Commercial Law League of America

Wednesday, May 15

Swissotel Chicago, 323 East Upper Wacker Drive, Chicago, IL 60601

LEGISLATIVE FORUM
ROOM: Alpine (Lucerne Level)

PANELISTS: Peter Califano, Niesar & Vestal LLP, San Francisco, CA; Conor Kelly, Webster, Chamberlain & Bean, Washington, DC; Dan Kerrick, Hogan McDaniel, Wilmington, DE;
Gilbert M. Singer, Marcadis Singer P.A., Tampa, FL

CLLA panelists will provide a review of CLLA legislative and government affairs efforts during the past year, inform members about the political make-up of the current Congress and possibilities for legislation impacting the commercial law, and educate attendees about the legislative process; including drafting legislation and policy positions for consideration by members of Congress and aligned interested parties and organizations.

Thursday, May 17

Swissotel Chicago, 323 East Upper Wacker Drive, Chicago, IL 60601

GOOD FORWARDERS GO BAD
ROOM: Alpine (Lucerne Level)

PANELISTS: Robert Ash, Radius Global Solutions, Fair Lawn, NJ; Matias Eduardo Garcia, Barnett & Garcia, PLLC, Austin, TX; Bryan Press, Metro Group Maritime, Livingston, NJ

Join us for a practical discussion between a panel of agencies and attorneys as we talk about how to handle cases that we’d rather walk away from, but it’s what you do for a good client! We’ll be discussing some do’s and don’ts on handling those situations and best practices for the relationship. This session will also touch on hot topics and relationship management tips.

HOT TOPICS IN BANKRUPTCY CASE LAW 
ROOM: Lucerne 3 (Lucerne Level)

SPEAKER: Ronald Peterson, Of Counsel at Jenner & Block, LLP, Chicago, IL

This session will be a summary of important bankruptcy cases decided through March 29, 2024, including recently decided U.S. Supreme Court cases.

PACKERS & STOCKYARDS ACT—HIDDEN STATUTORY LIENS THAT WILL BITE YOU IN THE PACA!
ROOM: Alpine (Lucerne Level)

SPEAKER: George F. Braun, Law Offices of George Braun, Washington, DC

Our speaker will outline and discuss the use of the Packer & Shippers Act and Perishable Agricultural Commodities Act as it applies to collections in the agricultural industry. Both transactional and litigation with questions and answers from the audience.

THE NEW DAY OF REAL ESTATE: HOW THE MARKET RESET IS IMPACTING BANKRUPTCY LAW
ROOM: Lucerne 3 (Lucerne Level)

SPEAKERS: Hon. Thomas Lynch, US Bankruptcy Court, Northern District of IL, Rockford, IL; Jack Rose, Law Offices of Jack Rose, PLLC, LLC, Bronxville, NY; Matthew Tabloff, Hilco Real Estate, LLC, Northbrook, IL

Our speakers will examine the ongoing volatility of the real estate market and trends to watch for by bankruptcy practitioners. The discussion will examine how to do workouts in an evolving lending environment and evaluate whether filing bankruptcy is the best course of action. The speakers will also discuss takeaways from the WeWork cases and other recent bankruptcy filings. They also will consider such topics as the enforceability of arbitration clauses and handling pre-negotiation letters. Our speakers will also address such issues as dealing with landlord liens and waivers, and why residential property conversions may not be the answer in this environment.

ETHICAL TIPS FROM MOVIES & TV LAWYERS
ROOM: Alpine (Lucerne Level)

SPEAKERS: Ben H. Farrow, Anderson, Williams & Farrow, LLC, Montgomery, AL;
William H. Thrush, Friedman, Framme & Thrush, P.A., Owings Mills, MD

Ethical legal actions are at the core of any and every successful law-related business endeavor, so attorneys, agencies and forwarders will find tremendous value, insight, and education in an entertaining and informative way, which will benefit your business, improve your caseload, and illustrate the value of using a CLLA vetted and approved attorney. Our speaker will use 5-6 television and movie clips to demonstrate some typical ethical issues and apply the model rules to provide guidance.

FOUR YEARS OF THE SBRA: HOW IS IT WORKING?
ROOM: Lucerne 3 (Lucerne Level)

PANELISTS: Matthew Brash, Newpoint Advisors Corporation, Schaumburg, IL;
Zach B. Shelomith, LSS Law, Ft. Lauderdale, FL; Beverly Weiss Manne, Tucker Arensberg, PC, Pittsburgh, PA; Hon. Mary Ann Whipple, US Bankruptcy Court, Northern District of OH, Toledo, OH

The Small Business Reorganization Act is four years old. What lessons have we learned? In the post-COVID world, does Subchapter V work better for small businesses? How do creditors view the Subchapter V experience? What have Subchapter V trustees learned about their role in a case? Join our experienced panel as they discuss practical issues addressing the ways in which Subchapter V is working and perhaps not working so far.

CAUTION, BEWARE OF POTHOLES IN CHAPTER 11 BANKRUPTCY 
ROOM: Lucerne 3 (Lucerne Level)

PANELISTS: Hon. Janet Baer, US Bankruptcy Court, Northern District of IL, Chicago, IL; Candice Kline, Saul Ewing, LLP, Chicago, IL; Hon. Judith Fitzgerald (Ret.), Tucker Arensberg, PC, Pittsburgh, PA; Thomas R. Fawkes, Tucker Ellis LLP, Chicago, IL

The program will provide an opportunity for attendees to ask the experts about Chapter 11 cases and obtain guidance on identifying and avoiding the potholes along the way – starting with first day motions and continuing through plan confirmation.

Discussion topics to include:

• What to look for in the first day motions.
• Avoiding stay violations.
• How to reserve your rights if there is a DIP lender.
• Understanding cash collateral order(s) and monthly operating reports.
• Determining if you have reclamation rights.
• What sale motions mean for creditors.
• Cure amounts and what to do if your agreement is assumed and assigned (or not assumed).
• Identifying critical vendors.

Friday, May 17

Swissotel Chicago, 323 East Upper Wacker Drive, Chicago, IL 60601

CYBERSECURITY FOR LAW FIRMS
ROOM: Alpine

SPEAKER: Marco Alcala, Alcala Consulting, Inc., Pasadena, CA

In the upcoming cybersecurity session tailored for legal professionals, attendees will gain invaluable insights into fortifying their digital practices against today’s most pervasive cyber threats. The program will kick off with an in-depth exploration of business email compromise (BEC), a type of cyber fraud that could devastate a firm’s financial integrity. We will unravel the deceptive tactics used by cybercriminals and provide practical defense strategies. The session will then pivot to the menacing landscape of ransomware attacks, discussing how these malicious software breaches can lock down critical data and disrupt legal operations. Participants will learn how to not only prevent such attacks but also how to respond effectively if they occur. Lastly, we will delve into the robust cybersecurity controls necessary for the protection of confidential client information. From encryption to two-factor authentication, lawyers will leave equipped with a toolkit of measures designed to uphold their ethical obligations in maintaining client confidentiality in the digital age.

LITIGATING ON DUAL FRONTS — EXAMINING WAR STORIES AND REAL-WORLD CASES INVOLVING LITIGATION INSIDE AND OUTSIDE BANKRUPTCY
ROOM: Alpine

PANELISTS: Joseph A. Marino, Marino, Mayers & Jarrach, LLC, Clifton, NJ; Randall Woolley, Darcy & Devassy PC, Chicago, IL; Kirk B. Burkley, Bernstein-Burkley, PC, Pittsburgh, PA

The panelists will address “cross-over” issues in the gray areas of the law that affect both bankruptcy and creditors’ rights attorneys. The program will be centered on real-world cases handled both inside and outside of bankruptcy. Discussions topics will include: fraudulent transfer cases (where a judgment against the principles is non-dischargeable), Ponzi scheme cases, (when there is a presumption of insolvency), RICO cases (when there is NO presumption of insolvency), director and officer litigation arising out of bankruptcy cases and judgment collection, dealing with bad faith filings and vexatious litigants, application of the Colorado River Doctrine and first to file rule, and debtor’s standing to prosecute claims outside of bankruptcy court.