Conference - Turnaround Management Association
Transcription
Conference - Turnaround Management Association
T M A’ S T E N T H A N N U A L Northwest Cross-Border Conference September 10 - 12, 2009 P R E S E N T E D B Y T H E ▼ Seattle, Washington N O R T H W E S T Arctic Club Hotel ▼ C H A P T E R Seattle, Washington O F T M A AGENDA Thursday, September 10, 2009 5:00 – 7:00 p.m. Early Registration 7:00 – 9:00 p.m. Opening Cocktail Reception Arctic Club Hotel Dome Room Friday, September 11, 2009 7:30 – 8:30 a.m. Continental Breakfast Welcome and Announcements, and Conference sessions will be held in the Arctic Club Hotel Dome Room 8:30 – 8:45 a.m. Welcome and Announcements Welcome: Stephen M. Barkley, President NW Chapter of TMA, Senior Vice President, Union Bank Program Introduction: Katriana Samiljan, Conference Chair, Partner, Bush, Strout & Kornfeld 8:45 –10:00 a.m. Fraud Panel “Deceit and Dishonesty Double During Downturns” Moderator: Nina Gerbic, Partner, Dawson Gerbic, LLP, Seattle, Washington Panelists: Peter Armstrong, Associate Partner, KPMG LLP; Carl Blackstone, Assistant United States Attorney for the Western District of Washington; Robert Prior, Chief Federal Prosecutor, Public Prosecution Service of Canada; David Taylor, Partner, Perkins Coie LLP 10:00 –10:15 a.m. Coffee Break 10:15 –11:30 a.m. Canada versus USA: Commercial Loan & Workout Issues in Non-Mega Cases Moderator: Ragan Powers, Partner, Davis Wright Tremaine LLP Panelists: Kibben Jackson, Partner, Fasken Martineau; Jay Kornfeld, Partner, Bush, Strout & Kornfeld; John Rizzardi, Cairncross & Hempelmann, P.S.; Teri Stratton, Senior Vice President, Macquarie Capital (USA) Inc. 11:30 – 1:30 p.m. Lunch Arctic Club Hotel Dome Room Keynote Speaker: Jack Hamann, Author of On American Soil: How Justice Became a Casualty of WWII, a nonfiction investigative account of one of the largest and most controversial events in American civil rights history. 1:30 – 3:00 p.m. The Liquidity Crunch: Who Is Lending and on What Terms? Moderator: Ragan Powers, Partner, Davis Wright Tremaine LLP Panelists: Brad Edgelow, Vice President, USM Capital; Bill Hanneman, Zachary Scott Investment Bankers; Mitch Reed, Senior Vice President, Corporate Finance, Prudential Capital; Steven Schiller, Managing Director, Gordian Group RSM Richter 3:00 – 3:15 p.m. Coffee Break 3:15 – 4:45 p.m. Judge’s Panel: Hot Topics from the Bench Moderator: Phil Lalonde, Counsel, Brownlee LLP Panelists: Honorable Ms. Louise De Carl Adler, Judge of the United States Bankruptcy Court for the Southern District of California; Honorable Mr. Donald I. Brenner, Chief Justice of the Supreme Court of British Columbia; Honorable Mr. Bruce A. Markell, Bankruptcy Judge, United States Bankruptcy Court for the District of Nevada, and Judge, Bankruptcy Appellate Panel of the Ninth Circuit; Honorable Ms. Juliana Topolniski, Justice to the Court of Queen’s Bench 7:30 –10:00 p.m. Reception and Dinner | Arctic Club Hotel Dome Room Honoring Clyde Hamstreet, CTP, Hamstreet & Associates, for his 20th Anniversary of TMA membership and his significant contributions to the Corporate Renewal Industry and TMA. Introductions by: Gayle Bush, Partner, Bush Strout & Kornfeld; Bill Skelly, Partner, Heenan Blakie and Shirley Dunn, CTP, Principal, Hamstreet & Associates Saturday, September 12, 2009 | Breakfast and Activities 7:30 – 9:00 a.m. Continental Breakfast | Arctic Club Hotel Dome Room CPE credits: 5 General Credits and 1.5 Ethics Credit. An application form can be found on the last page of this brochure. 10:30 a.m. Golf outing at the prestigious Newcastle Golf Club. Transportation will be provided by bus. Please gather near the main lobby entrance at 8:00 a.m. 11:00 a.m.– 4:00 p.m. Scenic Puget Sound and Lake Union Cruise Please gather near the main lobby entrance at 11:00 a.m. 6:00 p.m. Gala Cocktail Reception & Dinner - Columbia Tower Club, 75th floor of Columbia Tower, downtown Seattle with sweeping views of the city. Sunday, September 13, 2009 Check out and departure K E YNOTE SP E AK E R Jack Hamann Author and Journalist J ack Hamann lives in Seattle, where he is an author and journalist. His career spans twentynine years, including a decade as a network correspondent and documentary producer for CNN and PBS. His work has earned dozens of journalism honors, including ten regional Emmy awards. Jack’s assignments have taken him around the world. He's been inside a pen with wild wolves in Yellowstone National Park, inside a prison with convicted killers in Siberia, thirty miles offshore with fishermen chasing giant tuna in the North Atlantic, three miles above sea level with peasants battling blight in Peru, and miles from nowhere mushing a team of champion dogs in the Yukon. His lifetime travel also includes Cuba, China, South Africa, Nepal, Russia, Japan, Taiwan, Thailand, Panama, Brazil, Argentina and most of Europe and North America, including all 50 states (Arkansas was #50). Jack is the author of On American Soil: How Justice Became a Casualty of WWII (Algonquin Books, 2005 | University of Washington Press, 2007), a nonfiction investigative account of one of the largest and most controversial events in American civil rights history. On American Soil was selected as the outstanding investigative book of 2005 by Investigative Reporters and Editors, Inc. The book was directly responsible for an October 26, 2007 decision by the U.S. Army Board for Correction of Military Records to overturn the verdicts in the infamous 1944 Fort Lawton court-martial. Legislation signed by President George W. Bush on October 14, 2008 ensured that the surviving defendants, or their estates, receive back pay, plus compound interest. Jack is the winner of the 2007 Horace Mann award, an honor bestowed on those who have achieved “victories for humanity.” In 2008, the Washington State Bar Association honored him for “Excellence in Legal Journalism,” and the Urban League presented him with its 2008 "Spirit Award.” Jack is a graduate of UCLA (B.A. Economics, 1976) and the University of Oregon School of Law (J.D., 1980). Jack and his wife, Leslie, coach girls’ volleyball at a high school in Seattle. They have two grown children. SPONSORS TMA Northwest Chapter would like to thank the following sponsors: Platinum: Wells Fargo Business Credit Wells Fargo Business Credit Canada Gold: Lane Powell Silver: Celtic Capital Century Services KPMG Miller Thomson, LLP Myers & Co. Perkins Coie PNC Business Credit Bronze: Dawson & Gerbic Realty Marketing NW Conference Sponsors: The BMC Group, Inc. DoveBid CON F E R E NC E P L AN N E R S, PAN E LI STS, SP E AK E R S & HONOR E D GU E ST Conference Planners Stephen M. Barkley (2009 Northwest Chapter President) has been involved in middle market commercial lending for over 25 years. Currently he is based in Seattle as the Senior Vice President in charge of credit administration in the Northwest for Union Bank. Steve has held a variety of commercial banking roles escalating in responsibility from commercial loan business development to leading the regional work out department of a major bank. He has been a director of the Northwest Chapter of the TMA since 2004 and is currently a member of the TMA’s national board of directors. He is a Certified Public Accountant with an undergraduate degree in Accounting from Loyola University, Los Angeles, and an MBA from the University of Southern California. Daniel J. Boverman recently founded Boverman & Associates, LLC to focus his restructuring & turnaround practice in the Pacific Northwest after many years practicing nationally with Huron Consulting Group and Glass & Associates, Inc. Prior to focusing on turnarounds he was Chief Financial Officer of several successful companies including Enzymatic Therapy, Inc. He began his career with Arthur Andersen & Co. and then spent over ten years in investment banking and private equity investing as CFO of TXL Capital Group, President of TXL Securities Corporation and Principal in Genstar Capital Partners, where he led or was involved in numerous mergers, acquisitions and debt and equity financings and creation of substantial value. Mr. Boverman is a Certified Public Accountant (Inactive / California), a Certified Turnaround Professional, a Director, Member and Treasurer of the Northwest Chapter of the TMA and a member of the Association for Corporate Growth and the Oregon Entrepreneurs Network. Mr. Boverman holds a B.S. in Business Administration from the University of California, Berkeley, 1982. Nina Gerbic is the Accounting, Auditing & Special Projects Partner at Dawson & Gerbic, LLP. She is an accountant, economist, business valuation specialist and restructuring advisor. Ms. Gerbic is a Certified Public Accountant, a member of the Washington Society and American Institute of Certified Public Accountants, and a member of the Quality Assurance Review and the Peer Review Oversight Committees for the Washington State Board of Accountancy. She holds an M.A. in Economics from the University of Washington. She is a Chartered Financial Analyst chartholder, a Certified Forensic Financial Analyst with specialized training in Advanced Economic Damages, Fraud Prevention and Detection and Forensic Accounting, and is Certified in Financial Forensics. Ms. Gerbic is Accredited in Business Valuation and is a Certified Valuation Analyst. She is a Certified Insolvency and Restructuring Advisor (“CIRA”) and a member of the American Bankruptcy Institute and of the TMA, where she is a Northwest Chapter Director and the 2009 Membership Chair. Ms. Gerbic holds a B.S. in Accounting from St. Cloud State University in Minnesota. V. Philippe (“Phil”) Lalonde is of Counsel at Brownlee LLP in Calgary where his preferred areas of practice are Litigation with an emphasis in Insolvency & Restructuring, Contracts & Corporate Litigation, Construction Litigation, Real Property & Municipal Law Litigation, Directors and Officers Liability/Protection, Products Liability and Professional Negligence Litigation. Philippe is a member of the Law Society of Alberta, the Calgary Bar Association, the Law Society of Upper Canada (Ontario), the Canadian Bar Association and the International Insolvency Association (INSOL). He has been a speaker and guest lecturer at workshops and seminars on the areas of directors and officers liability/protection and corporate insolvency. Mr. Lalonde received his preparatory education at the University of Saskatchewan (B.A. 1979) and legal education at the University of Toronto (LL.B. 1979). He was called to the Ontario Bar in 1981 and the Alberta Bar in 1988. Bruce Leaverton is a Director of the Northwest Chapter of TMA and a partner in the law firm of Lane Powell. He has practiced business finance and bankruptcy law for more than 23 years, representing over that time borrowers, secured lenders, debtors, creditors’ committees, bankruptcy trustees, indentured trustees, and state and federal court receivers. In parcticular, he has considerable experience representing corporate clients in complex financial restructurings, recapitalizations, intellectual property disputes, and mergers and acquisitions, both inside and outside of bankruptcy court. His representation of corporate borrowers is aided and informed by his considerable experience and understanding of the other side of the table, based on his representation of various institutional lenders in distressed secured loan and workout matters. His practice has also included a wide variety of litigation and administrative matters concerning financial issues, including intercreditor disputes and a variety of investigative and enforcement proceedings by the U.S. Securities and Exchange Commission. Conrad Myers, is the founder of Myers & Co, a Portland-based distressed business consulting practice since 1993. The firm specializes in turnaround consulting and interim crisis management for troubled businesses and assisting their creditors both in and out of bankruptcy throughout the Western United States. The firm’s client base has included private and public companies from $20 to 500 million in sales and covered a broad diversity of industries. The firm has a wealth of experience in situations where the resolution for a troubled company was a business sale in whole or part. Myers has worked in the troubled business arena for over 22 years and has also served in numerous cases as a Chapter 11 Trustee, Examiner, Creditor’s Committee Financial Advisor and State Court Receiver. Myers has also served as the Plan Administrator and Post Confirmation Disbursing Agent in numerous Chapter 11 cases. Conrad is a native of the UK and a graduate of Lincoln College, Oxford University. He is qualified as both a CPA as well as a UK Chartered Accountant. Conrad’s financial expertise is grounded in 10 years of public accounting, audit, and consulting experience at Arthur Andersen & Co and Price Waterhouse. Conrad worked in senior financial management positions in the high technology, retail and real estate sectors, including several years as CFO for Wickes Companies Inc’s real estate and discontinued assets division. Conrad is a Certified Turnaround Professional, a director of the Northwest Chapter and its former President. He serves on the Chapter Resources and Response and CTP Certification Oversight committees of TMA. Ragan Powers is a Partner in Davis Wright Tremaine LLP where he represents investors, secured and unsecured lenders, debtors and lessors in restructuring and bankruptcy. He handles out-of-court workouts and restructurings, consensual and litigated Chapter 11 cases, distressed business transactions and related litigation. Ragan has helped clients with a range of issues including underperforming equity investments, large secured transactions, management of troubled loan portfolios and distressed financing arrangements. He has been named as one of “America’s Leading Lawyers for Business” in Bankruptcy/Restructuring (Washington) by Chambers USA, 2005-2009; as one of the “Best Lawyers in America” in Bankruptcy and Creditor-Debtor Rights Law by Woodward/White, 2001-present; and as one of "155 Top Lawyers" by Seattle Magazine and Seattle Business Monthly, 2007 and selected to “Washington Super Lawyers,” Law & Politics, 20012002, 2004, 2006-2009 Mr. Powers is a member of the American Bankruptcy Institute, the American Bar Association and the TMA and a Director of the Northwest Chapter of the TMA. He holds a J.D., University of Washington School of Law, 1981, Order of Barons, Member, Moot Court Honor Board and a B.A., Economics, Political Science, University of California, Davis, 1978, with highest honors. Katriana (“Katy”) L. Samiljan is the Second Vice President of the TMA Northwest Chapter and conference chair for TMA’s 2009 Cross-Border Conference. She is a partner at Bush Strout & Kornfeld in Seattle, where she specializes in commercial debtor issues, emphasizing workouts, restructurings, and Chapter 11 reorganizations. She has represented clients in diverse industries, including paper, grocery, power and telephone, farming, software and commercial real estate. She has been named a Rising Star in Washington Law & Politics from 2001 through 2008. Katy received her law degree from Harvard University, and also completed her undergraduate studies at Harvard University, where she graduated magna cum laude. Panelists, Speakers and Honored Guests Louise De Carl Adler is a judge of the United States Bankruptcy Court for the Southern District of California. In January 2001, she completed a five-year term as Chief Judge. She served as the first female President of the National Conference of Bankruptcy Judges (1994–95). She also served as its vice-president, secretary and as a member of the NCBJ’s Board of Directors. Judge Adler was also a member of the Board of Trustees of the NCBJ’s Endowment for Education. She is a fellow in the American College of Bankruptcy. Judge Adler was a founding member and a member of the board of the San Diego Bankruptcy Forum. She was also a founding member and member of the board of Lawyers Club of San Diego. Prior to her appointment to the bench in l984, Judge Adler was in private law practice in San Diego for 12 years, specializing in debtor and trustee representation and serving as a trustee in bankruptcy. She is a graduate of Loyola University of Chicago School of Law. Among the notable cases handled by Judge Adler have been the Roman Catholic Diocese for San Diego; Maruko, Inc., the first coordinated international reorganization with Chapter 11 cases filed in both the United States and Japan; Thrifty Oil Co.; Leap Wireless International (a national cell phone company and its 65 related companies) and the successful reorganization of the San Diego Symphony. Judge Adler was a parcticipant in the World Bank Insolvency Initiative and is a co-author of International Insolvency, a reference book for bankruptcy judges. She received the 2007 Trial Judge of the Year award from the Consumer Attorneys of San Diego for her work in the Chapter 11 of the Roman Catholic Diocese of San Diego case. Peter W. Armstrong is a Vice President of and Forensic Practice Leader in British Columbia for KPMG Forensic Inc. and an Associate Partner, KPMG LLP. Mr. Armstrong has wide-ranging experience in fraud risk management, investigation and the quantification of economic losses. Mr. Armstrong has qualified as an expert in the area of economic loss quantification and testified on various matters before courts in Ontario, Alberta and British Columbia. Services offered by Mr. Armstrong and his associates include investigation, litigation support, fraud risk management, forensic technology, corporate intelligence, physical security and anti-money laundering advisory services. He has performed numerous Canadian and international fact-finding investigations looking at the issues of fraud, theft and misconduct over the course of his career. His assignments have taken him to the United States, the Caribbean and a number of countries in Asia, including China, Indonesia, India and Bangladesh. Peter is a Canadian Chartered Accountant who is designated by the Canadian Institute of Chartered Accountants as a specialist in the area of investigative and forensic accounting, Canadian Institute of Chartered Accountants. He is also a Chartered Business Valuator and a Current Member of the Boards of the Alliance for Excellence in Investigative and Forensic Accounting, established by the Canadian Institute of Chartered Accountants and the Corporate Litigation Journal, published by Federated Press. Carl Blackstone is an Assistant United States Attorney for the Western District of Washington. He currently supervises the Complex Crimes Unit, which is responsible for prosecuting a number of federal crimes including, corporate fraud, cyber crime, investment fraud, mortgage fraud, bank fraud, environmental crimes, health care fraud, public corruption, procurement fraud and tax fraud. Prior to becoming a federal prosecutor, Carl worked at Morrison & Forester in San Francisco after having completed a clerkship for Ninth Circuit Judge Cecil Poole. Carl is a graduate of the University of California at Berkeley and received his law degree from the University of Oregon. Chief Justice Donald I. Brenner The Chief Justice was appointed a Judge of the Supreme Court of British Columbia in 1992 and Chief Justice of the Court in 2000. Prior to his judicial appointment in 1992 he was in private practice with Brenner & Company in Vancouver. The firm specialized in the field of insurance defence in the areas of aviation, products liability, and professional indemnity. Gayle Bush specializes in representing commercial debtors in the Northwest. He is a founding partner of the firm Bush Strout & Kornfeld. He has significant experience with financial problems involving a wide variety of businesses. He is a Fellow of the American College of Bankruptcy. He is AV-rated and has been included in every edition of The Best Lawyers in America since 1985. In the annual poll of lawyers conducted by Washington Law and Politics, he has been voted one of the states ten top Super Lawyers for the past three consecutive years, and has been the second highest Point Getter each of the past two years. He was named one of Seattle Magazine’s Top Lawyers 2004-2008, is a former President of the Federal Bar Association (WDWA), has served as an Elected Delegate to the Ninth Circuit Judicial Conference, is a former Trustee of the Young Lawyers Section of the King County Bar Association, and was a law clerk to Justice James Dolliver of the Washington State Supreme Court. Arcticles authored by Mr. Bush and seminar publications are on his firm’s website at www.bskd.com. Shirley Dunn, CTP, is a senior level financial executive with extensive experience in the turnaround and restructuring of under-performing companies. She has significant skills in crisis management, strategic planning, crisis cash management, cash forecasting, corporate finance and the development and implementation of revenue enhancement and cost containment strategies. Ms. Dunn has broad experience with successful Chapter 11 Bankruptcy reorganizations and she has served as a Chief Restructuring Officer to the Debtor and Chapter 11 Trustee. Ms. Dunn is a Certified Public Accountant and practiced with Arthur Andersen & Company from 1975 – 1979. She holds a number of specialized certifications, including Certified Turnaround Professional (“CTP”) and Certified Insolvency and Restructuring Advisor (“CIRA”). She graduated with a B.S. in Business Administration from Portland State University. Ms. Dunn worked for Hamstreet & Company from 1991 to 1999 and following a merger, with Glass & Associates, she was a partner from 2000 to 2004. She joined Hamstreet & Associates in 2004. Ms. Dunn is a member of the Turnaround Management Association (“TMA”). She has served on the Board of Directors of the TMA as Vice President during 2003 and 2004. Ms. Dunn has served as a Director of the Association of Certified Professionals (“ACTP”) from 2005 to 2007. In 2002 she was President of the Northwest Chapter of the TMA. CON F E R E NC E P L AN N E R S, PAN E LI STS, SP E AK E R S & HONOR E D GU E ST Brad Edgelow is Vice President USM Capital. He has held sales and marketing positions in the technology and lease financing industry for over 30 years. Brad began his career at IBM, before moving into the technology financing business with CIS Canada 10 years later. Most recently, as Vice President with ICON Capital, headquartered in NYC, his responsibilities included technology financing, non-IT financing and corporate restructuring through financing “business essential” capital assets of various descriptions. US Micro, based in Atlanta, acquired ICON’s technology (IT) lease portfolio in the spring of 2008. Brad maintained responsibility for USM’s IT lease financing and technology brokering services in the Pacific Northwest and Western Canada. He graduated from the University of Calgary with Bachelor of Commerce with Distinction. He is based in Vancouver, B.C. Clyde Hamstreet, CTP, (Honoree, Friday Dinner Event) has been a leading figure in the national turnaround industry for more than fourteen years, with over 20 years of experience in business consulting and restructuring. He originally founded Hamstreet & Company in Portland, Oregon, in 1988. In 1999, he joined forces with two other regional firms to form Glass & Associates, which he then helped lead to national prominence. Five years later, Mr. Hamstreet left Glass and founded Hamstreet & Associates, with a focus on corporate restructuring and turnarounds. Mr. Hamstreet is well known in the industry for building consensus among diverse groups of people. His commitment to finding win-win solutions enables him to bring employees, management, creditors and shareholders together to achieve successful turnarounds. He is recognized for his ability to assess companies insightfully, to develop strategic plans of attack, to identify and resolve through effective negotiation the critical concerns of lenders, and to provide the necessary direction for management and employees to attain ambitious goals. His outstanding ability to understand complex business issues and translate them accurately for the benefit of non-experts is the foundation of his communication and leadership skills. With an expertise in corporate finance, management, and governance, Mr. Hamstreet has held management positions in many corporations, including Chief Executive Officer, Chief Restructuring Officer, President, Chief Financial Officer, and Director. He has successfully restructured large and mid-size companies and has led many initiatives to restore underperforming corporations to profitability. His experience includes the strategic repositioning of core operations, complex refinancing arrangements, aggressive cost reductions, divestitures, and intensive management of working capital. He recently completed a twenty-two month engagement serving as the Chief Restructuring Officer of a $1.5 billion company, whose restructured operations and balance sheet gave birth to sustainable earnings after years of losses. Mr. Hamstreet has served as an expert witness in numerous federal cases, and multi-million dollar arbitration matters. He has also advised corporate boards on improving governance processes and the effectiveness of the relationship between board and management. In addition to being a CTP, Mr. Hamstreet has served in leadership positions of the Northwest Chapter and National TMA and the Association of Certified Turnaround Professionals. He has been nominated for Turnaround Practitioner of the Year three times, winning the award in 1994 and again most recently in 2005. Mr. Hamstreet serves or has served on local and state boards and commissions, as well as nonprofit and corporate boards. He holds a B.S. in Business Administration from Oregon State University. William (“Bill”) S. Hanneman is one of two co-founders of the Seattle based Investment Bank, Zachary Scott & Co. (Scott is Bill’s middle name). At Zachary Scott, Bill specializes in mergers and acquisitions, complex valuation issues, and fairness opinions as well as a variety of corporate finance engagements. Since the founding of Zachary Scott in 1991, Bill has advised on the valuation, purchase, recapitalization, or sale of a wide variety of middle-market companies, including companies in financial distress. A summary of many of the transactions Bill has managed can be seen in Zachary Scott’s website at www.zacharyscott.com. Most recently, Bill was responsible for the sale of the assets of the mechanical contractor W. A. Botting Company out of bankruptcy. In addition to these transactions, Bill has been engaged in a wide range of consultancy assignments typically related to corporate value or corporate finance, including business and strategic planning, capital structure design, ESOP’s and succession planning. Bill is a contributing author to Zachary Scott’s quarterly publication Insight on the Capital Markets, copies of which can be accessed from Zachary Scott’s web site. Collectively, Zachary Scott has managed nearly $4.0 billion of transactions. Kibben Jackson is a Partner in the Litigation and Dispute Resolution Group of Fasken Martineau. Mr. Jackson’s practice is in general corporate and commercial litigation with a focus on insolvency, corporate restructurings and secured creditor realization. He has worked with most of Canada's largest financial institutions and trustee firms, including in relation to bankruptcies and receiverships, and has represented both debtors and creditors in connection with significant reorganizations and debt restructurings. Prior to joining Fasken Martineau, Mr. Jackson clerked for the Chief Justice of British Columbia at the British Columbia Court of Appeal. Currently, Mr. Jackson serves on the Executive Committee of the Vancouver Bar Association. Mr. Jackon is an Executive Committee Member, Vancouver Bar Association and a Member, Civil Litigation and Insolvency Sections of the British Columbia and Canadian Bar Associations. Armand J. “(“Jay”) Kornfeld is partner at the law firm of Bush Strout & Kornfeld. He represents companies in commercial creditor and debtor issues, emphasizing workouts, restructurings, and Chapter 11 reorganizations. Over the years, he has represented clients in diverse industries, including commercial fishing, telecom, wood products, retail, grocery, and commercial real estate. His recent representations include Brown & Cole Stores (grocery chain with 30 stores) in its Chapter 11 reorganization and Larry’s Markets in its Chapter 11 sale. He is the former Chair of the SeattleKing County Bar Association Creditor-Debtor Section. He has been recognized in: The Best Lawyers in America 2001-2008 editions; Chambers USA, America's Leading Lawyers for Business, Bankruptcy Section 2005-2008 editions; Washington Law and Politics Super Lawyers 2000-2008 (including Top 100 Lawyer in Washington in 2007-2008). Mr. Kornfeld graduated from the University of Washington School Of Law with high honors, and completed his undergraduate work at the University of Notre Dame. Bruce A. Markell was sworn in as a bankruptcy judge in July of 2004. Before taking the bench, he practiced bankruptcy and business law for ten years and was a law professor for fourteen years. He is the author of numerous arcticles on bankruptcy and commercial law, and a co-author of four law school casebooks, one of which will soon be translated into Japanese. He contributes to Collier on Bankruptcy, and is a member of its editorial advisory board. He is a conferee of the National Bankruptcy Conference, a fellow of the American College of Bankruptcy, a member of the International Insolvency Institute, and a member of the American Law Institute. Since 2007, he has been one of six judges on the Ninth Circuit’s Bankruptcy Appellate Panel. He has been an adviser to the United Nations on secured transactions and to the Republic of Indonesia on bankruptcy reform. He was the International Bar Association’s representative to the meetings that lead up to UNCITRAL’s promulgation of a convention on the assignment of receivables. Robert Prior is the Chief Federal Prosecutor with the Public Prosecution Service of Canada (“PPSC”) in British Columbia since 1996, where he is responsible for the conduct of all federal prosecutions that arise in British Columbia. Mr. Prior’s responsibilities have a heavy emphasis on drug offences, organized crime, tax evasion and environmental offences. Mr. Prior has been a prosecutor with the PPSC since 1988. Mr. Prior received is Bachelor of Laws from Osgoode Hall Law School in 1986 and a Bachelor of Science, with honors, from the University of Toronto in 1983. Mitch Reed is a Senior Vice President, Corporate Finance in Prudential Capital’s San Francisco office. He is responsible for a team which covers Arizona, Colorado, Montana, Oregon, and Washington, and manages a $1 billion portfolio of senior term debt, bank loans, subordinated debt, and private equity investments. Mr. Reed joined Prudential Financial in 1991 and spent two years in marketing and analysis of life and health insurance products before transferring to Prudential Capital in 1993. Prior to moving to San Francisco in 1996, Mr. Reed originated and managed investments in Prudential Capital’s Atlanta and Newark offices. In aggregate, he has invested approximately $4 billion in more than 100 transactions. Mr. Reed graduated from Amherst College and holds the Chartered Financial Analyst designation. John Rizzardi Since 1979, John has provided strategic and general business planning to a wide range of companies and their owners, as well as litigation and dispute resolution assistance, to clients in his business, insolvency and litigation practice. John is currently serving on the Executive Committee of the Washington State Bar Association’s Creditor/Debtor Section. In addition, he has served as the Northwest Chapter of the TMA’s President in 1999, International President of the TMA from 2002 to 2003, and was the International Chairman through 2004. He is currently serving as the chair of TMA’s Past Chairs’ Council and is a member of the TMA Task Force reviewing TMA’s governance structure. John has been honored by Seattle Magazine as a 2001, 2003, 2005 and 2007 “Top Lawyer”, has been named by Washington Law & Politics magazine as a “Super Lawyer” for nine consecutive years (2001 - 2009) and in the 2009 Corporate Counsel edition and was listed in Seattle Business Monthly as a “Top Business Lawyer” in 2006 and 2007. Stephen M. Schiller is a Managing Director of Gordian Group. Prior to joining Gordian, he served as an investment banker at Citigroup, where, at various points in his career, he led the bank’s financial institutions mergers and acquisitions practice, its Asian M&A business and its sell side business. He has over 20 years of experience in financial restructuring and complex M&A. At Gordian, Mr. Schiller works in the firm’s restructuring practice and in its marketing efforts. Mr. Schiller is a member of the Board of Directors of Student Sponsor Partners. He received a Bachelor of Arts degree in International Relations, Phi Beta Kappa, from Stanford University and is a graduate of the University of Michigan Law School. William (“Bill”) E. J. Skelly is the partner in charge of the Vancouver Lending and Restructuring Group of Heenan Blaikie LLP. Bill practices corporate and commercial law, with a focus on the restructuring of national and international companies, bankruptcy matters and corporate and commercial lending. Bill acts for debtors, Trustees, Receivers, Monitors and many of Canada’s largest financial institutions. Mr. Skelly has published numerous papers and arcticles and lectured at many conferences on various insolvency topics, is a contributing author to the British Columbia Personal Property Security Act Practice Manual and is peer rated as repeatedly recommended in the annual Lexpert survey. He is a member of the business law, banking law and insolvency subsections of the British Columbia branch of the Canadian Bar Association. In 2007, Mr. Skelly was selected as the first non-American to be the President of the TMA. In 2008, he was the Chairman of the Board of TMA International. He is also the PastPresident (2003) and a director of the Northwest Chapter of the TMA. Bill was called to the Manitoba Bar in 1980 and to the British Columbia Bar in 1989. He was a major in finance at the University of Manitoba in the Faculty of Commerce prior to obtaining his law degree from the University of Manitoba in 1979. Teri Stratton is a Senior Vice President in the Los Angeles office of Macquarie Capital (USA) Inc. Ms. Stratton focuses on providing capital markets, mergers and acquisitions, and restructuring advisory services to middle market companies. Previously, Ms. Stratton had eight years experience in corporate banking, serving in both credit administration and special assets. Ms. Stratton earned a Masters of Business Administration in Finance, with Honors, from The Anderson School at UCLA and her undergraduate degree in Economics from the University of California at Los Angeles. She is a member of the American Bankruptcy Institute, the Turnaround Management Association, and the Association of Insolvency & Restructuring Advisors (AIRA) for which she is also a board member and is a Certified Insolvency Restructuring Advisor. She has worked in several Pacific Northwest restructurings including Consolidated Freightways, Crown Pacific Holdings, Larry’s Markets, Brown & Cole Stores, a private homebuilder, and two private building products companies. David F. Taylor is a Partner in the Seattle office of Perkins Coie L.L.P. and Firmwide Co-Chair, Investigations & White Collar Defense Practice. Mr. Taylor is a trial lawyer with more than 20 years' experience representing clients in civil and criminal litigation and investigations throughout the United States. A former Assistant United States Attorney, Mr. Taylor’s experience includes grand jury investigations and criminal prosecutions, SEC enforcement actions, securities class actions, derivative lawsuits, director and officer liability claims, common law fraud, False Claims Act cases, RICO claims and contract disputes. Mr. Taylor also regularly leads internal corporate investigations on behalf of companies and board committees and advises clients concerning corporate governance issues, director and officer liability, employee misconduct and fraud, and the design and implementation of corporate compliance programs. Mr. Taylor received his J.D. from Harvard Law School, magna cum laude, 1986 and holds a B.A. from Middlebury College, summa cum laude, Phi Beta Kappa, 1982 and is admitted to the bars of Washington and Oregon. Justice Juliana E. Topolniski was appointed to the Court of Queen’s Bench in 2003. She sits mainly in Edmonton, Alberta and is a member of the Court's Commercial List. Before her appointment, Justice Topolniski was a partner of Bishop & McKenzie LLP where her practice was focused in the areas of commercial litigation and insolvency. A CCO M M O D AT I O N S he Northwest Chapter is pleased to hold the 10th Annual Cross-Border Conference at The Arctic Club Hotel in Seattle, Washington. T To book your room, contact the Arctic Club Hotel directly at 1 (206) 340-0430 and ask for the Northwest Turnaround Management Association group. Rooms blocked are $169, plus tax. The number of blocked rooms is limited, so please book your rooms early. (Room block at the hotel expires August 31, 2009 following which registrants may need to seek off-property accommodations.) WEEKEND ACTIVITIES Saturday, September 13: Daytime: Golf – Enjoy a morning playing golf at the prestigious Newcastle Golf Club. Situated on 350 acres with panoramic views of Mt. Rainier, the Olympic and the Cascade mountains, The Golf Club at Newcastle consists of two 18-hole public courses (Coal Creek and China Creek), extensive practice facilities and a 44,000square-foot clubhouse. Designed by acclaimed golf course architect Robert E. Cupp in consultation with Masters Champion Fred Couples, the tournamentcaliber, full-facility complex features challenging fairways and greens, an allweather driving range, an 18-hole bent-grass putting course, three holes for pitching, putting and chipping, and lessons and clinics for golfers of all abilities OR Scenic Puget Sound and Lake Union Boat Cruise Take a cruise through the salt water of Puget Sound and the fresh water of Lake Union via the Hiram Chittenden Locks. Enjoy live narration of Seattle's history, while viewing the historic waterfront. View the spectacular city skyline one of the world's largest shipping terminals, the majestic Cascade and Olympic mountain ranges and the "Sleepless in Seattle" houseboat community. Evening: Gala Cocktail Reception & Dinner Columbia Tower Club, 75th floor of Columbia Tower downtown Seattle. Fine dining at its best with a spectacular view of the city. C R O S S - B O R D E R C O N F E R E N C E R E G I ST R AT I O N Thursday, September 10, 2009 – Sunday, September 13, 2009 • Arctic Club Hotel • Seattle, Washington Name: __________________________________________________________________________________________________ Company Name: ___________________________________________________________________________________________ Address: _________________________________________________________________________________________________ City Province/State Postal Code/Zip Code: __________________________________________________________________________ Phone (Residence): _________________________________________________________________________________________ Phone (Office): ____________________________________________________________________________________________ Phone (Cellular): ___________________________________________________________________________________________ E-mail Address: ____________________________________________________________________________________________ REGISTRATION (All prices U.S. dollars) Early Bird Registration (through August 31, 2009) Registrations received after August 31, 2009 _____________ $625.00 U.S. TMA Members _____________ $725.00 U.S. TMA Members _____________ $725.00 U.S. Non-TMA Members _____________ $825.00 U.S. Non-Members _____________ $345.00* U.S. Accompanying Spouse/Guest _____________ $345.00 U.S. Accompanying Spouse/Guest Guest:____________________________________________ Guest:____________________________________________ * Spouse/Guest Registration includes opening reception on Thursday evening, Friday reception and dinner, Saturday breakfast, reception and dinner. GROUP EVENTS & WEEKEND ACTIVITIES (please indicate below the number of people parcticipating in each event) Thursday, September 10, 2009 • Opening Cocktail Reception, Arctic Hotel Dome Room ■ I will be attending the dinner. ■ I will be bringing a registered guest to the dinner. ■ I will not be attending the dinner. Friday, September 11, 2009 • Reception & Dinner, Honoring Clyde Hamstreet, CTP, Hamstreet & Associates ■ I will be attending the dinner. ■ I will be bringing a registered guest to the dinner. ■ I will not be attending the dinner. Saturday, September 12, 2009 • Gala Reception & Dinner at Columbia Tower Club, 6:00 p.m., walking distance from hotel. Included in conference price, please indicate whether you and your registered guest will be attending the dinner. ■ I will be attending the dinner. ■ I will be bringing a registered guest to the dinner. ■ I will not be attending the dinner. Saturday, September 12, 2009 _____________ Newcastle Golf Club • Please gather near the main lobby entrance at 8:00 a.m. $250 US/CAD – (Includes lunch, golf cart, practice tee, and transportation from the hotel to the golf course.) Please provide your handicap (maximum 30):_________________ _____________ Scenic Puget Sound and Lake Union Cruise • 11:00 - 4:00 p.m. Please gather near the main lobby entrance at 11:00 a.m. $46.00 per person U.S. – (Includes box lunch.) Register online at Register by Mail: Please submit registration form and Payment to: TMA NORTHWEST • 3439 NE Sandy Blvd #350 • Portland, OR 97232 www.turnaround.org/register.asp ■ Please bill my credit card for the following amount: ______________________________ For information contact Diana Montgomery Northwest Chapter Administrator (503) 768-4299 ■ MasterCard ■ VISA ■ AMEX Card Number __________________________________ Expiration Date (MM/YY) ___________________________________________________ Name on Card __________________________________________________________ Signature ______________________________________________________________ [email protected] Form 2 Sponsoring Organization Certificate of Attendance Verification Form This form serves as a certificate of attendance in the event that the sponsoring organization does not provide such a document. It is mandatory that this form be verified by a representative of the sponsoring organization through his/her completion of the lower portion of the form (the CTP may complete the upper portion of the form). It is the responsibility of the CTP to request this verification and submit the completed form, along with a copy of the course agenda or other documentation reflecting the hours and content of the program. TO BE COMPLETED BY CTP Name Date of Submission Company Address City, ST, Zip, Country Phone/Fax Email Program Name Sponsoring Organization Date(s) of Program Program Description (i.e., 2009 TMA Cross-Border Conference TMA Chapters September 11 – 12, 2009 Regional Conference conference, webinar, seminar) Signature TO BE COMPLETED BY EVENT SPONSOR I verify this individual’s hours of attendance at the program listed above. Hours of Attendance: Printed Name of Sponsoring Organization’s Representative Representative’s Title: Representative’s Signature: 6.5 CPE credits [5 general credits; 1.5 Ethics credits]