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Vol 11, Num 2 l 2015 in Review

Labor and Employment

► In This Issue:

Labor and Employment Committee: The Year in Review


Mark A. Bogdanowicz
Howard & Howard Attorneys PLLC
Peoria, Ill.


Bradford J. Sandler
Pachulski Stang Ziehl
& Jones LLP

This year has seen many significant developments affecting the intersection of labor and employment issues and bankruptcy. The Labor and Employment Committee endeavors to remain at the forefront of this highly specialized and complex subset of bankruptcy laws in an effort to keep its members well-informed as they navigate these issues.

Labor and employment issues have been at the heart of health care insolvencies and restructuring. Accordingly, our committee paired up with ABI’s Health Care Committee in organizing and sponsoring an all-star panel at this year's Annual Spring Meeting, moderated by Nancy A. Peterman of Greenburg Traurig, LLP, titled “Hemorrhaging Hospitals: Labor Issues in the Health Care Insolvency E.R.” The panel consisted of Scott B. Davis of Grant Thornton LLP, David M. Fusco of Schwarzwald McNair & Fusco LLP, and Sharon L. Levine of Lowenstein Sandler LLP. The panel examined the unique leverage that labor unions can exert over a reorganization by virtue of the large claim that they often hold, in addition to the statutory protections afforded by the Bankruptcy Code and the National Labor Relations Act.

Our committee also assembled an all-star panel for the 2015 Winter Leadership Conference, titled “Distress and Labor in the Courtroom: Pensions and CBA Rejections.” The panel consisted of Frank A. Anderson of the Pension Benefit Guaranty Corp., John C. Goodchild of Morgan Lewis & Bockius LLP,Jordan A. Kroop of Perkins Coie LLP and Kenneth Pasquale of Stroock & Stroock & Lavan LLP. The panel discussed the legal standards governing the ability of distressed companies to shed legacy liabilities, the role of the PBGC prior to and in the midst of financial distress, and current trends and practice pointers related to these issues.
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Videos Are Available on the Commission Page:

In 2015, after years of blood, sweat, and tears (we may be exaggerating a little here), the Commission completed its final report and proposed reforms to Chapter 11 and related statutory provisions. While the full report has been available online for most of the year, ABI has continued to post a variety of videos related to the commission on its website. Access quick links from the list below, and catch up on all content at

Have You Watched a Complimentary Eye on Bankruptcy Session?

Launched in spring 2015, “Eye on Bankruptcy” is an online series produced by Bloomberg Law and ABI. Each program is aired on the last Thursday of each month and provides analysis of the latest case developments. Recorded at either Bloomberg’s New York studio or ABI's Virginia headquarters, each episode features commentary by top practitioners, academics and judges, hosted by Professor Michelle Harner (University of Maryland Francis King Carey School of Law).

Each episode explores:

  • Recent filings, motions, and decisions
  • Revisions to bankruptcy rules and forms
  • Changes in bankruptcy and restructuring

Visit online to learn more and view past recordings.

You Spoke, We Listened: ABI Offers an Upgraded Communications Schedule

This fall you should have noticed a change in the look, feel and frequency of communications that you are receiving from ABI. In an effort to cut down on the number of emails in your inbox, ABI launched a new weekly schedule that still includes the popular Daily Headlines and Bankruptcy Brief (reduced to Thursday afternoon, only).

New weekly highlights include:

Tuesday's delivery is the InSights newsletter, which highlights important information and benefits that you receive as an ABI member. Membership InSights will offer helpful tips about new ABI technology and benefits that will save time and money for your practice. Need to know what summaries were posted to Volo last week? Turn to next Tuesday's issue of Membership InSights for your answer.

Wednesday's InTouch newsletter provides you with upcoming programs specific to your circuit, as well as national programs that may be of interest to you. InTouch will also highlight online CLE and ABI publications designed to bring you quality information on the topics you care about most.

ABI would love to hear what you think about our new communication plan. Please contact us at


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