Intentions in Retention: Ethical Considerations When Being Retained in Bankruptcy Cases
Thursday, October 1, 2:00 p.m. - 3:00 p.m.
1.0 Ethics CLE credit / 1.2 CPE credits in Business Law / 1.2 CEUs available
CLE has been accredited in Delaware and Pennsylvania. Additional jurisdictions pending.
Ever wanted to know what ”connections” are when it comes to disclosure? Maybe you’ve thought about how much you really need to include about ”scope of work” when being retained in a case matter. Or have you ever wondered if your solicitations for a creditors’ committee engagement pressed the ethics envelope? Well, wonder no more, and while you check out this program, pick up an ethics credit, too.
Hon. Michael Kaplan, United States Bankruptcy Court, District of New Jersey
Michael Jacoby, CTP, Phoenix Management Services (TMA Philadelphia/Wilmington)
Laura Davis Jones, Pachulski Stang Ziehl & Jones LLP (TMA Philadelphia/Wilmington)
Shelly DeRousse, moderator, Freeborn & Peters LLP (TMA Chicago/Midwest)
Elizabeth Young, Office of the United States Trustee, Region 6
About the Speakers:
Hon. Michael Kaplan
The Honorable Michael B. Kaplan was appointed as a bankruptcy judge on October 3, 2006, for the District of New Jersey and designated Chief Judge on May 1, 2020. Prior to taking the bench, Judge Kaplan served as a Standing Chapter 13 Bankruptcy Trustee, as well as an appointed trustee in cases under Chapters 7, 11 & 12. Judge Kaplan received his A.B. degree from Georgetown University (1984) and his J.D. Degree from Fordham University School of Law (1987). Over the past thirty years, Judge Kaplan has spoken to numerous bar associations and business organizations, and also teaches as an adjunct professor at Rutgers University School of Law. He has authored several articles relating to bankruptcy issues and is a co-author of West’s Consumer Bankruptcy Manual and Consumer Bankruptcy Handbook. Additionally, he serves on the Editorial Board and as Business Manager for the American Bankruptcy Law Journal. Prior to taking the bench, Judge Kaplan served as Mayor and Councilman for the Borough of Norwood, NJ, and as a member of the Norwood Planning Board.
Michael Jacoby, CTP
Michael Jacoby is a Senior Managing Director and Shareholder at Phoenix. He is a skilled executive with extensive operating, turnaround, and M&A experience. Michael has served in advisory capacities as well as independent director and interim manager for more than 325 Phoenix clients in a variety of industries. He has also been instrumental in assisting numerous clients with their financing, divestiture and restructuring needs. Before joining Phoenix in 1992, Michael worked for PNC Bank in Philadelphia, where he managed a $500 million commercial loan portfolio. Michael holds the Certified Turnaround Professional designation from the Turnaround Management Association, the Certified Cash Manager designation from the Association for Financial Professionals and the Certified Management Consultant designation from the Institute of Management Consultants. In addition, Mr. Jacoby is registered with FINRA and holds his Series 79 license and is a Fellow of the American College of Bankruptcy.
Mr. Jacoby is President of the Philadelphia Chapter of the Association for Corporate Growth and a Board Member of the Philadelphia Chapter of the Secured Finance Network and is active with a number of other professional and charitable organizations.
Laura Davis Jones
Laura Davis Jones, a named partner and managing partner of Pachulski Stang Ziehl & Jones LLP, is a trusted, “constructively aggressive” legal and strategic advisor to debtors, creditors’ committees, bank groups, acquirers, and other significant constituencies in national chapter 11 cases and workout proceedings. Jones is a Fellow of the American College of Bankruptcy and a Chambers USA “Star Individual,” the highest honor a lawyer can receive. She started her career as a judicial law clerk in the Bankruptcy Court for the District of Delaware, and upon entering private practice, quickly gained national recognition as debtors’ counsel in the Continental Airlines bankruptcy case. She has gone on to counsel clients in national matters including the recent bankruptcy filings of Maines Paper & Food Service, Inc., 24 Hour Fitness Worldwide, Inc., TK Holdings (Takata), Emerald Oil, Aquion Energy and M&G Corporation. Jones has been named a “Deal Maker of the Year” by The American Lawyer; has been recognized as a top practitioner by Lawdragon 500 and the K&A Restructuring Register; and has been named one of the "Best Lawyers in Delaware” by Best Lawyers, as well as one of the top ten lawyers in Delaware by Thomson Reuters.
Shelly DeRousse is an Equity Partner and Leader of the Bankruptcy and Financial Restructuring Practice Group of Freeborn & Peters LLP. She has extensive experience in the areas of bankruptcy, reorganization, litigation and asset sales. Shelly has worked on every side of bankruptcies and workouts, including the representation of debtors, secured creditors, unsecured creditors, lessors, lessees, guarantors, trustees and creditors’ committees. She has represented clients ranging from large publicly traded companies in mega-bankruptcy cases to smaller privately held middle market companies in chapter 11 filings. Shelly is known as a leading attorney for official committees of unsecured creditors and equity holders. Shelly has been recognized and ranked by publications such as Chambers, Leading Lawyers, Lawdragon, and Crain’s Chicago as a leader in commercial bankruptcy and restructuring law. Shelly was also elected as a Fellow of the American Bar Foundation, was one of six women in the nation named as a finalist for the distinguished Chambers award for “Inspiring Role Model in Promoting Gender Diversity in the Legal Profession,” and has been named as one of the most Influential Women in Business by the Business Ledger and the National Association of Women Business Owners of Chicago. Shelly is also a Co-Chair of Turnaround Management Association’s IMPACT 2020 experience.
Elizabeth Ziegler Young is a trial attorney at the Dallas Office of the United States Trustee. Her practice consists of oversight of both consumer cases and corporate restructurings primarily covering the Fort Worth District.
Before practicing law in Dallas, she earned her B.A. in Anthropology from the State University of New York at Albany in 2001 and a J.D. from Fordham Law School in 2005, where she served as an editor of the Urban Law Journal. Following law school, Elizabeth moved from New York to Dallas to work at the Office of the United States Trustee.
Elizabeth is an active member of the John C. Ford Inn of Court. She also enjoys travelling, yoga and competitive bocce ball.