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III NextGen Leadership Program
and Class V Induction
June 5, 2016: Tokyo, Japan
TMI ASSOCIATES
Roppongi Hills Mori Tower
Tokyo Courtesy of III Member
Mitsue Aizawa
CONFERENCE FACULTY
Mitsue Aizawa
TMI Associates, Tokyo
Donald S. Bernstein
Davis Polk & Wardwell LLP, New York
Alan Bloom
Ernst & Young, London
Prof. Hon. Samuel L. Bufford
Pennsylvania State University,
University Park, PA
Thomas M. Gaa
Bialson, Bergen & Schwab, Palo Alto
Prof. Christoph Paulus
Humboldt University, Berlin
Hon. James M. Peck
Morrison & Foerster LLP, New York
CONFERENCE CO-CHAIRS
E. Bruce Leonard
Miller Thomson LLP, Toronto
Maurice Fleming
NextGen Nomination Director
Miller Thomson LLP, Toronto
Franca Tibando
NextGen Executive Director
Miller Thomson LLP, Toronto
Shinchiro Abe
Kasumigaseki International Law Office
NextGen Tokyo Organizing Committee
Nominated Delegates
Class V
Ethan J. Birnberg
Lindquist & Vennum LLP
600 17th Street, Suite 1800 South
Denver, CO 80202 USA
Tel: 303.454.0534
Email: [email protected]
Nominator
Hon. Sidney B. Brooks
United States Bankruptcy Court, District of Colorado
Email: [email protected]
Erin Broderick
Baker & McKenzie LLP
300 East Randolph Street, Suite 5000
Chicago, Illinois 60601 USA
Tel: 312.861.8935
Email: [email protected]
Nominator
Eberhard Nietzer
Amtsgericht Heilbronn
Email: [email protected]
Margie Chan
Davis Polk & Wardwell
Hong Kong Solicitors
The Hong Kong Club Building
3A Chater Road, 18/F Hong Kong
Tel: +852 2533 3325
Email: [email protected]
Nominator
Donald S. Bernstein
Davis Polk & Wardwell LLP
Email: [email protected]
Dr. Jason Corbett
Silk Legal Co., Ltd.
RSU Tower, 8th Floor, Suite 805
571 Sukhumvit Road, North Klongton
Watthana, Bangkok, Thailand 10110
Tel: +66 (0)2107-2007
Email: [email protected]
Nominator
George M. Kelakos
Kelakos Advisors LLC
Email: [email protected]
Richard A. Graham
White & Case LLP
1155 Avenue of the Americas
New York, NY 10036-2787
Tel: 212.819.7993
Email: [email protected]
Nominator
Daniel M. Glosband
Goodwin Procter
Email: [email protected]
Nava Hazan
Squire Patton Boggs LLP
30 Rockefeller Plaza
23rd Floor
New York NY 10112 USA
Tel: 212.872.9822
Email: [email protected]
Nominator
Christopher Meyer
Squire Patton Boggs LLP
Email: [email protected]
Hiroyasu Horimoto
City-Yuwa Partners
Marunouchi Mitsui Building
2-2-2 Marunouchi Chioya-ku
Tokyo 100-0005 Japan
Tel: +81 3 6212 5546
Email: [email protected]
Nominator
Masaaki Sawano
City-Yuwa Partners
Email: [email protected]
Ataru Iizuka
TMI Associates
23rd Floor, Roppongi Hills Mori Tower
6-10-1 Roppongi, Minato-ku
Tokyo 106-6123 Japan
Tel: +81 3 6438 4518
Email: [email protected]
Nominator
Mitsue Aizawa
TMI Associates
Email: [email protected]
Kizzy L. Jarashow
Goodwin Procter LLP
620 Eighth Avenue
New York, NY 10018
USA
Tel: 212.459.7341
Email: [email protected]
Nominator
Daniel M. Glosband
Goodwin Procter LLP
Email: [email protected]
Thiago Braga Junqueira
Pinheiro Neto Advogados
Rua Joao Moura
366, apt. 81
Sao Paulo, SP – Brazil
Tel: +55 11 3247 8484
Email: [email protected]
Nominator
Luiz Galeazzi
Galeazzi Associados
Email: [email protected]
Yutaka Kuroda
Nagashima Ohno & Tsunematsu
JP Towere, 2-7-2 Marunouchi, Chiyoda-ku
Tokyo Japan 100-7026
Tel: +81 3 6889 7200
Email: [email protected]
Nominator
Shintaro Taki
Nagashima Ohno & Tsunematsu
Email: [email protected]
John Middleton
International Air Transport Association (IATA)
33 Route de l’Aeroport
1215 Geneva 16 Airport, Switzerland
Tel: +44 22 770 2002
Email: [email protected]
Nominator
Robin Phelan
Haynes and Boone LLP
Email: [email protected]
Zentaro Nihei
Anderson Mori & Tomotsune
Akasaka K-Tower, 2-7, Motoakasaka 1-chome
Minato-ku, Tokyo 107-0051, Japan
Tel: +81 3 6894 2003
Email: [email protected]
Nominator
Hideyuki Sakai
Anderson Mori & Tomotsune
Email: [email protected]
James Richardson
PricewaterhouseCoopers LLP
300 Madison Avenue
New York, New York 10017 USA
Tel: 347.514.0103
Email: [email protected]
Nominator
Edward H. Tillinghast, III
Sheppard Mullin Richter & Hampton LLP
Email: [email protected]
Yuri Sugano
Nishimura & Asahi
Otemon Tower, 1-1-2 Otemachi, Chiyoda-ku, Tokyo
100-8124, Japan
Tel: +81-3-6250-6466
Email: [email protected]
Nominator
Shinnosuke Fukuoka
Nishimuea & Asahi
Email: [email protected]
Foteini (Fay) Teloni
Shearman & Sterling
599 Lexington Avenue
New York, New York 10022 USA
Tel: 212.848.4579
Email: [email protected]
Nominator
Allan L. Gropper
U.S. Bankruptcy Court
Email: [email protected]
Ivo-Meinert Willrodt
PLUTA Rechtsanwalts GmbH
Barthstr. 16, 80339 Munich
Germany
Tel: +49 89 8589633
Email: [email protected]
Nominator
Annerose Tashiro
Schultze & Braun
Email: [email protected]
Takuro Yamaguchi
Oh-Ebashi LPC & Partners
Kishimoto Bldg. 2F, 2-2-1 Marunouchi
Chiyoda-ku, 100-0005
Tokyo, Japan
Tel: +81 3 5224 5981
Email: [email protected]
Nominator
Hiroyasu Ueda
Oh-Ebashi LPC & Partners
Email: [email protected]
Carmen YeungKPMGPrince’s Building, 10 Chater Road8th FloorCentral, Hong KongTel: +852 2140 2274Email: [email protected]
NominatorEdward MiddletonKPMGEmail: [email protected]
Shinichiro Yokota
Mori Hamada & Matsumoto
Marunouchi Park Building
2-6-1 Marunouchi Chiyoda-ku
Tokyo, Japan 100-8222
Tel: +81 3 6212 8365
Email: [email protected]
Nominator
Junichi Tobimatsu
Mori Hamada & Matsumoto
Email: [email protected]
Gold Medal WinnersNavigating Scylla & Charybdis: International Arbitration and National Insolvency
David Ehmke, Humboldt-University of Berlin [email protected]
Alfred Lewis, University College [email protected]
Silver Medal WinnerAn Analysis and Hypothesis on Forum Shopping in Insolvency Law
Amir Adl Rudbordeh, Radboud Universiteit Nijmegen and Nottingham Trent [email protected]
Bronze Medal WinnerCross-border Insolvency: A Case for a Transaction Cost Economics Analysis
Michael Guihot, Queensland University of [email protected]
Ethan J. Birnberg
Lindquist & Vennum LLP
600 17th Street
Suite 1800 South
Denver, CO 80202 USA
Tel: 303.454.0534
Email: [email protected]
Erin Elizabeth Broderick
Baker & McKenzie LLP
130 North Garland Court, Unit 1606
Chicago, Illinois 60602 USA
Tel: 312.813.1984
Email:
BackgroundEthan Birnberg represents clients across several industries, from middle market companies operating in the shale oil and energy industries, to RV park owners and luxury cruise tour operators. He is a litigator and frequently represents debtors, trustees, creditors, and receivers, predominantly for court-appointed receivers in Ponzi scheme cases. His expertise includes corporate restructuring, workouts and asset sales, advising management and officers regarding fiduciary duties, and all types of adversary proceedings.
Ethan’s clients benefit from his experience and knowledge of emerging business trends and their day-to-day operational and financial issues. Recognized as a leader of the next generation of bankruptcy practitioners, he frequently speaks at conferences, publishes articles, and is currently co-authoring a chapter on transnational business trends, chapter 15, and cross-border insolvencies.
Awards & Recognition
Colorado Super Lawyers, Rising Star (2013-2016)
Business Bankruptcy Specialist, certified by the American Board of Certification
Next Generation Program Participant, National Conference of Bankruptcy Judges (2015)
Next Generation Program Participant, International Insolvency Institute, Class V, Tokyo, Japan (June 2016)
Wyoming Bankruptcy Court Local Rules Committee, Member (2016-2018)
PracticesFinancial ServicesFinancial Restructuring & BankruptcyCommercial Litigation
EducationThomas Jefferson School of Law (J.D., summa cum laude)
University of California at Santa Barbara(B.A., Law & Society; Global Peace and Security Minor; High Honors, Academic Award for Excellence)
Background
Erin Broderick is a senior associate in the Financial Restructuring, Creditors’
Rights & Bankruptcy Practice Group in the Chicago office. She has
experience in managing all aspects of sophisticated restructurings in and out
of court and has managed complex insolvency-related litigation.
In 2016, Ms. Broderick was recognized as a fellow of INSOL International
(with honors distinction), named a Top 40 Under 40 Global Restructuring
Attorney by the Global Restructuring Review, and was inducted into The
International Insolvency Institute’s 2016 NextGen Leadership Class. In 2008,
Ms. Broderick was named Distinguished Bankruptcy Law Student for the
Sixth Circuit by the American College of Bankruptcy.
Practice Focus
Ms. Broderick focuses her practice on cross-border work. She has defended
financial institutions and hedge funds in insolvency-related cross-border
litigation and restructurings, represented purchasers of assets in cross-
border restructurings, and foreign representatives and discovery targets in
Chapter 15. Ms. Broderick has also represented debtors, lenders, investors,
trade creditors, and equity committees in Chapter 11, advised senior
management of distressed companies with respect to in- and out-of-court
restructurings and contingency planning, and defended lenders and
investors in insolvency-related litigation.
Professional Associations and Memberships
International Women's Insolvency & Restructuring Confederation -Co-chair of the Membership Committee
Turnaround Management Association (TMA) - Co-chair of the Membership Committee
INSOL International - Member and Fellow
The International Insolvency Institute - NextGen Leadership Class V Member
Admission
New York~United States (2015)
U.S. Court of Appeals, Seventh Circuit~United States (2012)
Illinois~United States (2008)
U.S. District Court, Northern District of Illinois~United States (2008)
Education
University of Michigan Law School (J.D. cum laude) (2008)
Central Michigan University (B.S. Economics and Political Science summa
cum laude) (2005)
Margie Chan
Davis Polk & Wardwell
Hong Kong Solicitors
The Hong Kong Club Building
3A Chater Road, 18/F
Hong Kong
Tel: +852 2533 3325
Email: [email protected]
Dr. Jason CorbettSilk Legal Co., Ltd.RSU Tower, 8th Floor, Suite 805571 Sukhumvit Road, North KlongtonWatthana, Bangkok, Thailand 10110Tel: +66 (0)2107-2007Email: [email protected]
BackgroundMs. Chan is counsel in Davis Polk’s Corporate Department, resident in Hong Kong.
She has worked on a broad range of credit transactions, bond offerings, liability management exercise including tender offers and consent solicitations and other corporate restructurings, representing debtors, creditors, banks and asset acquirers.
Work HighlightsMs. Chan has been involved in a number of the firm’s restructuring assignments over the past several years, including:
■ Kaisa Group Holdings Ltd. – Advising Sunac China Holdings Limited, as prospective acquirer of Kaisa, in connection with the aborted acquisition of the outstanding shares of Kaisa and related debt restructuring.
■ LyondellBasell – Advising Citibank, as bank agent, in LyondellBasell, with respect to the largest private DIP financing (US$8.5 billion) in U.S. history and related exit financing.
■ Delphi Corporation – Advising JPMorgan, as bank agent, with respect to the US$4.5 billion DIP financing, including in connection with the credit bidding of the DIP facility claims in exchange for a substantial portion of Delphi’s businesses.Federal Reserve Bank of New York in connection with the establishment of the Term Asset Backed Securities Loan Facility (TALF).
Professional HistoryCounsel, 2014-presentAssociate, 2007-2014Hong Kong office, Davis Polk, 2010-presentNew York office, Davis Polk, 2007-2010Associate, Herbert Smith, 2002-2007
Bar AdmissionsHong Kong State of New York
Education LL.B., University of Hong Kong, Faculty of Law, 1999
Dean's List PCLL, University of Hong Kong, Faculty of Law, 2000
LanguagesCantoneseMandarin
BackgroundDr. Corbett is the founder and Managing Partner of Silk Legal, a Bangkok based law firm that advises both foreign and domestic clients. Jason is admitted as solicitor of the Supreme Court of New South Wales. He is also the Chief Investment Officer of Silver cord Advisory, a specialist venture capital firm that invests professional services in disruptive technology start-ups throughout SE Asia.
As a corporate lawyer by trade, and an entrepreneur at heart, Jason hastrained in the law with a variety of in-house positions and private practice including one of Canada’s largest law firms. He has been involved in several business and start-ups at an executive level in a variety of industries ranging from legal, finance, beverage manufacturing, hospitality, environmental, e-commerce and professional consulting.
EducationDoctor of Juridical Science, La Trobe University, Melbourne Australia. Awarded in 2011Master of Laws – International Business Law, La Trobe University, Melbourne Australia. Awarded in 2006.Bachelor of Laws – Corporate & Commercial Law, Bond University, Gold Coast Australia, Awarded in 2005.Post Graduate Diploma in Legal Practice, Bond University, Gold Coast Australia, Awarded in 2005.Post Graduate Certificate, Asia-American Institute in Transnational Law, Duke University, held at University of Hong Kong. Awarded in 2010.Post Graduate Certificate, Chinese Commercial Law and Practice, Shanghai University, Shanghai China. Awarded in 2010.
Qualifications
Solicitor of Supreme Court of New South Wales Australia. Admitted
2005.
Associate Member of the Law Society of New South Wales. Member
since 2006.
Associate Member of the Chartered Institute of Arbitrators. Member
since 2006.
National Committee on Accreditation. Federation of Law Societies of
Canada. Accredited in 2011.
Member of the American Association of Justice. Member since 2012.
Richard A. Graham
White & Case LLP
1155 Avenue of the Americas
New York, NY 10036-2787
Tel: 212.819.7993
Email: [email protected]
Nava Hazan
Squire Patton Boggs LLP
30 Rockefeller Plaza
23rd Floor
New York NY 10112 USA
Tel: 212.872.9822
Email:
BackgroundMr. Graham is a member of the Firm's Financial Restructuring & Insolvency Practice Group in New York, having recently returned from the Firm's Hamburg office. He focuses his practice on chapter 11 proceedings, multinational bankruptcy cases and out-of-court restructuring transactions. He has extensive experience representing both debtors and secured and unsecured creditors in chapter 11 cases. Current and recent matters in which Mr. Graham has been involved include the representation of lenders in the HomeBanc Mortgage bankruptcy and of various aircraft finance parties in the Northwest Airlines Corporation chapter 11 case.
Prior to joining White & Case, Mr. Graham practiced from 2002–2005 as an associate at the New York office of another leading international law firm, where he was involved in representing chapter 11 debtors WorldCom, Inc., Sunbeam Corporation and International Wire Group, Inc., as well as numerous creditors and investors in other cases. Mr. Graham has also provided bankruptcy-related consumer finance law advice to large credit institutions.
Before moving to New York, Mr. Graham clerked for Chief Judge Philip H. Brandt of the Bankruptcy Appellate Panel for the Ninth Circuit and the United States Bankruptcy Court for the Western District of Washington and, still earlier, for Judge Lee M. Jackwig of the United States Bankruptcy Court for the Southern District of Iowa.Mr. Graham was an active duty officer in the United States Army from 1991–1996 and remains a reserve member of the Judge Advocate General Corps.
Bars and Courts
New York State Bar
US District Court for the Southern District of New York
Washington State Bar
Education
JD, University of Washington School of Law
BS, United States Military Academy, West Point, NY
Languages
English
German
BackgroundNava Hazan is a partner in the Restructuring & Insolvency Practice Group located in the New York office. She is the Co-Chair of the firm’s Cross-Border Restructuring Practice.
Her practice involves the representation of debtors, foreign liquidators and administrators in Chapter 15 cases and cross-border proceedings. She also represents debtors, secured and unsecured creditors, and creditors’ committees in Chapter 11 cases in various industries.
Education
Columbia University, LL.M., 1999
Panthéon-Sorbonne University, Master’s Degree in Law, 1997
Panthéon-Assas University, Master’s Degree in Law, 1996
Panthéon-Assas University, J.D., 1995
Admissions
New York, 2000
Paris, 2012
Courts
U.S. Ct. of App., Second Circuit
U.S. Ct. of App., Third Circuit
U.S. Dist. Ct., S. Dist. of New York
U.S. Dist. Ct., N. Dist. of New York
U.S. Dist. Ct., E. Dist. of New York
U.S. Dist. Ct., W. Dist. of New York
Memberships and Affiliations
INSOL International
Turnaround Management Association
International Insolvency Institute, NextGen Leadership Program
Languages
English
French
Hiroyasu Horimoto
City-Yuwa Partners
Marunouchi Mitsui Building
2-2-2 Marunouchi Chioya-ku
Tokyo 100-0005 Japan
Tel: +81 3 6212 5546
Email:Hiroyasu.horimoto@city-
yuwa.com
Ataru Iizuka
TMI Associates
23rd Flr Roppongi Hills Mori Tower
6-10-1 Roppongi, Minato-ku
Tokyo, 106-6123 Japan
106-0032, Japan
Tel: +81-3-6438-4518
Email: [email protected]
Professional ExperienceMr. Horimoto is a partner at City-Yuwa since January 2003 where he specializes in corporate reorganization, bankruptcy proceedings, M&A, corporate law and financial regulations.
Professional QualificationAdmitted in Japan, 2002Admitted in New York, 2009
Academic Experience
Columbia University School of Law, New York, USA, LL.M., May 2008
Legal Training and Research Institute of Japan, Tokyo, Japan, bar admitted, 2002
University of Tokyo, Tokyo, Japan, LL.B. degree (J.D. Equivalent), 1999
PublicationCo-author, “Foreign Account Tax Compliance Act and Statement of Mutual Cooperation and Understanding between the Authorities of U.S. and Japan” Kinyu zaisei jijyo, Vol. 3033, Kinzai Institute for Financial Affairs, Inc. (2013)
Experiences on Insolvency CasesCorporate Reorganization
Represented a creditor and joint venture partner in the case of one of the largest air carriers in Japan
Civil Rehabilitation Represented debtors in various cases (pet store chains,
golf course operators) Supervisor Representative in various cases (hotel operator,
commercial building operators)Bankruptcy
Bankruptcy Trustee (for both individuals and corporations) Bankruptcy Trustee Representative in various large scale
bankruptcy cases (real estate company, building operator)Others
Represented the Industrial Revitalization Company of Japan, the government sponsored company for revitalizing distressed companies, in the case of the largest retail chains in Japan.
Represented investigation committee in the case of Olympus Corporation’s corporate accounting scandal.
Background
Associate at TMI Associates (2015 – Present)
Bingham Sakai Mimura Aizawa (Formerly known as New Tokyo
International Law Office) (2005-2011, 2013-2015)
Morgan, Lewis & Bockius LLP(Formerly known as Bingham
McCutchen LLP), New York (2012-2013)
Metal One Corporation (2008)
Practice Areas
Civil Rehabilitation and Corporate Reorganization;
Out-of-court Workout and ADR for Business Turnaround:
Bankruptcy and Special Liquidation;
M&A; Commercial Litigation;
General Corporate Legal Practice;
Company Fraud Investigation
Education
Duke University School of Law (LL.M., 2012)
Legal Training and Research Institute of the Supreme Court of Japan
(2004-2005)
The University of Tokyo (LL.B., 2002)
Admission
New York (2013)
Japan (2005)
Languages
Japanese/English
Memberships
Tokyo Bar Association
New York State Bar Association
Tokyo Bar Association, Bankruptcy Law Section (Treasurer, 2014)
Kizzy Jarashow
Goodwin Procter LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018 USA
Tel: 212.459.7341
Email:
Thiago Braga Junqueira
Pinheiro Neto Advogados
Rua Joao Moura
366, apt. 81
Sao Paulo, SP – Brazil
Tel: +55 11 3247 8484
Email: [email protected]
Background
Ms. Jarashow is a senior associate in the Financial Restructuring group of
Goodwin Procter LLP. She represent debtors, bondholders, equity sponsors,
financial institutions and others in complex bankruptcy, insolvency,
restructuring and reorganization matters. Ms. Jarashow is a member of the
American Bankruptcy Institute and the New York State Bar Association.
Representative matters include:
Company counsel in multiple out-of-court restructurings, including for a premier health care company and a for-profit higher education institution.
Bondholders’ counsel in the chapter 11 cases of EFIH, Caesars, Tribune and Washington Mutual.
Creditors’ counsel in chapter 11 cases such as Overseas Shipholding Group, Lehman Brothers, AMR, MF Global, Pettit Oil, Furniture Brands, Quirky, and Karmaloop.
Counsel to Ralph Mabey, as expert on the issue of reasonableness of fees in the Residential Capital chapter 11 cases.
Debtors’ counsel in the chapter 11 cases of Colorep, Inc., Mervyn’s Holdings LLC, Powermate Holding Corp., Linens ‘N Things, and Fluid Routing Solutions.
Publications:
In re Fairfield Sentry – Narrow Grounds to Modify Chapter 15 Recognition Order Do Not Include Inconsistent Positions Taken By Foreign Representative, Insolvency Restructuring International (March 2016) (co-author);
For This Moment – The Distinction Between Present Value and Interest, American Bankruptcy Institute Journal (Vol. XXXIV, No. 7) (July 2015) (co-author);
Rehearing Petition Dramatizes Second Circuit’s Comity Rejection, INSOL International (Nov. 20, 2014) (co-author);
Second Circuit Fails to See the Comity in Chapter 15, International Bar Association – Insolvency and Restructuring International (Oct. 14, 2014) (co-author);
In re Bank United Fin. Corp.: Eleventh Circuit Holds That Tax Refunds Of Consolidated Group Subject To A Tax Sharing Agreement Are Not Assets Of Corporate Parent's Bankruptcy Estate, Stutman, Treister & Glatt CaseAlert (Aug. 23, 2013);
In re School Specialty, Inc.: Delaware Bankruptcy Court Upholds Secured Lender's "Make-Whole" Claim Under New York Law, Stutman, Treister & Glatt Case Alert (Apr. 29, 2013) (co-author);
Bankruptcy Court Uses Twombly Pleading Standard as Platform to Clarify Lender Liability Law, ABI Committee Newsletter, Vol. 9, No. 9 (Sept. 2010);
In re River Road Hotel Partners, LLC: Credit Bidding Circuit Split May Sail Up to the Supreme Court, 20 J. Bankr. L. & Prac. 805 (2011) (co-author);
Third Circuit Bids Credit Bidding Adieu, 19 J. Bankr. L. & Prac. 265 (2010) (co-author);
The Enron Enigma: Claims Trading at Its Fuzziest, Morgan Lewis Business & Finance Newsletter (Fall/Winter 2007) (co-author).
Education - J.D., 2007 , Fordham University (cum laude)
B.A., 2004, New York University
BackgroundMr. Junqueira is involved in multiple interests at play in corporate restructurings, debt rehabilitation schemes and bankruptcy proceedings. Providing legal advice to secured and unsecured creditors, financiers, lessors and lessees, debtors, investment funds and investors interested in troubled or insolvent companies.
Education
Insper Instituto de Ensino e Pesquisa, São Paulo, Brazil. LL.M, received 2015
Pontificia Universidade Católica de São Paulo – PUC/SP, São Paulo, Brazil. Law Degree (J.D.), received 2008.
Additional Information
(I) Publications: “Avoidance of Antecedent Transactions and Cross-
border Insolvency – Brazil”; Co-author; Insol International Publication –
September, 2014. “The OGX Restructuring: Many Firsts and a Good
Testament to Brazilian Bankruptcy Practice”; Co-author; Insol Eletronic
Newsletter – January, 2015; (II) Seminars: Invited professor for seminars
and classes on Reorganization and Bankruptcy at Central Prática –
Educação Corporativa / 2012 – present.
Associations
Insol International, Turnaround Management Association (TMA Brazil),
Associação de Advogados de São Paulo (AASP) and Brazilian Bar
Association (OAB/SP).
Languages
Portuguese (native), English (fluent) and Spanish (basic).
Yutaka Kuroda
Nagashima Ohno &
Tsunematsu
JP Towere, 2-7-2 Marunouchi,
Chiyoda-ku
Tokyo Japan 100-7026
Tel: +81 3 6889 7200
Email:
John Middleton
International Air Transport
Association (IATA)
33 Route de l’Aeroport
1215 Geneva 16 Airport,
Switzerland
Tel: +44 22 770 2002
Email: [email protected]
Practice AreaM&A, Restructuring/Insolvency, Corporate Governance, Asia,
General Corporate
Educations/Professional Experience2000 The University of Tokyo (LL.B.)2001 Admitted to Daini Tokyo Bar Association
Associate at Asahi Law Office (until 2006)2007 Northwestern University School of Law (LL.M.)
Associate at Nagashima Ohno and Tsunematsu2008 Civil Affairs Bureau, the Ministry of Justice (until 2010)2014 Partner at Nagashima Ohno and Tsunematsu
Adjunct Lecturer, The University of Tokyo
Committees2013 Member of Insolvency Study Group at Daini Tokyo Bar
Association2014 Member of Conference for the Governance for
Organizations of Sports2014 Member of the Company Act Advisory Group, the Project of
Assistance for Legal Reform in Myanmar (JICA)2015 Member of Investigation Committee of Construction
Project of National Stadium
Work HighlightsAdvised Elpida Memory Inc. (2012-2013)Deputy Trustee of MtGox Co., Ltd. (2014-)Advised creditors to Skymark Airlines Inc. (2015)
Publications/SeminarsSeminar: Public Company and Related Legal Systems (@Naypyidaw, 2012)
Article: Stronger governance under Japan’s Company Act (International Financial Law Review, May 2014 Japan Guide 2014)
Seminar: Key points for the management of corporate group after enforcement of new Companies Act (@Tokyo, 2014)
Publications: “The Practice of Legal Due Diligence – Key to Success for M&A (3rd Edition)” (Chuo Keizai Sha, 2014)
Seminar: Speaker at Insolvency Section, International Bar Association Annual Conference 2015, Vienna (“Alpine Bau”)
Background
John is Assistant General Counsel for the International Air Transport
Association (IATA), based in Geneva, Switzerland. He serves as IATA’s
bankruptcy specialist, leading the legal response and support for all airline
bankruptcy and (non-sanction) suspension cases worldwide, managing the
claims process for IATA in multiple jurisdictions, and protecting IATA’s
interests in bankruptcy and suspension cases in over 50 countries.
John is also Regional Counsel for IATA’s Africa / Middle East region, providing
the first point of contact for IATA’s local and regional offices and leading the
legal department’s response to local and regional issues including antitrust
investigations, travel agent litigation, and corporate compliance. He also is
responsible for legal support for the IATA Worldwide Airport Slots team,
including participation in Slots Policy Working Group and Joint Slot Advisory
Group meetings, antitrust review for multiple Slots Conferences, and key
involvement with advocacy and regulatory campaigns.
Prior to joining IATA, John was an associate with the bankruptcy and
restructuring group at Haynes and Boone, LLP in Dallas, Texas. While with
Haynes and Boone, he was involved in multiple cross-border transactions
and bankruptcy cases – focusing on bankruptcy litigation – and served as
external global bankruptcy counsel for IATA. He was also named a Super
Lawyers Texas Rising Star in 2013 while with Haynes and Boone.
John has spoken and written on a variety of bankruptcy and aviation topics,
including recent presentations on competition law and slots coordination, in
Vancouver, and on the impact of the financial crisis on aviation markets and
dispute resolution, in Paris. He is a graduate of Baylor University in Texas,
where he earned both his J.D. and B.A., each magna cum laude.
Zentaro Nihei
Anderson Mori & Tomotsune
Akasaka K-Tower, 2-7, Motoakasaka
1-chome
Minato-ku, Tokyo 107-0051, Japan
Tel: +81-3-6894-2003
Email: [email protected]
James Richardson
PricewaterhouseCoopers LLP
300 Madison Avenue
New York, New York 10017 USA
Tel: 347.514.0103
Email:
Background
Zentaro Nihei is a partner at Anderson Mori & Tomotsune. His
practice focuses on financial restructuring and workouts,
representing a wide range of debtors, creditors and distressed
investors globally. He has advised major institutions on some of the
largest restructuring deals in Asia and played an important role in a
number of major cross-border insolvencies, including Spansion
Japan’s restructuring.
He has several years of experience working in New York and
London at the Boston-based international law firm Bingham
McCutchen, and at Sumitomo Mitsui Banking Corporation Europe,
where he advised on legal aspects of debt restructuring. He is a
Japan- and New York qualified lawyer.
Practice Areas
Restructuring/Bankruptcy and Insolvency; M&A Commercial
Litigation; IP Licensing and
Transactions; Asia and Emerging Countries; Corporate and
Commercial Law
Education
Kyoto University, Bachelor of Laws (2003); Duke University
School of Law, Master of Laws (2011)
Admissions
Japan (2004)
New York (2012)
Languages
Japanese
English
Professional Associations
Daiichi Tokyo Bar Association
Expertise – Turnaround for distressed organizations: operational turnaround, cost reduction, workingcapital improvement, cash forecasting, refinancing,Skills – Rapid identification and analysis of underlying business issues, devising innovative solutions toaddress. Financially trained, with significant operational experience. Also work well under highpressured turnaround environments with strong relationship building abilities.Experience – 6 years’ experience supporting 30+ organizations in over 10 countries, from SMEs to Fortune 500 companies.
Professional Experience:Project Noah 2015 Florida, USARapid identification of sustainable run-rate cost savings to a highly leveraged PE backed business that is due to trip covenants in early 2016. Exceeded management expectations and quadruple run-rate EBITDA.Project Lunar 2015 Connecticut, USAOptions analysis and financial model for a Connecticut-based firm, weighing up future strategy options in light of a potential Bankruptcy filing.Project Water 2015 Palo Alto, USAWorking Capital Optimization for a Fortune 500 business, including a rapid assessment of recent results, understanding of key movement drivers, and recommendations for improvement.Fortune 1000 Technology 2015 Philadelphia, USAGoing Concern review, including stress testing financial projections against liquidity constraints and borrowing capacity.
Academic HistoryACA Sept 2012 - Present Institute of Chartered Accountants in England & Wales2:1 Music BA (Hons) Sept 2006 – July 2009 University of Leeds Other qualifications: Excel Modelling - Institute of Chartered Accountants in England & Wales 2014 Insolvency, Administration and Leveraged Buy-Outs – PwC Residential 2013PRINCE2 – UK industry standard Project Management qualification 2013
Other:Key Interests: Charity, International Travel, CyclingClean Driving License
Yuri Sugano
Nishimura & Asahi
Otemon Tower, 1-1-2 Otemachi,
Chiyoda-ku, Tokyo
100-8124, Japan
Tel: +81-3-6250-6466
Email: [email protected]
Foteini (Fay) Teloni
Shearman & Sterling
599 Lexington Avenue
New York, New York 10022 USA
Tel: 212.848.4579
Email: [email protected]
EDUCATIONMaster of Law (LL.M) -New York, NY
New York University School of Law - May 2012
Qualified by Japanese Bar – Japan – 2003
Bachelor of Law (LL.B) - Kyoto, Japan
Kyoto University -March 2001
PROFESSIONAL BACKGROUNDNishimura & Asahi, Tokyo, Japan
Partner - 2016-present
Senior Associate - 2007-2015
Expertise: M&A, Bankruptcy/Restructuring, General Corporate
GCA Savvian Corporation - Tokyo, Japan 2012-2013
*I was seconded from Nishimura & Asashi to GCA Savvian
Corporation, a M&A consulting firm, and worked as a financial
advisor.
OH-Ebashi LPC & Partners - Osaka/Tokyo, Japan
Associate - 2003-2007
PUBLICATIONS / Seminars
Article: Pensions and Insolvency. INSOL International - An
International Survey. (Nov 2015)
Publishing: An industry specific guide to business turnaround in
Japan. Kinzai Institute for Financial Affairs Inc. (Mar 2015)
Article: “Japanese bankruptcy proceedings and class action in the
U.S.: analysis regarding a bankruptcy case of Mt.Gox” (with
Shinnosuke Fukuoka). NBL No. 1038 (Nov 2014)
Publishing: Ideal Practices for out-of-court workouts. Minjiho-
Kenkyukai (Sep 2014)
Publishing: Theory, Practice, and Format for Special Liquidation.
Minjiho-Kenkyukai (Feb 2010)
Article: “Handling of Partial Transfer of Reorganization Claims
under Japanese Reorganization Procedures” (with Yoshitaka
Hamada). Journal of the Financial and Business Law Precedents
No.1331 (Jan 2010)
Seminar: “Practices and Skills of contractual documents for
overseas development by small and medium enterprises”
Universities for SME (small and medium enterprises) of
Organization for Small and Medium Enterprises and Regional
Innovation, Japan (2013-)
Background
Foteini (Fay) Teloni is an associate in the Financial Restructuring and
Insolvency Group of Shearman & Sterling, in New York. Prior to joining
Shearman & Sterling, she was an adjunct professor of law and doctoral
fellow at Fordham Law School, where she was teaching and conducting
research on corporate reorganization and distressed asset sales. Her
scholarship, empirical in nature, has appeared in the American Bankruptcy
Institute Law Review and the American Bankruptcy Law Journal. Fay holds
an S.J.D. degree in business bankruptcy law from Fordham Law School,
LL.M. degrees from Fordham Law School (LL.M. in Banking, Corporate, and
Finance Law) and the National and Kapodistrian University of Athens (LL.M.
in Corporate and Commercial Law), and is a law graduate of the National
and Kapodistrian University of Athens (LL.B.).
EducationFordham University School of Law, S.J.D. Business BankruptcyFordham University School of Law, LL.M. Banking, Corporate and FinanceNational and Kapodistrian University of Athens, School of Law, LL.M. Commercial LawNational and Kapodistrian University of Athens, School of Law, LL.B.
Bar AdmissionsNew York State (2013)Athens, Greece (2011)
LanguagesGreekEnglish
Ivo-Meinert Willrodt
PLUTA Rechtsanwalts GmbH
Niederlassung München
Barthstraße 16
80339 München
Tel: +49 89 858963-3
Email: ivo-
Takuro Yamaguchi
Oh-Ebashi LPC & Partners
Kishimoto Bldg. 2F, 2-2-1
Marunouchi
Chiyoda-ku, 100-0005
Tokyo, Japan
Tel: +81 3 5224 5981
Email:
Background
Ivo’s practice focuses on complex corporate restructuring and insolvency
matters both domestically and in cross-border contexts. Since years he is
regularly appointed as Insolvency Administrator by several courts in the
South of Germany (Handling of more than 250 corporate bankruptcy
cases) and has comprehensive experience in Insolvency Proceedings of
all sizes.
He has extensive experience in both the legal and commercial aspects of
corporate restructurings, bankruptcies, receiverships, work-outs and
enforcement of creditors’ rights, remedies, in the negotiation,
documentation and prosecution of insolvency plans, shareholders
liabilities and claw back claims, plan confirmation proceedings and
recognition of foreign insolvency proceedings, the negotiation and
documentation of director liabilities claims and fraud actions. His
expertise covers insolvency, banking, restructuring arrangements and
distressed M&A.
He also advises clients on the legal aspects of investing in distressed
investments and in distressed situations. His case experience spans a
variety of industries, including the automotive, manufacturing, retail,
solar, “grey” capital market, private equity and telecommunications
sectors.
Ivo is a lawyer and holding a M.B.A from the University of St. Gallen
(Switzerland). Ivo has been granted the title of Accredited Specialist in
Bankruptcy Law (Fachanwalt für Insolvenzrecht) by the ‘Stuttgart Bar
Association. He was recently named a Fellow of INSOL International, a
world-wide federation of national associations of lawyers, accountants
and other professionals who specialize in turnaround and insolvency
matters on an international level.
Ivo also worked for a stock listed (Mid-Cap Dax) private equity company
as a Director and for 3 years in Germany and the USA for an engineering
and a chemical company as a CRO.
Professional Qualifications/Education/Language
Lawyer (‘Rechtsanwalt’)
First State Exam: University of Munich, State of Bavaria
Second State Exam: State of Brandenburg
Executive M.B.A HSG (CH)
Accredited Specialist in Bankruptcy Law
Fellow of INSOL International
German, English, French
Education
Law School of University of Southern California
LL.M. (May 2012) – 2011-2012
The Legal Training and Research Institute of the Supreme Court of Japan
Diploma (October 2005), Major: Law – 2004-2005
Tohoku University, Faculty of Law
Bachelor of Law (March 2003); GPA and class rank not available 1999-
2003
Professional Background
Oh-Ebashi LPC & Parnters
October 2005 – Present
Associate Lawyer
Special Field: Corporate Law and Corporate Reorganization
Professional Membership
Japan Federal Bar Association
Tokyo Bar Association
American Bar Association, Section of Antitrust
Publications
Takuro Yamaguchi, three serials of “Duty of Care as a prudent manager
and Fiduciary Duty of Loyalty of Director,” Shoji homu, Vol.1837 to
Vol1839 (July 5, 2008 to July 25, 2008.)
Takuro Yamaguchi et al., Practical Commentary on Revised Companies
Act of 2014 (Shoji homu, December 2014)
Lectures
Overview of Amendment of Tokyo Stock Exchange Regulation (2010)
Commentary on Revised Companies Act of 2014 (2014)
Seminers regarding Management Guarantee (2014-2015)
Best Practices for Complying With the Corporate Governance Code
(2015)
ActivitiesAdjunct Lecturer of Tokyo University of Foreign Studies (2015)
Carmen Yeung
KPMG
Prince’s Building, 10 Chater Road
8th Floor
Central, Hong Kong
Tel: +852 2140 2274
Email:
Shinichiro Yokota
Mori Hamada & Matsumoto
Marunouchi Park Building
2-6-1 Marunouchi Chiyoda-ku
Tokyo, Japan 100-8222
Tel: +81 3 6212 8365
Email:
Background
Carmen Yeung is an associate director of Restructuring Services
team in KPMG Hong Kong. She joined KPMG in 2008 and has been
working in a wide variety of engagements around corporate
restructuring and insolvency, both in court and out of court.
Carmen advised distressed companies as well as creditors and/or
potential investors of distressed companies in matters involving
restructuring and/or recapitalisation, independent business review,
cash flow monitoring, pre-pack sale, asset recovery, court
liquidation and administration. She has participated in various cross
border restructuring and insolvency situations which either the
companies have significant assets/operations in China or Chinese
companies have significant foreign investments and/or assets.
Carmen has significant experience serving clients in a wide range of
industries including financial institutions, renewable energy,
education and industrial manufacturing.
Education
Bachelor of Business Administration in Global Business and
Finance, Hong Kong University of Science and Technology
Member of Hong Kong Institution of Certified Public
Accountant (HKICPA)
HKICPA Professional Diploma in Insolvency
Languages
English
Mandarin
Cantonese
EducationDuke University School of Law, North Carolina, the United States2009-2010
Master of LawsAdmitted to the bar in New York, the United States in April 2011
The Legal Training and Research Institute of the Supreme Court of Japan, 2003-2004 - Saitama, Japan
Admitted to the bar in Japan in October 2004The University of Tokyo, Tokyo, Japan 1998-2002Bachelor of Laws
Professional BackgroundMori Hamada & Matsumoto, Tokyo, Japan 2004-2009, 2011-presentAttorney-at-law, AssociateLitigation and Transactional PracticeBankruptcy/Insolvency
Have handled several major domestic and international bankruptcy/insolvency cases
Recognition of Foreign Insolvency Proceedings for certain entities in Lehman Brothers Group
Civil Rehabilitation Proceedings (minji-saisei) for Urban Corporation (one of major real estate company in Japan)
Corporate Reorganization Proceedings (kaisya-kousei) for The Sanko Steamship Co., Ltd. (one of major shipping company in Japan)
Publications
Japan Federal Bar Association
Tokyo Bar Association
American Bar Association, Section of Antitrust
Publications
"Court Decisions and Cases on Corporate Responsibility in The Case of False Disclosure" (Corporate Accounting (kigyoukaikei), November 2008) (Co-author)
"Labor Management Guide Book of M&A" (CHUOKEIZAI-SHA, INC., 2007) (Co-author)
"Q&A What Do You Do Then? (Commercial Law): How to Dismiss the Employee who has been Arrested for Child Prostitution," (Business Houmu, Vol.6 No.7, July 2006) (Co-Author)
"Things to Keep in Mind Regarding the Amendment to the Consumer Contract Law," (Monthly Corporate Auditor, No.517, September 2006)