1. business and industrial
2. company
3. bankruptcy

MEALEY’S™
Asbestos
Bankruptcy
Conference
Concrete strategies to help you
resolve liabilities, negotiate
settlements, and stay ahead of the
curve on the latest legislative changes
Secure winning outcomes for your clients
with cutting-edge guidance on 524(g), bolt-on
bankruptcies, and the fallout from the FAIR Act
Conference Chaired by
David T. Austern
President
Claims Resolution Management Corporation
Falls Church, VA
John D. Cooney, Esq.
Cooney & Conway
Chicago
June 8-9, 2006
The Ritz-Carlton
Chicago
Mealey’s™ Asbestos Bankruptcy Conference
Hear new perspectives on how to get your clients
paid and your reorganization plans confirmed
Constant change is the name of the game when it comes to asbestos
bankruptcy litigation. And if you don’t play by the latest rules, your clients
may not get all the money they should – or their plan to emerge from
bankruptcy will get shot down in court.
At Mealey’s™ Asbestos Bankruptcy Conference, top experts examine
today’s cutting-edge issues to help you understand their impact on your
clients and make any necessary tactical adjustments. The following hot
topics will be under the microscope in brand new sessions at this educational and networking event …
Effective use of 524(g) – Can a company with centralized liability use the
bankruptcy process? If so, what’s the best way to resolve the liability to
satisfy all parties involved? If not, what other options does that company
have?
Bolt-on bankruptcies – The Big 3 automakers tried, but nobody’s had
one approved. Are bolt-ons allowed under 524(g)? Can your clients’ cases
be included under another debtor’s plan? A panel of experts will answer
these and many other questions.
The FAIR Act – Get a status update on FAIR and other potential federal
initiatives, and find out how you’ll be affected by the avalanche of companies
likely to file for bankruptcy should the legislation fail.
Fuller-Austin reversal – Find out how you should adjust your tactics in
light of this recent ruling that potentially gives insurers more leverage in
bankruptcy cases.
USG’s $4 billion settlement – Hear expert insight on what it means to
claimants and other companies in bankruptcy.
And in another one-of-a-kind session, you’ll get the rarely heard futures
representative perspectives on key asbestos bankruptcy issues. Ascertain
how they estimate future liability, what their role is in bankruptcy restructuring, and what they’re doing to ensure that future claimants are treated the
same as current claimants
From getting adequate reimbursement when an asbestos-bankruptcy
company sets up a trust to crafting a reorganization plan that withstands
claimant and courtroom scrutiny … from the FAIR Act to medical criteria
bills … from asbestos bankruptcies’ impact on the financial community to
strategizing effectively when settling with insurers … you’ll gain the expertise you need to successfully protect your clients’ interests at Mealey’s
Asbestos Bankruptcy Conference.
Save $400 with our Corporate Discount
Are you an attorney or employee for an insurance company
or other corporation? Corporate representatives receive a
$400* discount when attending this program.
* This discount cannot be combined with any other offer.
Mealey’s™ Asbestos
Bankruptcy Conference
Concrete strategies to help you resolve
liabilities, negotiate settlements, and
stay ahead of the curve on the latest
legislative changes
Who should attend:
This conference will benefit attorneys representing
asbestos-bankrupt companies and their claimants,
in-house counsel, insurers, financial community
members, and many more.
Exhibitors & Sponsors include:
LexisNexis® Mealey’s™
1018 West Ninth Avenue, 3rd Floor
King of Prussia, PA 19406
Take advantage
of our Early-Bird Discount!
Save $300 off your conference
admission when you
register by 4/10/06.
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Registration Form
Mealey’s Asbestos Bankruptcy Conference, June 8-9, 2006, at The RitzCarlton, Chicago. I understand the conference registration fee is $1295 per
attendee for the first paying attendee and $1145 for each attendee thereafter
from the same firm or company. $995 per attendee if you register by 4/10/06.
(Multiple attendees: please copy form and submit for each attendee.)
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Phone: 1-800-MEALEYS or (610) 768-7800
Fax: (610) 768-0880
Payments: Mealey Publications, P.O. Box 7247-6167
Philadelphia, PA 19170-6167
E-mail: [email protected]
Online: www.mealeys.com/conferences
Registration Information
Registration Fee
The registration fee includes continental breakfast each day, one luncheon, attendance
at all conference sessions, a copy of the conference handbook on CD, networking
reception, and coffee breaks. The registration fee is $1295 for the first attendee.
How to Register
Fax is the best way to enroll, allowing us to attend to your registration immediately.
Please fax this form to (610)768-0880, call 1-800-MEALEYS, (610)768-7800,
e-mail [email protected] or mail this form with payment to Mealey
Publications™, P.O. Box 7247-6167, Philadelphia, PA 19170-6167. Receipt of
payment guarantees your registration.
Special Discounts*
• Early-Bird registration — by 4/10/06 $300 off — $995
• Corporate Discount — $400 off — $895
• Additional registrants from the same firm or company — $150 off
— $1145
• Government employees — one-third off — $865
• Sitting judges — attend free
• Paralegals — two-thirds off — $435
* Cannot be combined with any other offer.
Special Needs
Should you have any special needs, please contact Mealey’s at least three weeks
prior to the conference, to allow us time to make reasonable accommodations.
Hotel Accommodations
The Ritz-Carlton, Chicago is located at 160 East Pearson Street at Water
Tower Place, just 40 minutes from O’Hare International Airport. Attendees
should make reservations directly with the hotel by calling 312-266-1000.
When making reservations, indicate that you are attending Mealey’s Asbestos
Bankruptcy Conference, June 8-9, 2006. A block of rooms has been reserved
for attendees at a rate of $300 a night for a single or double room. The cut-off
date for this rate is May 15th. After that date, this rate will be offered based
on space availability. Please note, there are a limited number of rooms in our
room block so make your reservations early.
For alternative hotels, please call us at (610) 768-7800.
Cancellation Policy
Registrants who cancel on or before May 25th will receive a full refund. Registrants canceling from May 26-June 1 will receive a full credit towards another
Mealey’s conference. Cancellations made after June 1st will be subject to a
25% administrative fee; the remaining amount will be credited towards another
Mealey’s conference. Credits must be used within one year of the date of issuance. Attendees who are paid in full and do not attend the conference forfeit
a refund or a credit voucher. Substitutions may be made at any time.
Conference on Audio CD
Mealey’s Multi-Media Service allows you to bring the best of our live programs to
your home or office. Call 1-800-MEALEYS or email [email protected]
for more information and pricing on the audio CD version of this conference. Visit
www.mealeys.com/conferences for a complete list of past audio programs.
CLE, CPCU & CPE credits
CLE credit will be available for all mandatory CLE states. International accreditation
will also be available at this conference, as will CPCU credit through the American
Institute for CPCU and CPE credit through NASBA.
LexisNexis Mealey’s is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National
Registry of CPE Sponsors. State boards of accountancy have final authority on the
acceptance of individual courses for CPE credit. Complaints regarding registered
sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth
Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org.
Mealey’s Asbestos Bankrupt
The Co-Chairs
David Austern is the President of the Claims Resolution Management
Corporation (“CRMC”), and also serves as General Counsel of the Manville
Personal Injury Settlement Trust (“Trust”). The CRMC, which processes
Trust claims, the claims of other asbestos trusts, and provides other services to asbestos-based institutions, is a subsidiary of the Trust. Mr. Austern
also serves as the Representative of Future Asbestos Claimants in the
Combustion Engineering bankruptcy, the W.R. Grace bankruptcy, and is
a consultant to a number of corporations that are asbestos defendants in
the tort system.
John Cooney, Esq. is a partner in the Chicago law firm of Cooney and
Conway, which has represented thousands of plaintiffs in asbestos litigation
including hundreds of mesothelioma victims in Chicago and throughout the
Midwest. Mr. Cooney is an elected manager of the Illinois Trial Lawyers Association. He is a member of many of the Official Committees representing
asbestos claimants in Chapter 11 proceedings and he is chairman of the
Owens Corning Committee and co-chair of the Armstrong, U. S. Gypsum,
Kaiser, and Global Industrial Technologies Committees.
Thursday, June 8, 2006
8:00
Registration & Continental Breakfast
8:45
Welcome & Introductory Remarks
David Austern, Claims Resolution Management Corporation
John Cooney, Cooney & Conway
9:00
March Toward Confirmation – Update on
Major Cases & Settlements
• When will the debtors emerge?
• Status of current cases – Owens Corning, W.R. Grace,
Federal-Mogul, Armstrong, ACandS, Congoleum
• USG Settlement – what impact will it have?
• Emerging trends in bankruptcy law
• Stories from the front: – identifying and overcoming obstacles
and objections
David Heiman, Jones Day
Jeffrey Rich, Kirkpatrick & Lockhart Nicholson Graham
10:15 Bolt-On Bankruptcy Cases: Enjoining the Liability
• History of attempted bolt-on cases – Big 3 Automakers
• Case studies: Cooper/Federal-Mogul & Honeywell/NARCO
tcy Conference
• Obtaining the stay of cases – resolving objections
• What does 524(g) currently allow?
Robert Phillips, SimmonsCooper
Additional speakers to be announced
11:15 Morning break
11:30 FAIR or Unfair: How State & Federal Legislation May
Affect the Current Bankruptcy Landscape
• Congressional update on federal legislative efforts
• Bankruptcy settlements, insurers and FAIR provisions
– constitutional challenges
• State legislative update: TX, GA, OH, FL – is state
tort-reform working?
• Screening investigations
• Medical criteria
Matthew Bergman, Bergman & Frockt
Steven Kazan, Kazan McClain Abrams Fernandez
Lyons & Farrise
Patrick Hanlon, Goodwin Procter
12:30 Networking Luncheon
Sponsored by Navigant Consulting
1:45
The Next Chapter – Future Of Pre-Packaged
Bankruptcies
• Climate and trends following the Combustion Engineering
decision
• What is allowed and what is prohibited under Section 524(g)
• Soliciting the vote and overcoming objections –
how to get to 75%
• Waiting in the wings: what type of companies will use
the pre-packaged process to resolve their liability?
Sander Esserman, Stutzman Bromberg Esserman & Plifka
Roger Frankel, Swidler Berlin
2:45
Insurance Issues: Recent Judicial Developments
• Case Studies: AC&S and Fuller-Austin – what does
the future hold?
• Standing/neutrality issues
• Rights under pre-packaged/traditional bankruptcies
• Congoleum and other coverage cases
Michel Horton, Morgan Lewis & Bockius
Scott Gilbert, Gilbert Heintz & Randolph
Tancred Schiavoni, O’Melveny & Myers
4:00 Afternoon Break
4:15
Futures Representatives – Responsibilities Under
Section 524(g)
• Role of the futures representative in bankruptcy restructuring
• Position of futures representative in established trust
• Emerging issues in current cases
• Conflicts of interest
David Austern, Claims Resolution Management Corporation
Eric Green, Resolutions
5:15
Networking Reception
Friday, June 9, 2006
8:00
Continental Breakfast
9:00
How To Effectively Use 524(g) To Resolve
Asbestos Liability
• Rich-parent pre-packs
• How does a company with centralized liability use the
bankruptcy process to achieve finality
• Proposed changes to Section 524(g)
• Decisions, decisions – how are the courts interpreting the
bankruptcy code?
Speakers to be announced
10:00 Estimating Present & Future Liability
• Estimation of present and future asbestos liabilities
• Methodologies
• Appeals – Owens Corning & Federal Mogul
• Future estimation trials/protocol
Kenneth Pasquale, Stroock & Stroock & Lavan
Frederick Dunbar, PhD, Senior Vice President,
NERA Economic Consulting
11:15 Morning Break
11:30 Perspectives From the Street – How Restructuring
Is Viewed By The Financial Community
• Shaking up the markets - announcements and SEC filings
• Time-value of money
• Impact of recent legal, political and economic changes
• Examination of recent debtors – pre-petition to
post-confirmation
June 8-9, 2006
The Ritz-Carlton, Chicago
• Identifying companies on the brink of bankruptcy –
warning signs
Mary Warren, Linklaters
Additional speakers to be announced
12:30 Adjourn
Mark your calendar for these 2006 Mealey’s
conferences and teleconferences …
Lead Litigation Teleconference: The Impact of the
Rhode Island Decision
March 30, 2:00PM Eastern Time
Asbestos Medicine
April 10, Chicago
Welding Rod Litigation
April 11, Chicago
Working With Experts in a Toxic Tort Case Teleconference
May 16, 2:00PM Eastern Time
Ethics Teleconference: The Classification of
Client Expenses in Mass Torts
May 18, 2:00PM Eastern Time
Benzene and Chemical Exposure Litigation
June 12-13, Marina del Rey, CA
Water Contamination
June 15-16, Chicago
Asbestos Screenings Teleconference
July 20, 2:00PM Eastern Time
National Asbestos
September 18-19, Boston
Speakers, sessions and times are subject to change. Visit www.mealeys.com/conferences or call 1-800-MEALEYS
for up to the minute program revisions. Call for information on sponsorship and exhibit opportunities.
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under
license. Mealey’s and Mealey Publications are a trademark of LexisNexis, a division of Reed Elsevier Inc. © 2006,
LexisNexis, a division of Reed Elsevier Inc. All rights reserved. MEA00825-0 0306
Conference Faculty
Co-Chairs
David T. Austern
President, Claims Resolution
Management Corporation
Falls Church, VA
John D. Cooney, Esq.
Cooney & Conway
Chicago
Faculty
Matthew P. Bergman, Esq.
Bergman & Frockt
Vashon, WA
Michel Y. Horton, Esq.
Morgan, Lewis & Bockius, LLP
Los Angeles
Frederick C. Dunbar, Ph.D.
Senior Vice President, NERA
Economic Consulting
New York
Steven Kazan, Esq.
Kazan, McClain, Abrams,
Fernandez, Lyons & Farrise
Oakland, CA
Sander L. Esserman, Esq.
Stutzman, Bromberg,
Esserman & Plifka
Dallas
Kenneth Pasquale, Esq.
Stroock & Stroock & Lavan LLP
New York
Roger Frankel, Esq.
Swidler Berlin LLP
Washington, DC
Robert W. Phillips, Esq.
SimmonsCoooper LLC
East Alton, IL
Scott D. Gilbert, Esq.
Gilbert Heintz & Randolph LLP
Washington, DC
Jeffrey N. Rich, Esq.
Kirkpatrick & Lockhart
Nicholson Graham LLP
New York
Eric D. Green
Principal, Resolutions, LLC
Boston, MA
Tancred V. Schiavoni, III, Esq.
O’Melveny & Myers LLP
New York
Patrick M. Hanlon, Esq.
Goodwin Procter LLP
Washington, DC
Mary K. Warren, Esq.
Linklaters
New York
David G. Heiman, Esq.
Jones Day
Cleveland