To the Extent That...

ABA Business Law Section

Podcast by ABA Business Law Section

  1. 4d ago

    Bad Boys of Bankruptcy: S3E7: The Compound, the Cult, and the Chapter 7 Sale

    In this live-recorded episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn sits down in Boise, Idaho with longtime Chapter 7 trustee Ford Elsaesser to unpack one of the most unusual and high-profile cases of his career. The debtor, Richard Butler, was not just any Chapter 7 filer, he was the leader of the Aryan Nations, a white supremacist organization operating under the guise of a church. After a $2 million civil judgment stemming from violent acts by his followers, Butler turned to bankruptcy in a last-ditch effort to protect his 20-acre compound in northern Idaho. What followed was anything but routine. From coordinating discreet courthouse security amid concerns of extremist retaliation, to intercepting prison-sent donations and handling threatening hate mail, the case quickly became a test of both legal creativity and personal resolve. At the center of it all was the estate itself: a compound filled with Nazi regalia, propaganda, and intellectual property tied to the organization. Rather than allow these materials to reenter circulation, the trustee worked with creditors and third parties to structure a groundbreaking sale, one that not only satisfied administrative expenses and delivered recovery to victims, but ensured that the symbols of hate were permanently destroyed. This episode is a powerful example of how the Bankruptcy Code can be used not just to resolve debts, but to dismantle harmful enterprises and create a lasting positive impact.

  2. Jul 15

    From Boardroom to Courtroom: Episode 8: Shadow Insider Trading

    Sy Lorne, Senior Advisor and former Vice Chair and Chief Legal Officer at Millennium Management as well as a former General Counsel of the SEC, joins the show for a wide-ranging conversation on the evolution of securities enforcement from the inside out. The headline topic is shadow insider trading — the SEC's push to extend liability to trades in economically related securities, what Panuwat actually changed, and how a major hedge fund builds compliance around the doctrine. Sy also walks through what he's seen across his career at the SEC, Salomon Brothers, Munger Tolles, and now on the buy side, including how enforcement priorities really get set and what stays constant from one administration to the next.

  3. Jul 2

    VC Law: Episode 47: Startup Failures with Prof. Elizabeth Pollmam of Penn Law

    Host Gary J. Ross welcomes Prof. Elizabeth Pollman of the University of Pennsylvania Carey Law School to discuss her influential article “Startup Failure.” Prof. Pollman first explains why bankruptcy is often a poor fit for venture-backed companies. Then, Gary and Prof. Pollman explore the alternatives that founders and boards frequently consider, from wind-downs and assignments for the benefit of creditors (ABCs) to acqui-hires, along with the legal and practical implications of each. The conversation concludes with a look at emerging trends, including the challenges posed by increasingly large later-stage private companies.

  4. Jun 26

    Business Bankruptcy Basics: Episode 6: What Sticks and What Doesn't: The Bankruptcy Discharge Explained

    In this episode of Business Bankruptcy Basics, hosts Andrew Still and Miles Taylor are joined by Judge Cathleen Parker (Bankr. D. Wyo.) and dive into one of the most fundamental goals of the bankruptcy process: obtaining a discharge. The episode covers what a discharge is and the concept of the "fresh start," key differences between Chapter 7 and Chapter 11 discharges, the major exceptions to discharge (including non-dischargeable debts and non-dischargeability actions), and what happens when a party violates a discharge order. What We Cover in This Episode • The Bankruptcy Discharge — What is a discharge, and how does it give debtors a "fresh start"? We break down the difference between the temporary relief of the automatic stay and the permanent relief of a discharge order. • Chapter 7 vs. Chapter 11 Discharge — Not all discharges are created equal. We explore the key differences between liquidating under Chapter 7 and restructuring under Chapter 11, including why not every debtor ultimately receives a discharge. • Non-Dischargeable Debts — Some debts simply cannot be wiped out. We cover the categories Congress has carved out under Section 523, including a critical distinction: corporations cannot receive a discharge in Chapter 7 — only individuals can. • Non-Dischargeability Actions — Judge Parker walks us through adversary proceedings and what it takes to challenge a debtor's discharge in court — an extreme remedy with a high evidentiary bar and strict timing requirements. • Violations of the Discharge Order — Ignoring a discharge order means defying a direct court order. We discuss what that looks like in practice and why anyone involved in a bankruptcy case needs to understand the consequences. The content of the "Business Bankruptcy Basics" podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship. The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated. For legal guidance, please consult a qualified attorney.

  5. Jun 12

    VC Law: Episode 46: Growth Equity Investing with Jeremiah Gordon, General Counsel of CapitalG, Alphabet’s independent growth fund

    Host Gary J. Ross and Jeremiah Gordon, General Counsel of CapitalG, discuss growth equity investing and legal issues that arise at the later stages of the venture capital lifecycle. Jeremiah tells Gary that CapitalG, Alphabet’s independent growth fund, operates differently from traditional corporate venture capital. Instead of investing to serve Google or Alphabet’s strategic needs, the fund partners with companies such as Databricks, Stripe and CrowdStrike to drive financial returns and transform industries. Jeremiah discusses growth-stage diligence, the role of in-house counsel, and the new challenges created by the rapid growth in AI companies. The episode concludes with a look at exit transactions, particularly the increasing prevalence of private-to-private acquisitions.

  6. May 28

    From Boardroom to Courtroom: Episode 7: Next Chapters: Greg Varallo on Tornetta v. Musk and the Future of Delaware Corporate Law

    Greg Varallo built one of Delaware’s most respected corporate defense practices over 36 years at Richards, Layton & Finger before crossing to BLB&G’s plaintiff side in 2019. He served as lead trial counsel in Tornetta v. Musk, the largest executive compensation case ever litigated. In December 2025, the Delaware Supreme Court affirmed liability but reversed the $55.8 billion rescission. Greg joins Professor J.W. Verret to walk through Tornetta in chapters, unpack what SB 21 means after Rutledge, and preview his forthcoming article on Delaware’s path forward.

  7. May 22

    Business Bankruptcy Basics: Episode 5: Who Gets What? Creditor Claims and the Claims Objection Process

    In Episode 5 of Business Bankruptcy Basics, hosts Ella Vincent and Andrew Still are joined by Judge Daniel P. Collins of the U.S. Bankruptcy Court for the District of Arizona to break down one of the most fundamental topics in bankruptcy: creditor claims. Judge Collins walks listeners through the surprisingly broad definition of a "claim" under the Bankruptcy Code and the key categories of secured, unsecured, and priority claims. The episode also covers the payment waterfall, the treatment of undersecured claims, and the strategic importance of administrative expense priority. This episode also covers how creditors file a proof of claim, how claims become allowed, and common grounds for objections. This episode offers a clear and practical guide to understanding who gets paid and why. The content of the "Business Bankruptcy Basics" podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship. The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated. For legal guidance, please consult a qualified attorney.

  8. May 7

    From Boardroom to Courtroom: Episode 6: The Audit Committee Consiglieri

    Frank M. Placenti is a senior M&A and corporate governance lawyer who chaired the ABA Business Law Section's Corporate Governance Committee during the turbulent pandemic period. The centerpiece of this episode is a story Frank tells about a late-night call from an audit committee dealing with a rogue CEO who had engaged in insider trading and then concealed the resulting SEC investigation from both the company's auditors and its audit committee. Frank designed and managed the audit committee investigation, helped the company hire SEC enforcement counsel to walk the company through resolution with the SEC, recruited new qualified directors to reshape the company's governance and compliance programs, and got the company to the other side intact and without any shareholder litigation. Along the way he lays out lessons every investigative counsel should internalize: Audit committee counsel needs to understand the needs and concerns of the company's independent auditors and regulators and then design the investigation to produce a result that will satisfy both constituencies. Required listening for any lawyer who might one day get that midnight call.

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Ratings & Reviews

4.9
out of 5
27 Ratings

About

Podcast by ABA Business Law Section

Information

  • Creator
    ABA Business Law Section
  • Years Active
    2020 - 2026
  • Episodes
    250
  • Rating
    Clean
  • Copyright
    © All rights reserved
  • Show Website
    To the Extent That...

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