Mar 10 06:00:02 EST 2010

Title : Inactive BR-155

Prospects, Opportunites and Risks

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Wed Mar 10 06:00:02 EST 2010

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Inactive BR-156

Wed Mar 10 06:00:02 EST 2010

Title : Inactive BR-156

Prospects, Opportunites and Risks

	Andrea Pincus Reed Smith LLP
Andrea Pincus joined the law firm of Reed Smith LLP as a lateral partner in February 2008, and is a member of the firms Commercial Restructuring & Bankruptcy Group and the firms Financial Industries Group. In her practice, Andrea represents hedge funds, banks and other institutional investors, bondholders and trustees, as well as ad hoc and official committees, secured creditors, governmental entities, private individuals and debtors-in-possession in all aspects of Chapter 11 cases as well as out-of-court workouts involving private and publicly-held companies. In the related areas of capital markets and structured finance, Andrea represents hedge funds, banks and other financial institutions in connection with distressed investing strategies, structured debt, and derivative transactions based on ISDA documentation, with a particular focus on credit default swaps and valuation disputes. Andrea is member of 100 Women in Hedge Funds, a global association of women in the hedge fund industry, and serves on its Philanthropy Committee and Governance Committee. In addition, she is a member of the American Bankruptcy Institute as well as the Turnaround Management Association.
	J. Andrew Rahl Reed Smith LLP
Andy is Co-Leader of Reed Smiths Commercial Restructuring and Bankruptcy Group and has been active for many years in the representation of financial institutions and other clients in bankruptcy and restructuring matters; structured finance, derivatives and other distressed complex financial instruments; DIP and mezzanine lending; mergers, acquisitions; sales and liquidations; and the ongoing activities of companies acquired by institutional clients for their investment portfolios. Andy has led more than 50 constituency engagements in the past ten years. His bankruptcy and restructuring constituency engagements in the last four years alone have included: Owens Corning, DVI, Sleepmaster, Kasper ASL, Avado Brands, Pierre Foods, Evercom, Equus Gaming (El Comandante), Syratech, Key Energy, MedQuest, United Rentals, Georgia-Pacific, Navistar, PHH Corporation, CSK Automotive, Novelis Inc. and First Data Corporation. Andy has been named one of the nations Outstanding Bankruptcy Lawyers six times in the last eight years by Turnarounds & Workouts and in May, 2007 he was named one of the Top Bankruptcy Lawyers by The Deal. He has published a number of articles and is also a frequent speaker and lecturer throughout the United States and in Europe, with more than 50 speaking engagements in the last ten years, including 14 as a conference chair or co-chair. He is also quoted frequently in the financial press on bankruptcy, restructuring and related investment matters.
	Phil Weeber Chatham Financial
Phil leads Chatham Financials Special Situations Group and has been active for many years in advising public corporations and private investment funds about risk assessment and derivative strategy consulting/execution. He has advised on over 2,000 interest rate and currency transactions, subsequently executing more than $70 billion of derivatives positions over the past six years. He has also been involved in more than 30 CDO securitizations. His clients have included: Blackstone, Capital Trust, DLJ Real Estate Partners, LNR Property, Northstar, Tishman Speyer, Toys R Us, VNU, and Westbrook Partners. Phil is currently involved in securitization workouts, derivatives valuations for litigation/dispute resolution, distressed debt fund hedging, and implementing initial hedging strategies for newly formed public REITs focused on the purchase of Agency debt.

Image Not Available	Adriaan Van Der Knaap UBS Securities LLC
Adriaan Van Der Knaap is a Managing Director and Head of the FIG Client Solutions and Restructuring Group at UBS Investment Bank. He is responsible for the creation and execution of structured solutions and restructurings to financial institutions including banks, insurance companies and finance companies. Before joining UBS in September 2002, Adriaan was head of Product Development for the Americas at Merrill Lynch. He started his career in investment banking as a member of the Capital Structuring team at Citibank in Amsterdam, London and New York. Throughout his career, he has been responsible for many innovative transactions for financial institutions in the Americas, Europe and Asia. Adriaan has a Master's degree in Economics and Taxation from the Erasmus University in Rotterdam, The Netherlands.
	Oliver Ireland Morrison Foerster
Oliver Ireland is a Partner in the Financial Services Practice Group in Morrison & Foersters Washington, D.C. office. Mr. Irelands practice focuses primarily on retail financial services including electronic commerce, compliance with Federal Reserve regulations, including Regulations Z and E, compliance with the Gramm-Leach-Bliley Act privacy provisions, the Fair Credit Reporting Act, E-SIGN, the U.S. PATRIOT Act and telemarketing rules. His practice also includes all types of payment transactions, including compliance with NACHA rules, bank regulatory issues and other aspects of financial markets such as margin lending. Prior to joining the firm, Mr. Ireland served as Associate General Counsel of the Board of Governors of the Federal Reserve System, Vice President and Associate General Counsel of the Federal Reserve Bank of Chicago, and Attorney for the Federal Reserve Bank of Boston. In his capacity as Associate General Counsel of the Board of Governors of the Federal Reserve System, Mr. Ireland was responsible for drafting or interpreting numerous Federal Reserve Board regulations including the Gramm-Leach-Bliley privacy rules, rules implementing the Expedited Funds Availability Act, rules on margin requirements, money laundering, capital requirements, reserves and interest on deposits. Mr. Ireland was also a frequent speaker both domestically and internationally and has given Congressional testimony to present the Boards position and policies. Mr. Ireland has also authored articles on financial services issues ranging from electronic commerce to tools for conducting monetary policy. He has been named one of Washingtons top banking and privacy lawyers by the Washingtonian magazine (2004) and he is listed in The Best Lawyers in America (2006 2009) and Washington DC Super Lawyers (2008) as a leader in the field of banking law. He was named a leading lawyer in financial services law in the Chambers USA Guide to America's Leading Business Lawyers put out by Chamber & Partners Publishing (2006-2008). Mr. Ireland received his B.A. from Yale University in 1970 and his J.D. from the University of Texas School of Law in 1974. He is admitted to practice in the states of Massachusetts, Illinois, and the District of Columbia.
	Thomas A. Humphreys Morrison Foerster
Thomas A. Humphreys is a partner in the Tax Department in the New York office of Morrison & Foerster LLP. He is the head of its Federal Tax Practice Group as well as co-chair of the Tax Department. Mr. Humphreys has extensive experience with the tax aspects of capital markets transactions, financial instruments, real estate investment trusts, mortgage and asset-backed securities, mutual funds, mergers and acquisitions and international transactions. Mr. Humphreys has worked with investment banks and issuers on developing new financial products for over 25 years. In the early 1990s, he advised a major investment bank on the tax treatment of the first derivatives securities/structured note shelf program. He has advised investment banks and banks on most of the major capital markets developments in the last decade including trust preferreds, Tier One capital instruments, mandatorily remarketed debt instruments, mandatorily exchangeable debt instruments, and contingent convertible bonds. He currently works with several banks and investment banks on developing new capital markets products involving equity, debt and preferred stock. Mr. Humphreys is an adjunct professor of law at New York University where he teaches Taxation of Financial Instruments in the LL.M. program. He is the author of Limited Liability Companies and Limited Liability Partnerships , published by Law Journal Seminars-Press. He is a frequent speaker on financial instruments topics before various audiences including the AICPA and the Structured Products Association. Mr. Humphreys is currently a member of the faculty of the European Tax College in Brussels, Belgium, where he teaches a seminar on the U.S. Taxation of Financial Instruments. He has previously served as chairman of the American Bar Associations Section of Taxation Committee on Regulated Investment Companies, co-chair of the New York State Bar Associations Committee on Financial Intermediaries, Tax Section Committee on Financial Instruments, Committee on Financial Institutions and Committee on Pass-Thru Entities. He is also a former member of the New York State Bar Associations Tax Section Executive Committee. Mr. Humphreys received his A.B. from the University of California at Los Angeles in 1974, his J.D. from the University of California Hastings School of the Law in 1977 and he received his LL.M. in Taxation from New York University Law School in 1979. He is a member of the bars of California and New York.

	J. Gregory Endicott, CPA/ABV, ASA Sinaiko Health Consulting, Inc.
J. Gregory Endicott, CPA/ABV, ASA, is the Managing Director of Valuation Services for Sinaiko Healthcare Consulting. An experienced financial consultant with extensive business valuation experience in the healthcare industry, Greg is responsible for all aspects of Sinaiko's valuation practice. He joined Sinaiko after serving as an Associate Managing Director of Kroll, Inc., and as a Consulting Manager for Arthur Andersen LLP. Greg has performed a substantial number of valuations for compensation arrangements, acquisitions, divestitures, joint ventures, tax planning, corporate reorganizations and financial reporting.
	Jeff Sinaiko Sinaiko Health Consulting, Inc.
Jeff Sinaiko is President of Sinaiko Healthcare Consulting, Inc., in Los Angeles. He has extensive experience in advising on complex transactions, practice operations, compliance improvement projects and strategic issues, especially in the areas of hospital/physician and for-profit/not-for-profit relationships. Jeffs clients include hospitals, health systems, medical groups, ancillary service providers and other healthcare provider businesses. He also assists such clients with strategic business development projects.

	Keith Bishop Buchalter Nemer
Keith Bishop is a shareholder in the Irvine, California office of Buchalter Nemer, where he practices corporate and securities law. He has previously served as California's Commissioner of Corporations as well as General Counsel to the California Business, Transportation & Housing Agency. In 1991, Keith was named to the California Senate Commission on Corporate Governance, Shareholder Rights and Securities Transactions. He has previously served as Co-Chair of the Corporations Committee of the Business Law Section of the California State Bar and Chairman of the Business and Corporate Law Section of the Orange County Bar Association. He is also an adjunct Professor of Law at Chapman University Law School in Orange, California.
Image Not Available	Mark Kaz Kazmierowski Hewitt Associates
Mark Kaz Kazmierowski is an executive compensation consultant at Hewitt Associates in the Talent and Organization Consulting line of business based in Hewitts San Francisco office. He has over 10 years of consulting experience covering a wide range of executive, broad-based employee, and Board of Director compensation issues. Kaz consults with management and the Board of Directors on the development of total compensation strategy and the design of cash- and stock-based compensation programs at public and private companies in financial services, consumer products, technology, biotechnology and manufacturing industries. Recent engagements include compensation consulting at The Charles Schwab Corporation, The Clorox Company, Chordiant Software, Covad Communications, Del Monte Foods Company, Komag, Inc., JDS Uniphase, Levi Strauss & Company, LifeMasters, McData Corporation, McKesson, PACCAR, and Perlegen Sciences.
	Nancy Wojtas Cooley Godward LLP
Nancy Wojtas is a partner in the Business department of and chair of the Public Securities Group at Cooley Godward LLP. She began her career with the Securities and Exchange Commission, in the Division of Market Regulation, and later served as Counsel to the Chairman of the Commission. She is a former Co-chair of the Corporations Committee of the Business Section of the California State Bar, and currently serves as a member of the State Bars Opinions Committee. Nancy serves as counsel to public and private companies in connection with corporate governance, acquisitions, dispositions, mergers, private and public offerings, joint ventures, venture capital and bank financings, and going private transactions.

	Stuart Horowitz Huron Consulting Group
Stuart is a Managing Director at the Huron Consulting Group and has more than 20 years of experience establishing and managing research operations in the biomedical and clinical sciences. Prior to joining Huron, he was the Director of the Miami Children's Hospital Research Institute where he established and implemented a human research protection program and reorganized the IRB. He also developed and implemented policies and procedures for all clinical research activities, including cooperative groups, investigator-initiated research, and corporate-sponsored research. At Huron, Stuart works with clients on establishing and improving all aspects of clinical research operations and research compliance in a variety of areas, including: Human Research Protections Compliance with Federal Research Contracts Clinical Research Billing Time and Effort Reporting Laboratory Animal Welfare Stuart is a frequent speaker at national and regional industry conferences on a variety of topics related to clinical research operations and compliance, for executives of pharmaceutical and medical device companies and contract research organizations, as well as administrators of universities, hospitals and academic medical centers.
	Thomas Bechert Huron Consulting Group
Toms background includes clinical research management and operations experience within university, community hospital, and academic medical center settings. His project experience has been focused on Institutional Review Board (IRB) administration, accreditation of human research protection programs, regulatory compliance evaluation, and clinical research infrastructure development. Representative examples of Toms engagement experience include: Managing the AAHRPP (Association for the Accreditation of Human Research Protection Programs) accreditation processes at three childrens hospitals, including two of the nations largest. Supervising the day-to-day activities of clinical research coordinator staff within a pediatric research institute. Activities included protocol development and IRB submission, trial budgeting and billing, sponsor audit preparation and management, and coordinator training. Directing the clinical research operations of a community hospital system, including new study initiation activities, budgeting, contract development, Medicare coverage analysis, and clinical research charge capture. Assessing clinical research programs and IRB activities to identify opportunities for infrastructure and process improvement at six institutions, including an independent commercial IRB. These assessments included policy and procedure review as well as extensive client interviews aimed at assessing consistency between policy and practice. Developing comprehensive institutional policies as well as institutional and departmental standard operating procedures (SOPs) for human research protections, IRB review processes, and IRB administration at five institutions. Tom is a Certified IRB Professional (CIP) and also has his Certification in Healthcare Research Compliance (CHRC).

	Anna T. Pinedo Morrison Foerster
Anna T. Pinedo has concentrated her practice on securities and derivatives. She represents issuers, investment banks/financial intermediaries and investors in financing transactions, including public offerings and private placements of equity and debt securities, as well as structured notes and other structured products. Ms. Pinedo works closely with financial institutions to create and structure innovative financing techniques, including new securities distribution methodologies and financial products. Ms. Pinedo has particular financing expertise in working with companies in the areas of technology, telecommunications, life sciences and healthcare, REITs and consumer finance. She also has worked closely with foreign private issuers in their securities offerings in the United States and in the Euro markets. In the derivatives area, Ms. Pinedo counsels a number of major financial institutions acting as dealers and participants in the commodities and derivatives markets. She advises on structuring issues, as well as on regulatory issues and monetization and hedging techniques. Her work focuses on foreign exchanges, equity and credit derivatives products and structured derivatives transactions.
	James R.Tanenbaum Morrison Foerster
James R. Tanenbaum is a partner in Morrison & Foersters New York Office and serves as Chair of the firms Global Capital Markets practice. Mr. Tanenbaum has concentrated his practice on corporate finance and the structuring of complex domestic and international capital markets transactions. He represents issuers, including some of the nations largest financial institutions, underwriters, agents, and other financial intermediaries, in public and private offerings of securities as well as issuers, investment banks, and purchasers in hybrid, mortgage-related, and derivative securities transactions. He has developed some of the most widely used hybrid techniques for the placement and distribution of securities. Mr. Tanenbaum works closely with leading investment banks to formulate new methodologies for securities offerings and to structure innovative financial products. He has also represented many technology-based companies, including biotech and medical device companies. He is a frequent lecturer on capital markets topics, and has lectured at the Securities and Exchange Commission, SIFMA and at a variety of securities industry groups. Mr. Tanenbaum has been cited as a recommended lawyer for capital markets in the IFLR 1000 Guide to Leading Lawyers, as one of Americas leading lawyers for capital markets debt and equity by Chambers USA and as a recommended lawyer for capital markets and international securities transactions by The Legal 500 United States. He lectures at law schools in the United States and abroad. Born in New York, NY, Mr. Tanenbaum received his B.A. degree from Lehigh University in 1971, graduating summa cum laude. In 1972, he received his M.A. from Fletcher School of Law and Diplomacy of Tufts and Harvard Universities and received his J.D. in 1975 from the University of Pennsylvania where he was an Editor of the University of Pennsylvania Law Review. Mr. Tanenbaum is a member of the New York Bar. Mr. Tanenbaum is a member of the Board of Trustees of Lehigh University and the National Chair of the Benjamin Franklin Society of the University of Pennsylvania.

	Jay E. Gerzog Epstein Becker & Green PC
JAY E. GERZOG is a Member of the Firm in the Health Care and Life Sciences Practice in EBG's New York office. He has more than 14 years of experience in tax, corporate and regulatory matters, with a particular knowledge of tax-exempt and not-for-profit organizations. In his daily practice, Jay: * Advises clients on the federal tax implications of structuring affiliations among hospitals, physicians and managed care organizations, including integrated delivery systems, physician-hospital organizations, management services organizations and group medical practices * Assists health care entities with the federal and state tax and regulatory matters relating to conversions of not-for-profit organizations to for-profit status * Helps clients obtain and maintain tax-exempt qualification and public charity status, and comply with private inurement and private benefit proscriptions, intermediate sanction and private foundation excise tax provisions, lobbying limitations and state not-for-profit laws * Advises clients and representing them before the Internal Revenue Service and state regulators on issues regarding complex joint venture and affiliation arrangements, unrelated business income tax issues, grantmaking issues, foreign charitable activities and fundraising, compensation matters, issues relating to endowment funds and restricted gifts, and charitable and planned giving techniques * Counsels clients on taxation of complex transactions, including corporate restructuring and reorganizations, leveraged buyouts, capital market transactions, stock and asset acquisitions and divestitures, real estate investment trusts and partnership transactions. Jay has written many articles and lectures frequently on topics related to tax and corporate issues affecting tax-exempt and not-for-profit organizations.
	Philip M. Gassel Epstein Becker & Green PC
PHILIP M. GASSEL is a senior Member of the Firm in the Health Care and Life Sciences Practice in EBG's New York office. Mr. Gassel has more than 30 years of experience as a health lawyer and represents a broad range of proprietary and not-for-profit health care clients, including hospitals and health care systems, ambulatory care facilities, physician group practices, management services organizations, life-sciences companies, provider networks and post-acute/long term care providers. He also provides legal representation and advice to private equity and other financial services firms and their corporate counsel. His experience includes: * Joint ventures and affiliations, * Mergers and acquisitions, * Federal and state self-referral, fraud & abuse and regulatory compliance, * Medical group development and consolidation, * Not-for-profit and for-profit corporate legal affairs and governance, * Internal investigations and voluntary disclosure, * Federal and state fraud investigations, * Certificate of need and licensure, * Health care due diligence and * Facility development and tax-exempt financings. Phil was a founding member of the Firm's Health Care and Life Science Practice Steering Committee, which sets strategic direction for one of the largest health law practices in the United States. He also lectures and publishes articles on health law topics, most recently chapters on New York law for two forthcoming American Health Lawyers Association publications, one dealing with Long Term Care Certificate of Need and Licensure and the other dealing with State Fraud and Abuse Statutes and Regulations.

	B. Scott McBride Baker Hostetler
Scott McBride focuses his practice on the healthcare industry. He represents hospitals, academic medical centers, physician groups and other healthcare clients in federal and state regulatory matters with an emphasis on compliance and fraud and abuse laws. He represents clients in False Claims Act litigation and complex fraud investigations, as well as matters related to civil monetary penalties, Stark and anti-kickback laws, corporate oversight, and exclusion from participation in federal healthcare programs. He counsels clients in comprehensive compliance matters, including analyzing and advising clients on internal investigations, self-disclosures and repayment matters. He also counsels various healthcare entities in the implementation, operation, and review of corporate compliance plans. Scott advises clients on Medicare, Medicaid, and other government reimbursement, coverage and payment laws and regulations. He represents and counsels hospitals, academic medical centers, clinics, physician groups, and other clients regarding various issues, including matters involving: FDA compliance; clinical trials; grant compliance; investigational devices; overpayments; false claims; Stark law; anti-kickback; charity care; FQHC requirements; provider-based requirements; direct and indirect graduate medical education; teaching physician rules; conditions of participation; and other billing and payment issues. He represents physician groups, hospitals, and other clients in business transactions and financial arrangements, including joint ventures, residency programs, billing services, physician recruitment, professional services and other contracted services. He also represents clients in healthcare matters before state and federal agencies and through administrative appeals. He has represented clients in administrative appeals on issues related to disproportionate share payments, licensing, teaching physician billing, clinical laboratory rules and EMTALA. Scott has been named a "Texas Rising Star" since 2004 by Law & Politics and the publishers of Texas Monthly. He was named as an "Outstanding Fraud and Compliance Lawyer" in 2005 and as an "Outstanding Young Healthcare Lawyer" in 2004 by Nightingale's Healthcare News. He is a member of the American Health Lawyers Association, the Healthcare Financial Management Association, the Health Care Compliance Association, the State Bar of Texas, and the Houston Bar Association. He has served as a past Director and is the current President 2006-2007 for the Texas Gulf Coast Chapter of HFMA.
	Daniel W. Packard Packard, Packard & LaPray
Daniel W. Packard is a partner with the Beaumont, TX, law firm of Packard, Packard & LaPray. His practice covers Qui Tam issues as well as medical malpractice, nursing home negligence, serious injuries, and employment law. He is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

	David G. Heiman Jones Day
Dave Heiman is a partner in Cleveland office and concentrates his practice in the representation of debtors, financial institutions, creditors, and other parties in restructuring matters, chapter 11 cases and distressed M&A, and in commercial litigation and general commercial law. Dave has played a key role in many of the country's largest chapter 11 and business restructuring matters such as those for Allied Stores Corporation and Federated Department Stores in their own chapter 11 cases, as well as in the R.H. Macy case; Pillowtex Corp.; Imperial Home Decor Group, Inc.; Phar-Mor, Inc.; Paragon Trade Brands, Inc.; Kendavis Industries; Carmike Cinemas; Allegheny Health, Education and Research Foundation; Olympia & York; USG Corporation; Child World, Inc./Cole National Corporation; Cardinal Industries; and White Motor Corp. In addition, he has represented numerous financial institutions in reorganization matters, commercial transactions, and litigation. The matters in which he currently is engaged include the representation of the respective debtors in USG Corp., LTV Corp., Oglebay Norton Corp., and Burlington Industries, as well as financial institutions and other parties in the chapter 11 cases of Horizon PCS and Horizon Natural Resources, and numerous debtors and creditors in out-of-court restructuring matters.
	Gregory M. Gordon Jones Day
Greg Gordon is a partner in the Dallas Office business restructuring and reorganization practice. His practice is concentrated in the areas of bankruptcy, out-of-court restructurings, and commercial litigation and involves the representation of debtors and creditors, including creditors' committees. Greg has led or played other key roles in Jones Day's representation of companies in a number of large chapter 11 cases and business restructurings, including Kaiser Aluminum Corporation, The Loewen Group, Pillowtex Corporation, Doskocil Manufacturing, Baldwin Builders and Baldwin Building Contractors, Fairfield Communities, Allied Stores Corporation and Federated Department Stores, Kendavis Holding Company, and Oxford Development Corporation. Greg has substantial experience in bankruptcy-related litigation, including appellate matters, and most recently he has been representing Southern Company in its defense of a $2 billion avoidance action brought by a litigation trust established under the Mirant Corporation confirmed plan of reorganization. Other recent cases include precedent-setting litigation against the PBGC regarding termination of multiple pension plans, successful defense against efforts by a bankruptcy trustee to impose environmental liability on lenders who foreclosed on assets formerly owned by the estate, and the successful defense of an involuntary bankruptcy petition filed against Allied Riser Communications Corporation. Greg has been involved in numerous sales, via auction or otherwise, of single and multiple assets and businesses of chapter 11 debtors, both on behalf of the debtor/seller and the third-party acquirer.

	Chairman: Norton L. Travis Garfunkel, Wild & Travis, P.C.
Norton L. Travis is a founding member of the healthcare law firm, Garfunkel, Wild & Travis, P.C. Since 1980, his practice has been devoted solely to representing health care clients, and has focused primarily on transactional matters, including mergers and acquisitions, joint ventures, and related corporate matters. As Chair of the firms Business Practice Group, Mr. Travis represents both regional and national companies active in diagnostic testing, managed care and other areas. He has also assisted many hospitals in joint ventures with outside businesses to maximize third-party revenue opportunities, while ensuring compliance with state and federal regulatory and tax exemption requirements. His role includes providing assistance on day-to-day operations and business strategies that support his clients growth and development. Mr. Travis also provides counsel on regulatory compliance (e.g., state and federal fraud and abuse, anti-kickback and self-referral laws), antitrust, and third-party reimbursement, as well as other key issues affecting health care businesses. Mr. Travis is listed in the 2006 and 2007 edition of The Best Lawyers in America under the specialty of Health Care Law as well as being recognized by the Chambers USA Guide.
	Donald H. Romano Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.
	Hayden S. Wool Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
	Lisa Ohrin Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues. Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
	Steven J. Chananie Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firms Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

	Charles B. Oppenheim Foley & Lardner, LLP
Charles B. Oppenheim is a partner with Foley & Lardner LLP. A nationally recognized expert on Stark law issues and a member of the firm's Health Care Industry Team, he focuses his practice on all aspects of transactional, operational and regulatory health care law. For many of the largest health care companies in the U.S., Charles provides counseling on the anti-kickback and Stark laws, creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of health care providers. He is the author of "Stark Final Regulations: A Comprehensive Analysis of Key Issues and Practical Guide, Third Edition", published by the American Health Lawyers Association.
	Janice A. (Jan) Anderson Foley & Lardner, LLP
Janice A. (Jan) Anderson is a partner in Foley & Lardners Health Care Industry Team. Her practice focuses on corporate health care and transactional law, including policy development for hospitals and contracting issues with physicians and other health care providers. Prior to joining Foley, Jan was the general counsel, vice president and corporate compliance officer for Borgess Health Alliance, Inc. and Borgess Medical Center.
Image Not Available	Pat Dyson Burgess Health Alliance, Inc.
Pat Dyson is Executive Vice President of Corporate Services at Borgess Health Alliance, Inc. He has practical experience with physician quality and productivity incentives within his award-winning healthcare network. Borgess Health includes more than 120 sites of care in 15 Michigan cities, as well as eight owned or affiliated hospitals. These Borgess Health members form a health care network that offers medical services to the 1.1 million people living in southwest and south-central Michigan. With the merger of the Sisters of St. Joseph and the Daughters of Charity in 1999, Borgess Health became a member of Ascension Health, the largest nonprofit health care system in the U.S. For the sixth straight year, Borgess Health has been named to the list of Top 100 U.S. Integrated Healthcare Networks (IHN 100).

Image Not Available	Craig E. Holm Health Strategies & Solutions
Craig E. Holm, CHE, CHC, is the Senior Vice President of Health Strategies & Solutions, where he directs the companys physician-hospital integration and physician practice consulting services. He has over 25 years of healthcare administration and consulting experience and is considered an expert in physician-hospital relationships and joint ventures. He writes a column on physician-health system relationships for the Journal of Healthcare Management and is a regular contributor to HFMAs Managing the Margin.
Image Not Available	Philip J. Camp Shattuck Hammond Partners
Philip J. Camp is a Principal of Shattuck Hammond Partners LLC, an independent investment banking and financial advisory firm focused on healthcare services. With $10 billion in completed M&A transactions and $14 billion in healthcare financing transactions, Shattuck Hammond is recognized as one of the top financial advisory and investment banking firms in healthcare.
Image Not Available	Thomas A. Czerniak Lillibridge
Thomas A. Czerniak is the Senior Vice President for Acquistions at Lillibridge, a Chicago-based healthcare real estate firm that provides real estate services and capital exclusively to hospitals and healthcare systems. Its national scope encompasses more than 250 hospitals and healthcare systems across 40+ states including 6,000 physicians and hospital tenants and 10 million square feet of medical property across the country. The firm is probably best known for its private healthcare real estate investment trusts (REITs).
Image Not Available	Victoria Poindexter Shattuck Hammond Partners
Victoria Poindexter is a Principal of Shattuck Hammond Partners LLC, an independent investment banking and financial advisory firm focused on healthcare services. In addition, Shattuck Hammond is a leading healthcare real estate advisor with over $6.5 billion in completed healthcare real estate transactions. Clients include Baptist Health System, Cedars-Sinai Health System, Covenant Health System, Dictaphone, Geisinger Health System, John Hopkins Medicine, Mayo Foundation, and dozens of others.

	Bryan Gadol Dorsey & Whitney LLP
Bryan S. Gadol is a partner in Dorseys Corporate group. Mr. Gadol has extensive experience in mergers and acquisitions, joint ventures, public and private securities offerings, private equity and venture capital transactions, SEC reporting and corporate governance. Mr. Gadol also provides general corporate advice to emerging growth and middle market companies and investors operating or investing in a wide variety of industries through all stages of the business and investment lifecycle. Admissions * California * U.S. District Court for the Central District of California Education * Chapman University School of Law J.D., 1998, cum laude Tax Emphasis Program; Law Review Member * University of California, Santa Barbara B.A., Law and Society, 1994 Beta Theta Pi Fraternity, Vice-President Civic and Community Activities * Member, Deans Council and Tax Law Institute Board of Governors, Chapman University School of Law * Member, Board of Directors, Canyon Acres Children and Family Services * Member, Tax and Law Institute Board of Governors, Chapman University School of Law Presentations * "Exits and Recapitalizations," Los Angeles Venture Association (LAVA) Investment Capital Conference, Los Angeles, CA, May 2008 * "Overview of Corporate and Securities Laws," Chapman University School of Law, Orange, CA, April 2007 * "Everything You Always Wanted to Know About Selling Your Business," B.Riley Co., Merrill Lynch, Singer Lewak Greenbaum & Goldstein and Greenberg Traurig, Riverside, CA, October 2006 * "How and When Do I Sell My Business?" Citigroup/Smith Barney, Beverly Hills, CA, June 2006 * "Overview of the M&A Market - How to Value Your Company," Deutsche Bank, Costa Mesa, CA, May 2006 Attorney Articles * "Key Considerations in Distressed M&A Transactions," VC Experts, Inc., March 2009 * "Key Considerations in Distressed M&A Transactions," Corporations Committee E-Bulletin (Business Law Section of the State Bar of California), March 2009 * "Key Considerations in Distressed M&A Transactions," Association for Corporate Growth (ACG), February 2009 * "Key Considerations in Distressed M&A Transactions," Orange County Business Journal, January 19, 2009 * "Updates to Form D," co-author, E-Bulletin Legislative Alert from the California State Bar Business Law Sections Corporations Committee, July 24, 2008 * "Traps for the Unwary Seller," Orange County Business Journal, August 27, 2007
	Michael Foreman Dorsey & Whitney LLP
Michael Foreman is a partner in the Financial Restructuring and Bankruptcy practice at Dorsey & Whitney LLP. He represents secured and unsecured lenders and creditors, acquirers of and investors in distressed assets, and reorganizing and financially distressed companies, in many of the nation's largest and most complex restructurings under Chapter 11 of the federal bankruptcy code. Michael also represents lenders, other creditors, investors and companies in out-of-court and cross-border restructurings, and regularly advises clients in mergers and acquisitions, corporate finance transactions, and internal investigations on corporate governance, accounting and insolvency-related matters. In addition, he provides bankruptcy counseling in the areas of structured financing and securitization. Admissions * New York U.S. District Court for the Southern and Eastern Districts of New York Education Hofstra University Law School J.D., 1985 * Cornell University New York State School of Industrial and Labor Relations B.S., 1982 Presentations * Sponsored by Dorsey & Whitney, New York City Symposium for Corporate Leaders, Breakout Session panelist, "When the Going Gets Tough, the Tough Start Suing: Director and Officer Liability in a Challenging Economy and Practical Advice on What to Do About It," May 7, 2009 Sponsored by the Legal Publishing Group of Strafford Publications - CLE TeleConference - "D&O Duties When a Company Faces Insolvency Teleconference: Strategies for Avoiding and Defending Direct and Derivative Lawsuits," October 15, 2008, January 28, 2009, April 28, 2009 * Sponsored by Association of Corporate Counsel-Greater New York, Dorsey & Whitney LLP joint CLE seminar: Bankruptcy and Restructuring for the In-House Lawyer: "A Discussion of Common Topics When The Other Side of a Transaction or a Competitor Files for Bankruptcy," October 16, 2008 * Sponsored by Sponsored by the Legal Publishing Group of Strafford Publications - CLE TeleConference - "Distressed M&A: Buying and Selling Businesses Facing Financial Trouble," October 29, 2008 * Sponsored by the New York State Bar Association: "2008 Practical Skills Program on Basic of Bankruptcy Practice," October 30, 2008 * Speaker, The Secured Debt Conference, Panel on Distressed Debt and DIP Financing, March 2006 * Speaker, 7th Annual New York City Bankruptcy Conference, Panel on Property of the Estate and Substantive Consolidation, May 2005 Attorney Articles * "Buying a Troubled Business: Bankruptcy and Other Options," Private Equity Focus, June 26, 2008 * "In the Zone: New Insolvency Rules," (co-author) The Corporate Board, May/June 2008 * "Corporate Restructuring: Valuation Litigation is Key Process," (co-author) National Law Journal, March 5, 2007 * "Radnor Holdings: Delaware Bankruptcy Court Upholds Lenders' Actions," (co-author) Metropolitan Corporate Counsel, January 2007 * "Bankruptcy and Corporate Reorganization: Proposed Chapter 15," (co-author) New York Law Journal, August 26, 2002 Other Articles * Appearance: "GM Inches Closer to Bankruptcy," Reuters' Breaking News video, May 29, 2009 * Quoted in "GMs Main Street Bondholders Would Be Losers, Lawyer Says," Bloomberg. May 28, 2009 * Quoted in "Speedy Chrysler Ch. 11 A Pipe Dream: Experts," Law360. May 1, 2009 * Quoted in "Dried-Up DIP Financing to Intensify Ch. 11 Sell-Offs," Law360. October 20, 2008.
	Wendy R. Kottmeier Dorsey & Whitney LLP
Wendy R. Kottmeier is an attorney in Dorseys Corporate group. She represents clients in general corporate and securities matters, including mergers and acquisitions, public and private offerings of securities, private equity and venture capital transactions, securities law compliance and reporting and corporate governance. She also has experience in technology licensing transactions, including software, trademark and patent licensing, distribution and joint venture transactions and research and development transactions. Ms. Kottmeier has drafted and negotiated a variety of technology-related professional service agreements, manufacturing and supply agreements, and other commercial contracts. Admissions * California Education * U.C. Hastings College of the Law J.D., 2001, magna cum laude, Order of the Coif * University of Redlands, B.A., 1996, Phi Beta Kappa, Proudian Interdisciplinary Honors Attorney Articles * "Key Considerations in Distressed M&A Transactions," VC Experts, Inc., March 2009 * "Key Considerations in Distressed M&A Transactions," Association for Corporate Growth (ACG), February 2009 * "Key Considerations in Distressed M&A Transactions," Orange County Business Journal, January 19, 2009

Image Not Available	Jonathan Sablone Nixon Peabody LLP
Jonathan Sablone is a litigation partner at Nixon Peabody, splitting his time between the firms Boston and New York offices. Mr. Sablone is a cum laude graduate of Harvard College and Boston College Law School. Mr. Sablone chairs both the firms Alternative Investment Litigation Team and its E-Discovery Committee. He represents large companies in complex commercial litigation matters, as well as hedge funds and institutional investors in alternative investment vehicles. Mr. Sablone is a Martindale Hubbell AV rated trial attorney and has been named a Rising Star three years running by Boston magazine as part of its annual Super Lawyer survey of Massachusetts attorneys. Recently, Mr. Sablone was named to the Boston Business Journal's prestigious "40 Under 40" list for 2008, recognizing business men and women who are under 40 years old and have established themselves as leaders to be watched in their fields. Mr. Sablone is the cochair of Nixon Peabodys Alternative Investment Litigation Team, a cross-disciplinary group of attorneys from across the firms national markets and practice groups. Mr. Sablone represents limited partnerships, investors, and partners in transactional and litigation matters related to limited partnership investment vehicles, including hedge funds. He has extensive knowledge regarding the legal and business purposes of these partnerships, as well as limited partnership acts, receivership law, fiduciary duties, trading fraud, and accounting issues. Mr. Sablone also chairs Nixon Peabodys e-discovery committee and sits on the advisory board of LexisNexis Applied Discovery, one of the leading e-discovery firms in the United States. Through Mr. Sablones efforts, the firm has developed an integrated approach that standardizes the electronic discovery process across all of the firms offices and litigation practice groups. Mr. Sablone works closely with clients in-house counsel and information technology professionals, providing guidance in litigation preparedness, evidence preservation, and electronic data collection, review, and production. His grasp of relevant regulations, successful practices, and proven strategies turns e-discovery from a costly burden to a competitive strength for clients. As part of a commitment to give back to the community, Mr. Sablone has dedicated substantial time to pro bono matters, including the representation of a home for brain damaged individuals in a tax dispute against a municipality. Mr. Sablone also volunteers his time as a faculty member at Massachusetts Continuing Legal Education, where he teaches courses related to discovery and deposition practice. Mr. Sablone is also a past board member and secretary of the Starlight Starbright Childrens Foundation of New England, a nonprofit organization that seeks to improve the lives of seriously and terminally ill children. Mr. Sablone also serves as a volunteer alumnus interviewer for the Harvard and Radcliffe college admissions committees. Admissions Mr. Sablone is admitted to practice law in all of the state courts of the Commonwealth of Massachusetts and New York State, as well as a number of federal district and appellate courts, including the United States Supreme Court. Education Boston College Law School, J.D. Harvard College, A.B., cum laude
Image Not Available	Timothy W. Mungovan Nixon Peabody LLP
Tim is a litigation partner in the firms Financial Services Litigation Practice Group. Tim is the founder and co-leader of the firms Alternative Investment Litigation Team. His practice is focused on hedge fund litigation and other disputes involving investment partnerships, securities, finance and technology-related issues. He is also experienced in fiduciary litigation and has represented both fiduciaries and beneficiaries. Beyond alternative investments, Tim has extensive experience in business litigation and technology-related litigation matters. Tim serves as litigation counsel to, among others, a world-wide diversified manufacturer of industrial products, one of the leading developers and licensors of DSL technology and biometric security solutions and the inventor of laser vision correction surgery. Tim has also represented Europes largest biotechnology company on a variety of matters, including disputes under the Lanham Act and consumer class actions. In addition to his trial work, Tim has handled and argued several cases at the appellate court level before the United States Court of Appeals for the First Circuit, the Supreme Judicial Court, and the Massachusetts Appeals Court. In law school, Tim was an editor of the Suffolk University Law Review, a member of the National Moot Court Team that participated in the National Moot Court Competition in New York City, and the winner of the Walter H. McLaughlin Competition for Oral Advocacy. At Holy Cross, he was a member of the Deans List, a recipient of both a Holy Cross academic scholarship and a GTE academic scholarship, and a three-year starter and captain of the mens soccer team. Following law school, Tim served as a law clerk to the Honorable Joseph R. Nolan at the Supreme Judicial Court of Massachusetts. Tim has been named a Massachusetts Super Lawyer by Boston Magazine every year that the magazine has awarded the distinction. He has also been recognized as a New England Super Lawyer in Business Litigation by Boston Magazine. Admissions Tim is admitted to practice in the Commonwealth of Massachusetts, the U.S. Court of Appeals for the First Circuit and the Fourth Circuit, and the United States District Courts for the Districts of Massachusetts, Maryland, and Arizona. He is a member of the Massachusetts, Boston, Federal, and American bar associations. Education Suffolk University Law School, J.D., cum laude College of the Holy Cross, B.A.

	Daniel K. Settelmayer Latham & Watkins
Daniel K. Settelmayer is a partner in the Los Angeles office of Latham & Watkins and is a co-chair of the firm's global health care practice group. His practice focuses on transactional and regulatory matters for healthcare industry clients. He has experience as lead counsel in a broad range of health care transactions, including formation of managed care and other provider organizations, joint ventures; mergers, acquisitions and affiliations involving health facilities, medical groups, HMOs, and ancillary service providers. Dans tax experience focuses on representing exempt organizations in both organizational and compliance matters. In addition, he is the principal architect of ComplianceNet, the firm's internet-based compliance program for healthcare systems, which automates the development of comprehensive transaction databases and facilitates transaction review, audit and diligence support. Dans recent representations include Adventist Health, HCA, WellCare, CareMore Medical Enterprises, University Hospitals (Cleveland); The Permanente Medical Group, Longs Drugs Stores, and Tenet Healthcare.
	Paul R. DeMuro Latham & Watkins
Paul R. DeMuro is a partner in the Los Angeles and San Francisco offices of Latham & Watkins. He practices extensively in the areas of corporate transactions, joint ventures, mergers and acquisitions (M&A), corporate organization, governance, finance and regulatory compliance. He also practices in the areas of Medicare reimbursement, fraud and abuse, compliance and managed care. Paul primarily represents hospitals, health systems, physicians, physician groups, physician practice companies, integrated health systems, managed care organizations, e-health care and health care technology companies, ancillary providers, and investment banks in health care transactions. He has written over 50 publications on M&A, Medicare reimbursement, fraud and abuse, physician practice, integrated delivery systems, capital finance and managed care related topics.

	Alexander M. Laughlin Wiley Rein LLP
Alexander M. Laughlin is a partner at Wiley Rein LLP, where he represents clients in all aspects of commercial litigation and distressed asset sales in bankruptcy, complex financial restructure planning, creditors rights litigation, loan restructuring, and workout agreements. He often represents clients in the sale and purchase of assets from bankruptcy estates. Alex also represents the Commonwealth of Virginia concerning bankruptcy issues, especially those involving sovereign immunity disputes.
	H. Jason Gold Wiley Rein LLP
H. Jason Gold, partner at Wiley Rein LLP, has more than 25 years of experience counseling clients on restructuring and insolvency matters. He leads a group of bankruptcy lawyers called upon by all types of clients in Chapter 11 cases and other insolvency-related restructurings or liquidations. He has also served as a bankruptcy trustee for more than 19 years and has liquidated or participated in the restructuring of dozens of businesses. Jason has been named a "Top Bankruptcy Lawyer" by Washingtonian Magazine and recognized as one of "The Best Lawyers in America" for bankruptcy and creditor-debtor rights law.

	David E. Beker Schwartz Cooper
David E. Beker is an attorney at Schwartz Cooper and a member of the firm's Banking and Bankruptcy Department, where he represents debtors, creditors' committees, individual creditors, and trustees in bankruptcy matters and out-of-court workouts nationwide. His experience representing debtors ranges from large public corporations to local businesses. On the creditor side, David has represented a wide range of secured and unsecured creditors, including financial institutions, trustees, hedge funds, landlords, critical vendors, general contractors, and subcontractors. In his representation of financial institutions in bankruptcy matters, he routinely provides advice on issues related to workouts and loan restructurings, DIP financings and use of collateral by business debtors, and disposition of collateral pursuant to either Article 9 of the Uniform Commercial Code or Section 363 of the Bankruptcy Code.
	Richard M. Bendix, Jr. Schwartz Cooper
Richard M. Bendix, Jr., heads up Schwartz Cooper's Bankruptcy, Insolvency & Creditors' Rights practice. He uses his understanding of bankruptcy laws to devise creative solutions to his clients' complex legal and financial problems. Among his major cases was the successful reorganization of 203 N. LaSalle Street Limited Partnership--one of the largest single real estate cases ever filed--where he had the opportunity to argue before the U.S. Supreme Court. Richard also played a significant role in the reorganization of UNR Industries, Inc., the first company to file Chapter 11 in a respect to mass tort (asbestos) litigation.

	S. Douglas Hopkins Kestrel Consulting, LLC
S. Douglas Hopkins has more than 25 years of experience working with troubled businesses. At Kestrel Consulting, he and his father Steve provide turnaround and interim management services to a broad and diverse selection of middle market companies. In connection with their various projects, Doug and Steve have completed more than 50 sales transactions involving troubled companies. Doug and Steve also are the authors of a new 302-page book, *Crafting Solutions for Troubled Businesses: A Disciplined Approach to Diagnosing and Confronting Management Challenges*. This critically acclaimed book is published by Beard Books and is available at www.beardbooks.com for $74.95 plus shipping and handling.
	Stephen J. Hopkins Kestrel Consulting, LLC
Stephen J. Hopkins has more than 25 years of experience working with troubled businesses. He began his career with 18 years in financial management positions at General Electric before turning his attention exclusively to assisting financially stressed organizations. Collectively, he and his son Doug have managed or had a major involvement in more than 150 projects, including such major bankruptcy cases as Evans Products, Fairfield Communities, Cuisinart, and Doskocil. Interim CEO assignments have included companies as diverse as Worlds of Wonder (toys), Evans Financial (mortgage portfolio), Cerplex (electronic equipment), MAI-Europe (computer systems), Pinnacle Brands (sports trading cards), View Tech (videoconferencing), Yorx (audio electronics), and Combined States Holding (international shipping).

	Hugh M. Ray Andrews Kurth LLP
Hugh M. Ray is a partner with Andrews Kurth LLP, where he heads the firms national bankruptcy practice. He represents trustees, debtors, secured and unsecured creditors, lenders and bondholders in many of the foremost Chapter 11 proceedings in the nation. He has testified several times before Congress concerning proposed amendments to the Bankruptcy Code and is a previous chair of the ABA Business Law Sections Business Bankruptcy Committee. Hugh was named the #1 bankruptcy attorney in Texas by the Texas Lawyer Go to Guide in 2002, and is the author of the book Bankruptcy Investing, published by the Beard Group.
	Jeffrey E. Spiers Andrews Kurth LLP
Jeffrey E. Spiers is a partner with Andrews Kurth, where his experience includes workouts and commercial bankruptcy proceedings for a wide variety of lending and borrowing clients. Major cases in which he has actively participated include the Hunt brothers trust estate and individual bankruptcy cases, Continental Airlines, Zale Corporation, and Columbia Transmission Corp. More recently, Jeff has served as committee counsel in the bankruptcy cases of Philip Services Corp. and as special counsel to the debtors in the Enron bankruptcy cases. He was selected as one of the Outstanding Young Bankruptcy Lawyers 2001 by the Turnarounds and Workouts newsletter and has been selected by his peers as a Texas Super Lawyer in Texas.

	Afsheen Shah Garfunkel, Wild & Travis, P.C.
Afsheen Shah is an associate at Garfunkel, Wild & Travis, P.C., which she joined in 2003. She is a member of the firms Corporate Reorganization and Bankruptcy Practice Group, which advises clients on bankruptcy related issues. Ms. Shahs practice is focused in the areas of creditor rights, workouts, business acquisitions and restructurings. She has represented various businesses, hospitals, landlords and creditors committees. Prior to joining the firm, Ms. Shah was an associate at Certilman Balin Adler & Hyman, LLP, where she participated in various bankruptcy and foreclosure related matters, including the representation of banks, landlords and Chapter 7 Trustees.
	Burton S. Weston Garfunkel, Wild & Travis
Burton S. Weston is a partner at Garfunkel, Wild & Travis, P.C., which he joined in 2002 after administering his own firm for 15 years. Mr. Weston is Chair of the firms Corporate Reorganization and Bankruptcy Practice Group, representing debtors, creditors and creditor constituencies in all aspects of the Chapter 11 process. He is also a member of the firms Business Practice Group, which advises clients on a broad array of corporate and transactional matters. Mr. Westons practice includes the preparation and prosecution of Chapter 11 cases for corporate debtors, the representation of creditors committees, creditor constituencies and individual creditors in reorganization cases, the acquisition and disposition of assets and business in the Chapter 11 context, the development of competing plans of reorganization for potential acquirors of distressed entities, the advise of parties in connection with the claims trading process, debtor-in-possession financing, the defense of preference and fraudulent conveyance actions, and the representation of landlords to Chapter 11 debtors. Mr. Weston has co-authored a bankruptcy text for inside counsel and other practitioners entitled Bankruptcy Strategies for Corporate Creditors," and lectures frequently on creditors rights and asset protection issues to professional groups and attorneys. Mr. Weston's past experience reflects a blend of public and private service. Mr. Weston served as an Assistant United States Attorney for the Eastern District of New York and he is a member of the Board of Directors of Transition Services of Long Island, a Suffolk County based not-for-profit agency.

	Richard S. Kanowitz Cooley Godward Kronish LLP
Richard S. Kanowitz is a partner in the Firm's Bankruptcy & Restructuring practice. Mr. Kanowitz joined Kronish Lieb Weiner & Hellman in 2000, which was merged into Cooley Godward Kronish LLP in 2006. Mr. Kanowitz is resident in the New York office. Mr. Kanowitzs practice focuses on corporate reorganization and bankruptcy litigation and has represented corporate debtors in a multitude of businesses including telecommunication services, manufacturing and retail. He also represents official committees of unsecured creditors, secured and unsecured creditors and landlords in national Chapter 11 cases. Recent representations include: The official committee of tort claimants in the Chapter 11 cases of Saint Vincent Catholic Medical Centers of New York, pending in the Southern District of New York. The official committee of unsecured creditors in the Chapter 11 cases of specialty footwear retailer Footstar, Inc., in the Southern District of New York. The creditors' committee was instrumental in securing a 100% distribution plus 4.25% interest per annum for general unsecured creditors under the terms of the confirmed plan of reorganization. Metromedia Fiber Network, Inc. and its 14 affiliated debtors in their successful Chapter 11 case in the Southern District of New York. Optel, Inc. and its 23 affiliates in their Chapter 11 case in the District of Delaware. Old UGC, Inc. in its Chapter 11 case in the Southern District of New York. The representation of the Enron Employee-Related Issues Committee in pursuing the recovery of over $53 million in accelerated deferred compensation payments made to top hat Enron employees within the 90 days of Enrons bankruptcy filing. Mr. Kanowitz was named by Turnarounds & Workouts as one of the Outstanding Young Bankruptcy Lawyers in 2004. Mr. Kanowitz earned a J.D. from Hofstra University School of Law in 1992, where he served as a member of the Hofstra Law Review. He received his B.A. with Distinction and Class Honors from the University of Michigan in 1989. Mr. Kanowitz is admitted to practice before the New York State Bar and New Jersey State Bar. He is a member of the bars of the U.S. Court of Appeals for the Second and Third Circuits, the U.S District Courts in the Southern, Eastern and Northern Districts of New York and the District of New Jersey.
	Robert L. Eisenbach Cooley Godward Kronish LLP
Robert L. Eisenbach III is a partner in the Cooley Godward Kronish Bankruptcy & Restructuring practice group. He joined the Firm in 1986 and is partner in charge of the San Francisco office. Listed in The Best Lawyers in America for Bankruptcy and Creditor-Debtor Rights Law, and recognized as one of Northern Californias Super Lawyers, Mr. Eisenbach focuses his practice on bankruptcy and restructuring matters. He frequently represents unsecured creditors committees in Chapter 11 cases in a range of industries, including semiconductor and storage technology, biotechnology, healthcare and retail. In addition, Mr. Eisenbach regularly guides companies and their boards of directors through Chapter 11 and out-of-court restructurings. He is often asked by purchasers to help them navigate the unique issues involved when buying assets from financially troubled or bankrupt companies. He has represented clients in a wide variety of bankruptcy-related litigation, director and officer liability litigation, complex commercial litigation and intellectual property cases. Mr. Eisenbachs recent representations include: Old UGC, Inc., The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Deltagen, Inc., a public biotech company, in the Northern District of California; Major landlords in the Chapter 11 reorganizations of Redback Networks, Inc., and Cable & Wireless USA, Inc., in the District of Delaware; The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of San Jose Medical Clinic, Inc., in the Northern District of California; The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Music Semiconductors, Inc., in the Northern District of California; and other clients as creditors in bankruptcy cases throughout the United States, including Enron, WorldCom, Teleglobe, Ultimate Electronics, and others. Mr. Eisenbach publishes In The (Red): The Business Bankruptcy Blog, as a way for CEOs, CFOs, boards of directors, credit professionals, in-house counsel and others to stay informed about important business bankruptcy issues and developments. He has served as Vice-Chair of the Subcommittee on Technology-Oriented Bankruptcies of the Business Bankruptcy Committee of the American Bar Associations Business Law Section .

	Carrie Valiant Epstein, Becker & Green, PC
Carrie Valiant is a Member of the Firm in the Health Care and Life Sciences Practice of Epstein, Becker & Green, where she co-chairs the firm's healthcare fraud group. Also based in Washington, D.C., Carrie has 25 years of experience specializing in healthcare fraud and abuse and government healthcare program payment matters, including the design and implementation of corporate compliance programs, preparation of OIG advisory opinion requests, and conduct of internal investigations and voluntary self-disclosures. She is the author of the book, "Legal Issues in Health Care Fraud and Abuse: Navigating the Uncertainties," and has been featured in Nightingale's Healthcare News as one of 2004's Outstanding Fraud and Compliance Lawyers. The National Law Journal also selected Carrie as one of "40 Health Care Lawyers Who Have Made Their Mark" in the area of white collar crime.
	Marci Handler Epstein, Becker & Green, PC
Marci Handler is a Member of the Firm in the Health Care and Life Sciences Practice of Epstein, Becker & Green, P.C. Based in Washington, D.C, her practice focuses on health regulatory compliance counseling for academic medical centers, health care systems, managed care organizations and pharmaceutical and life science industry companies. Marcis areas of focus include federal and state fraud and abuse laws, Medicare/Medicaid compliance, Stark Law, Anti-Kickback Statute, Medicare Advantage and Medicare Part D. She was listed among the Outstanding Hospital Lawyers in 2005 by Nightingales' Healthcare News.

	Jeff Ellman Jones Day
Jeff Ellman, partner, oversees the business restructuring and reorganization practice in Jones Day's Atlanta Office of Jones Day. Jeff's practice focuses primarily on corporate bankruptcy, restructuring, bankruptcy litigation, and other insolvency-related matters. Jeff has played an active role in the Firm's representation of debtors, secured lenders, asset purchasers, creditors' committees, and other parties in interest in large corporate restructurings, including representations of debtors in the chapter 11 cases of Dana Corporation, NexPak Corporation, World Kitchen, LTV Steel Company, Purina Mills, Montgomery Ward & Co., Fruehauf Trailer Corporation, The Elder-Beerman Stores Corp., Baldwin Builders, and Rax Restaurants. Other matters include representation of: Federated Department Stores as the purchaser of R.H. Macy & Co. in its chapter 11 case; International Steel Group as the purchaser of substantially all of the assets of Weirton Steel and Georgetown Steel in their chapter 11 cases; Wachovia Bank, N.A. as agent for the secured lender group in the Horizon PCS chapter 11 cases; International Paper Company as the largest unsecured creditor and a major contract party in the chapter 11 case of Androscoggin Energy; USX Corporation as the largest unsecured creditor in the Republic Technologies International cases. Jeff also has provided insolvency-related advice to Firm clients in litigation and transactional contexts and has participated in out-of-court restructurings on behalf of a variety of parties. In addition, he counsels clients on fraudulent conveyance, illegal dividend, preferential transfer, fiduciary duty, and corporate formalities issues and has represented entities in the related structuring and consummation of spin-offs, recapitalizations, and other corporate transactions.
	Ryan Routh Jones Day
Ryan Routh, Associate, joined Jones Day in early 1999 and has worked exclusively in the Firm's Business Restructuring and Reorganization practice, focusing on corporate bankruptcy, restructuring, and other insolvency-related matters. Ryan's practice primarily focuses on the representation of debtors in large chapter 11 cases. He has significant experience in chapter 11 debtor representations and has developed particular know-how in claims matters and related litigation. Ryan has most recently been involved as debtor's counsel in the chapter 11 cases of Dana Corporation, NexPak Corporation, LTV Steel Company, and Alderwoods Group (f/k/a Loewen Group International). In addition, Ryan has experience in the representation of bank groups, unsecured creditors, contract parties, purchasers of assets, and defendants in avoidance actions in some of the nation's largest bankruptcy cases, including those of United Airlines, US Airways, 360networks, and Metricom. In connection with such nondebtor representations, Ryan has represented CIT Group/Business Credit, National City Bank and its affiliates, and Marconi Communications. He also has experience representing clients in out-of-court restructurings and liquidations and in involuntary bankruptcy cases. These representations have made Ryan familiar with virtually all aspects of modern bankruptcy practice. Ryan was selected as an "Ohio Rising Star" by Law & Politics in 2006 and is a member of the Ohio State Bar Association and the Cleveland Bar Association.

	James M. Sullivan McDermott Will & Emery
Your instructor, James M. Sullivan, is a partner in the New York office of McDermott Will & Emery and a member of the firm's Corporate Department. He concentrates his practice in corporate reorganizations, finance, banking and commercial law. He has extensive experience representing corporations and financial institutions with the restructuring of asset and non-asset based loans.

Image Not Available	David Ying Evercore Partners
David Ying is a Senior Managing Director of the firm's corporate advisory business and is co-head of the firms restructuring practice. He was for two years a Managing Director of Miller Buckfire Ying & Co., LLC, a boutique restructuring advisory firm, where he was the lead financial advisor/investment banker in the Mirant bankruptcy proceedings. Before that he spent six years as a Senior Managing Director of JLL Partners, a private equity investment firm that invests in turnaround situations. Prior to that, he led restructuring groups at Donaldson Lufkin & Jenrette, Smith Barney and Drexel Burnham Lambert. Restructurings with which Mr. Ying was associated include Aurora Foods, Interstate Bakeries Corporation, Oakwood Homes, Pegasus Satellite Communications, Morrison Knudsen, Grand Union and Advantica.
	Hugh M. Ray Andrews Kurth LLP
Hugh M. Ray is a partner with Andrews Kurth LLP, where he heads the firms national bankruptcy practice. He represents trustees, debtors, secured and unsecured creditors, lenders and bondholders in many of the foremost Chapter 11 proceedings in the nation. He has testified several times before Congress concerning proposed amendments to the Bankruptcy Code and is a previous chair of the ABA Business Law Sections Business Bankruptcy Committee. Hugh was named the #1 bankruptcy attorney in Texas by the Texas Lawyer Go to Guide in 2002, and is the author of the book Bankruptcy Investing, published by the Beard Group.
	Paul N. Silverstein Andrews Kurth LLP
Paul N. Silverstein is a Partner in the bankruptcy practice of Andrews Kurth, based in the firm's New York City office. He has been the lead attorney in Andrews Kurth's role as counsel to the creditors' committee in the Mirant bankruptcy case. His practice includes the representation of official and ad hoc committees, significant strategic and financial investors and debtors/issuers in Chapter 11 reorganizations and out-of-court restructurings. Andrews Kurth has grown its bankruptcy practice to be the largest in the state of Texas and the seventh largest in the U.S.

	Michael Martinez Ferber Cimejes GmbH
Learn from one of the worlds top international bankruptcy experts Michael Martinez Ferber, partner and managing director of Cimejes GmbH in Germany. Cimejes is an international network of specialists serving insolvency trustees in cross-border proceedings. Michael has worked with major insolvency trustee firms in Germany and leading restructuring advisors in Germany and the United Kingdom.

Image Not Available	Harvey L. Tepner Compass Advisers
Harvey L. Tepner is a partner with Compass Advisers LLP, an international investment banking partnership and leading specialist in corporate restructuring. He joined Compass' New York office in 2002 to provide investment banking services in connection with bankruptcies, corporate restructurings, and the acquisition and sale of troubled companies. Prior to joining Compass, he founded Loeb Partners Corporation's investment banking and restructuring group, which subsequently merged with Compass.
	Hugh M. Ray Andrews Kurth LLP
Hugh M. Ray is a partner with Andrews Kurth LLP, where he heads the firms national bankruptcy practice. He represents trustees, debtors, secured and unsecured creditors, lenders and bondholders in many of the foremost Chapter 11 proceedings in the nation. He has testified several times before Congress concerning proposed amendments to the Bankruptcy Code and is a previous chair of the ABA Business Law Sections Business Bankruptcy Committee. Hugh was named the #1 bankruptcy attorney in Texas by the Texas Lawyer Go to Guide in 2002, and is the author of the book Bankruptcy Investing, published by the Beard Group.
	Peter S. Goodman Andrews Kurth LLP
Peter S. Goodman is a partner in the New York City office of Andrews Kurth, where his practice focuses on corporate insolvency and bankruptcy law. He represents and counsels national and international companies, individuals, debtors, trustees, creditors and creditors' committees, bank groups, bondholders and significant shareholders in complex reorganization proceedings.

	Stephen B. Selbst McDermott Will & Emery
Stephen Selbst is a partner in the law firm of McDermott Will & Emery and head of the firms New York bankruptcy practice. He has represented debtors, secured creditors, bondholders and distressed investors in Chapter 11 cases for more than 20 years. In recent engagements, he served as co-counsel to Parmalat USA in its successful reorganization, and he currently serves as counsel to St. Vincents Catholic Medical Centers of New York and to AMBAC Assurance Corp. in the Delta Airlines case.
	The Honorable Louis M. Phillips Partner, Gordon Arata McCollam Duplantis & Eagan LLP
The Honorable Louis M. Phillps is the retired Chief Judge of the United States Bankruptcy Court for the Middle District of Louisiana. During his tenure, he authored numerous opinions of first impression of Louisiana state law and bankruptcy law, and was the author of a number of opinions that ultimately were adopted by the Fifth Circuit and other courts as the law of those courts. He also presided over the first conversion to a totally electronic filing and docketing system within the Federal Courts of the United States. Now he is a partner with the law firm of Gordon, Arata, McCollam, Duplantis & Eagan, LLP, in Baton Rouge. There he serves as the leader of the firm's Insolvency and Bankruptcy Practice Group. Since 1988, Judge Phillips has held the position of Adjunct Assistant Professor of Law at the Louisiana State University Law Center. He also is the permanent chair of the annual Bankruptcy Law Seminar sponsored by the Louisiana State University Center for Continuing Professional Development, a program he developed and has chaired since 1995. He is a contributing editor to the Norton Bankruptcy Law and Practice 2nd, and is the author of many articles for law reviews and other periodicals.

	Andrew H. Sherman Sills Cummis Epstein & Gross P.C.
Andrew H. Sherman is a Member of the Firm's Creditors' Rights/Bankruptcy Reorganization Practice Group. He has represented clients in a broad range of complex business reorganizations, debt restructurings and insolvency matters. He advises companies experiencing financial difficulties, creditors of such entities, as well as investors and acquirers of substantial assets in bankruptcy cases and workouts. Over the past few years, he has focused his practice on representing incumbent local exchange carriers and competitive local exchange carriers in telecommunications and construction bankruptcy cases across the nation. He has also recently represented large multinational corporations in construction and energy bankruptcy cases. In addition to his bankruptcy experience, he has represented parties in significant commercial litigation in the New York federal and state courts. Prior to coming to Sills Cummis, Mr. Sherman was associated with Parker Chapin Flattau & Klimpl, LLP in New York City. Mr. Sherman was selected for inclusion in the 2007 edition of The Best Lawyers in America and the 2006 edition of New Jersey Super Lawyers.
Image Not Available	Brett H. Miller Otterbourg, Steindler, Houston & Rosen, P.C.
Mr. Miller is a Shareholder of Otterbourg, Steindler, Houston & Rosen, P.C., specializing in the representation of creditors in all aspects of bankruptcy throughout the country. Mr. Miller and his firm have represented or currently represent the Official Committee of Unsecured Creditors in the following cases: Northwest Airlines (New York), US Airways (I and II)(Virginia), Hawaiian Airlines (Hawaii), Aloha Airlines (Hawaii), FLYi, Inc. (Delaware), Gemini Air Cargo (Florida), American Plumbing and Mechanical, Inc. (Texas), Snyders Drug Stores, Inc. (Ohio), GS Industries, Inc. (North Carolina), Valeo Electrical Systems, Inc. (New York), AmeriServe Food Distribution, Inc. (Delaware), Fruit of the Loom, Inc. (Delaware), Phar-Mor, Inc. (Ohio), Best Products Co., Inc. (Virginia) and R.H. Macy & Co., Inc. (New York). Mr. Miller and his firm have represented or currently represent ad hoc committees in ATA, Owens Corning, Footstar, Inc., Casual Male Corp., and Bethlehem Steel. Mr. Miller and his firm also represent individual creditors in numerous bankruptcy cases. Mr. Miller was designated by Turnarounds & Workouts as one of the Outstanding Young Bankruptcy Lawyers in 2003, 2004, 2005 and 2006. Mr. Miller was Co-Chairperson of the Intellectual Property Subcommittee of the Bankruptcy and Reorganization Committee of the Association of the Bar of the City of New York from 2003-2005. Mr. Miller is also a member of the American Bankruptcy Institute. Mr. Miller is a frequent speaker on bankruptcy and workout related topics.

	Deryck A. Palmer Cadwalader, Wickersham & Taft LLP
Deryck A. Palmer is a partner in the Financial Restructuring Department of Cadwalader, Wickersham & Taft LLP, resident in the New York office. He concentrates his practice in the representation of debtors as well as creditors under chapter 11 of the Bankruptcy Code and has handled a wide variety of workout, corporate restructuring and bankruptcy matters. Recognized by Turnarounds and Workouts as one of the nations top twelve Outstanding Bankruptcy Lawyers, Mr. Palmer serves as the co-vice-chair of the American Bar Associations Business Bankruptcy Committees Healthcare Working Group and is a member of both the New York State Bar Association Committee on Bankruptcy and Committee on Courts and the Community. He is also a former member of the Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York and serves as Vice Chair of Health Watch, the only organization in the nation devoted exclusively to minority health improvement. Mr. Palmer lectures at many of the major law schools nationwide and is an Adjunct Professor of Law, teaching advanced topics in bankruptcy and corporate reorganization, at New York Law School. He co-authored History of Bankruptcy Law in the Second Circuit (Matthew Bender & Co., 1995) and Restructuring: The Search for Value in a Troubled Enterprise (Euromoney Books, 1993). In addition, he delivers numerous lectures each year on business reorganization topics, including an annual American Bar Association panel concerning current developments in the field. Mr. Palmer received his B.A. from Syracuse University and his J.D. from the University of Michigan. He recently received the Chancellors Citation for Exceptional Achievement from Syracuse University, which recognizes outstanding contributions in scholarship, research, teaching and creative work.
	John J. Rapisardi Cadwalader, Wickersham & Taft LLP
John J. Rapisardi is a partner in the Financial Restructuring Department of Cadwalader, Wickersham & Taft LLP, resident in the New York office. His domestic and international practice involves representing debtors, creditors' and bondholders' committees, secured creditors, financial institutions, investment bankers and distressed investment funds in restructurings and bankruptcy cases across a variety of industries, including telecommunications, retail, healthcare, casinos, sports franchises, real estate and manufacturing companies. He has played a lead role in many high-profile cases, including: Levitz Home Furnishings (Investor); Aladdin Casino and Hotel (Investor); Drexel Burnham (Debtor); Global Star (Debtor); Herald Square Center (Financial Institution); Iridium (Committee); Pliant Corporation (Merrill Lynch/Chapter 11 Exit Financing); Mattress Discounters (Committee); Metallurg (Debtor); Montgomery Ward I (Financial Institution); NSM Steel (Investor); Olympia & York (Debtor); Owens Corning (Bank Steering Committee); Ritz Carlton (NY) (Debtor); Portraits Corporation of America (Bondholder); Safety Kleen (Bank Steering Committee); Service Merchandising (Citicorp/Chapter 11 DIP Financing); Solutia (Committee); Stage Stores (Creditors Committee); Transeastern LLC (Bondholder); Teleglobe (Debtor); Trump Atlantic City Casinos (Bondholders Committee); US Office Products (Creditors Committee); USA Capital (Investor acquiring sub-prime loans); and WestPoint Stevens (Debtor). Mr. Rapisardi is a registered mediator for the Southern District of New York and served as a mediator in the Family Golf Center Chapter 11 case. He is a member of the task force committee for the Southern District of New York Pro Bono Bankruptcy Project. Identified in 2005 Chambers USA listing top business lawyers in the country, he is a highly recommended counsel in the PLC Cross-border Restructuring and Insolvency Handbook for 2006-2007. He received his law degree from Pace University; an LL.M. in corporate and commercial practice from New York University; and an undergraduate degree in public accounting with honors from Fordham University. Following law school, he served as a clerk for the-the Chief Bankruptcy Judge of the Southern District of New York. Mr. Rapisardi is the bankruptcy columnist for the New York Law Journal and an Adjunct Professor of Law at Pace Law School.