Sheppard Mullin's Restructure This‪!‬ Sheppard Mullin, with Justin Bernbrock

Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, Paul Figliozzi and Michael Gil of Marsh join us to discuss the critical issue of director and officer risk, particularly in the context of an unstable economy and financially distressed companies.
 
What We Discussed in This Episode:
How has the recent uptick in restructuring activity and the banking crisis impacted the D&O market in terms of the claims you're seeing and with respect to premiums?
Assuming the banking panic is unlikely to abate anytime soon, what advice would you offer companies in the financial sector and elsewhere?
Are you seeing more clients request a review of their D&O programs?
What concerns or issues are typically revealed in these reviews?
How often are D&O claims asserted in the context of a Chapter 11 filing actually successful?
Now that we're on the trailing edge of the SPAC trend, do you perceive any unique risks to directors and officers, especially related to de-SPACing?
What common mistakes or misconceptions do you see in the SPAC market?
Have you seen any instances where ESG forms the basis of a D&O claim?



About Michael Gil
Michael Gil is the co-leader of the Turnaround and Restructuring Practice and a senior client advisor in Marsh’s Financial and Professional (FINPRO) Practice.  FINPRO’s Turnaround and Restructuring practice provides solutions through a team of technical experts that help clients navigate all aspects of insurance placements in the context of turnaround, restructurings, bankruptcy and emergence.
 In this role, he is responsible for the management of select client accounts. Those responsibilities include overseeing client service teams in formulating the strategy, structure, coverage analysis, and placement of financial lines insurance programs including directors and officers liability, employment practices liability insurance, professional liability (errors & omissions), fiduciary liability and fidelity (commercial crime).  He also has significant experience in advising clients on the insurance implications of M&A activity and initial public offerings.
His clients range from large public organizations to private companies. Michael’s strengths include high responsiveness, attention to detail, and creativity in formulating insurance solutions, together with an ability to provide significant insights on policy wording and coverages from legal and claims perspectives. Michael has strong professional relationships with underwriters in the marketplace that drive best in class coverage terms and program pricing for his clients. 
 
About Paul Figliozzi
Paul Figliozzi is a Managing Director of Marsh Inc., in the Financial and Professional Services (FINPRO) division and a member of the FINPRO Executive Leadership Team. Paul oversees FINPRO’s Private Equity and M&A (PEMA) practice and co-leads both the Turnaround & Restructuring Group (T&RG) and the Special Purpose Acquisition Company (SPAC) Practice. 
FINPRO PEMA consists of two brokerage teams with fifteen colleagues and is focused on the risk transfer needs of PE firms as well as their portfolio companies. Given the broad reach of PE funds, the portfolio company clients stretch across private and public markets. The team brings an industry focus with concentration in the Retail, Life Science, Energy, Communications, Media and Technology sectors. The T&RG advises clients throughout the life cycle of a financial restructuring. The SPAC Practice is dedicated to the FINPRO insurance needs of SPACs, SPAC sponsors and SPAC targets.
Prior to his current role, Paul led the FINPRO Risk Management group for the New York Metro region. FINPRO’s New York Risk Management group is dedicated to the needs of publicly traded companies relative to management liability insurance, Cyber liability and other financial l

Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this week's episode, we delve into real estate development with Emily Gottlieb of AW Properties Global, including discussing commercial-to-residential conversions, redeveloping vacant land, and more.
 
What We Discussed in This Episode:
What got you interested in restructuring?
What is your precise role at AW Properties? What does your day-to-day look like?
What correlations can you draw between your current role and your former life as a bankruptcy attorney?
What are your primary sources of business development or business origination?
How is the auction component offered by AW properties unique and different?
What are you seeing in the commercial real estate market?
Will we see more commercial-to-residential conversions?
Why is it so difficult to redevelop vacant land?
What can you tell us about a recent Sub 5 case you were involved in?
What insights would you offer a bankruptcy attorney looking to transition out of traditional law practice?
 
About Emily S. Gottlieb
Emily S. Gottlieb has more than 18 years of experience in the restructuring industry. She began her career as a real estate attorney working on large commercial transactions at Faegre Drinker Biddle & Reath and transitioned into a bankruptcy practice. Emily continued her restructuring work at DLA Piper, representing debtors, creditors, committees, financial institutions, Trustees and receivers in all aspects of Chapter 11 and Chapter 7 proceedings, workouts and litigation.
For over a decade, Emily worked for a prominent national bankruptcy and class action administration company as a business development executive and head of Midwest operations, where she managed the Chicago office. Prior to joining AW Properties, she was on the senior leadership team of a major not-for-profit organization in Chicago.
Emily is active in the turnaround community as a member of TMA and IWIRC and previously served on the board of IWIRC Chicago. In addition to being an attorney, she is also a licensed real estate broker and a member of the Chicago Association of Realtors (CAR) and the National Association of Realtors (NAR).
 
About Justin Bernbrock
Justin Bernbrock is a partner in the Finance and Bankruptcy Practice Group in Sheppard Mullin's Chicago office, where he focuses on all aspects of corporate restructuring, bankruptcy and financial distress. He represents clients across a wide range of matters, including debtor and creditor representations. He has substantial experience in out-of-court and in-court restructurings, primarily in the Southern District of New York, Eastern District of Virginia, District of Delaware and Southern District of Texas.
 
Contact Information: 
Emily S. Gottlieb
 
Justin Bernbrock
 
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.
 
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
 
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this week's episode, we welcome Ashley Barriere, partner at Keller Postman LLC, to discuss the 3M Combat Arms Earplug multidistrict litigation and the subsequent Chapter 11 bankruptcy filing by 3M subsidiary Aearo Technologies from the perspective of the plaintiffs she represents: military veterans seeking recovery for injuries related to the earplugs.
 
What We Discussed in This Episode:
The 3M Combat Arms Earplug multidistrict litigation (MDL) and what makes it unique
The jurisdictional tension between the multidistrict litigation overseen by an Article III judge versus the Aero Technologies bankruptcy overseen by an Article I judge
3M's attempt to use the government contractor defense in the MDL 
The critical difference between multidistrict litigation and a class action proceeding
The reaction by plaintiff’s attorneys and the judge overseeing the MDL on the day that Aero Technologies filed for Chapter 11
The reasoning behind the bankruptcy court denial of the debtors' motion to extend the automatic stay to non-debtors, including parent company 3M
The implications of the U.S. Appeals Court for the Third Circuit's decision on January 30, 2023 to dismiss the bankruptcy case for Johnson & Johnson’s subsidiary, LTL, as having been filed in bad faith
 
About Ashley Barriere
As a partner at Keller Postman, Ashley Barriere focuses on product-liability matters, leveraging her experience at an AmLaw25 law firm and knowledge of the intricacies of multidistrict litigation to anticipate opponents' arguments, crafting powerful legal strategies and briefs on behalf of her clients.
 
Ashley has been appointed to serve on the Plaintiffs’ Executive Committee In the Acetaminophen—ASD-ADHD Products Liability Litigation, where she will lead the Law and Briefing Subcommittee. She is also a member of the court-appointed Plaintiffs’ Steering Committee in the Onglyza and Kombiglyze XR MDL, where she chairs the Law and Briefing Subcommittee. Ashley also represents clients and briefs critical legal issues in the 3M Combat Arms Earplug MDL and the Paragard IUD MDL. 
 
Ashley served as a law clerk for Judge Eldon E. Fallon at the U.S. District Court for the Eastern District of Louisiana. Judge Fallon's work overseeing large multidistrict litigation matters inspired Ashley to join the plaintiffs' bar.



About Justin Bernbrock
Justin Bernbrock is a partner in the Finance and Bankruptcy Practice Group in Sheppard Mullin's Chicago office, where he focuses on all aspects of corporate restructuring, bankruptcy and financial distress. He represents clients across a wide range of matters, including debtor and creditor representations. He has substantial experience in out-of-court and in-court restructurings, primarily in the Southern District of New York, Eastern District of Virginia, District of Delaware and Southern District of Texas.
 
Contact Information
Ashley Barriere
 
Justin Bernbrock
 
Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.  It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
 
 

Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this week's episode, we're joined by Kobus van der Zel, the owner of Ravinia Capital Performance Improvement, a financial advisory and investment firm in Chicago. In his conversation with host Justin Bernbrock, Kobus explains what his engineering background, military service in South Africa and the Myers-Briggs personality test has to do with financial turnarounds.
 
What We Discussed in This Episode:
 
Looking back over your 20-year-plus turnaround career, what are some of the significant trends you've observed? What could those trends foreshadow for the future? At what point might events in the natural world, particularly the impacts of climate change, start driving "winters" in the economic cycle? How do trends in the context of credit cycles and special asset groups typically materialize for small family enterprises all the way up to sponsor-backed companies?   Could advisory, service-based firms in the restructuring industry better use social media and multimedia platforms to drive business development? What are some of the challenges and strategies that come into play when exiting a business?  
About Kobus van der Zel
With more than 28 years of experience in business improvement, Kobus van der Zel is passionate about helping overleveraged companies reverse the root causes of past underperformance, return to market-share growth, and achieve optimum business value in future sale transactions. As the owner of Ravinia Capital Performance Improvement, he works with business owners to realize higher valuations and effectuate successful turnarounds when they need it most. Over the last several years, Kobus has successfully guided numerous middle-market companies, including Swisher Hygiene, West Coast Commercial Printer, and Cycle Force, through the turnaround process. He is author of the 2011 book, The Forces of Progress, an exploration of the factors that fuel or hamper progress in modern companies.  
 
About Justin Bernbrock
Justin Bernbrock is a partner in the Finance and Bankruptcy Practice Group in Sheppard Mullin's Chicago office, where he focuses on all aspects of corporate restructuring, bankruptcy and financial distress. He represents clients across a wide range of matters, including debtor and creditor representations. He has substantial experience in out-of-court and in-court restructurings, primarily in the Southern District of New York, Eastern District of Virginia, District of Delaware and Southern District of Texas. 
 
Contact Information
 
Kobus van der Zel 
 
Justin Bernbrock
 
Resources
 
https://www.rcpi-capital.com/
 
 
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.
 
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
 
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

This episode is a replay of Episode 13 which originally aired on September 7, 2022.
 
Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in chapter 11 bankruptcy, commercial insolvency, and distressed investing. In this week's episode, we're joined by Cullen Drescher Speckhart, Chair of Cooley's business restructuring & reorganization practice and partner in charge of its Washington, DC office, and Rachel Ehrlich Albanese, Chair of DLA Piper's U.S. Restructuring practice and a partner in the firm's New York office, to discuss the ever-present challenge of recruiting, retaining and advancing women lawyers and professionals in the restructuring industry.
 
What We Discussed in this Episode:
 
Men account for a majority of the lawyers and other professionals in the restructuring industry. What explains this lack of parity? Is having women in leadership positions important to encouraging other women to aspire to those heights? As head of your respective firm's restructuring groups, what are your observations regarding women's experiences in law today? Do you spend time, energy and effort helping men in your group understand the contributions women attorneys and professionals can make?  Can you tell us a bit about your personal development and how you each came to be the woman you are today? What has had the most significant impact on your success in the restructuring industry? What should law firm leaders focus on as they work to improve gender parity going forward?


Rachel Ehrlich Albanese
Rachel is Chair of DLA Piper's U.S. Restructuring practice and a partner in the firm's New York office. She has nearly 20 years of experience representing secured and unsecured creditors, debtors, equity holders, purchasers of distressed assets, and other parties in interest in a wide range of restructuring matters, including cases under chapter 11 of the U.S. Bankruptcy Code, out-of-court workouts, and cross-border insolvency proceedings. 
 
Rachel has been involved in Puerto Rico's current restructuring efforts since their earliest days when she participated in dozens of meetings with U.S. Congress members and staff to develop the law that ultimately became PROMESA. She has subsequently been instrumental in many of DLA Piper's PROMESA-related matters.
 
About Cullen Drescher Speckhart
Cullen is Chair of Cooley's business restructuring & reorganization practice and partner in charge of its Washington, DC office. She is a top advocate in corporate restructuring and financial litigation, with a diverse practice spanning a range of industries, including healthcare, life sciences, technology, energy, and retail. 
 
In addition to her deep experience in complex insolvency litigation, Cullen has led some of the largest and most significant restructuring engagements in a multitude of jurisdictions, including serving as lead restructuring counsel to official creditor constituencies in Mallinckrodt and LTL Management (Johnson & Johnson), Le Tote, and 24 Hour Fitness.
 
Contact Information
 
Cullen Drescher Speckhart
 
Rachel Ehrlich Albanese
 
Resources
 
"Rachel Albanese Speaks On Independent Directors"



Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.
 
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.  It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, FTI Consulting Senior Managing Director Heath Gray joins host Justin Bernbrock to discuss current trends in the tech world. Their enlightening conversation touches on a wide range of topics, including Covid's long-term effects on the industry, the future of crypto and how the state of the economy might impact social media companies.
 
What We Discussed In This Episode:
What's behind the massive layoffs at major tech companies? COVID really underlined the importance of technology, both for remote work versus in-person positions. What were some of the struggles that plagued the tech market vs. other types of businesses? The majority of us live our lives on social media. But  current economic conditions, especially inflation, have begun placing a great deal of  pressure on social platforms. Beyond cost savings actions, what other steps can these platforms take to protect themselves?  Crypto continues to dominate the news on a regular basis, and we've started seeing lawsuits that raise a range of novel issues, including many that are  being resolved in real-time. Have we reached a point where the government needs to decide whether this industry should be regulated differently?  How could the rise of social media companies and the emergence of more tech-based tech-based impact technology? What sort of pressure will current economic conditions bring to bear on subscriber services?  
About Heath Gray
 
Heath Gray is a senior managing director at FTI Consultancy, where he specializes in advising public and private companies on large-scale transformations, turnarounds and transactions. Mr. Gray regularly serves in interim executive roles and as a senior advisor to management teams, boards of directors, special committees and private equity investors. He has extensive experience with complex international M&A and restructuring matters, crisis management and corporate governance.
 
About Justin Bernbrock
 
Justin Bernbrock is a partner in the Finance and Bankruptcy Practice Group in Sheppard Mullin's Chicago office, where he focuses on all aspects of corporate restructuring, bankruptcy and financial distress. He represents clients across a wide range of matters, including debtor and creditor representations. He has substantial experience in out-of-court and in-court restructurings, primarily in the Southern District of New York, Eastern District of Virginia, District of Delaware and Southern District of Texas. 
 
Contact Information
 
Heath Gray
 
Justin Bernbrock
 
Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.
 
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.  It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.