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With Justin Bernbrock
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Sheppard Mullin's Restructure This!
Restructure This! Episode 26: Turnaround and Performance Improvement Strategies with Kobus van der Zel [Replay]
This episode is a replay of Episode 19 which originally aired on December 28, 2022, but includes updated restructuring news as of January 2024. 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.
2024-01-24
43 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 25: The Role of Professional Organizations in the Restructuring Industry with Scott Stuart of TMA
Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, Scott Stuart, CEO of Turnaround Management Association (commonly referred to as "TMA”), joins us to discuss the role of professional organizations in the restructuring space, including what distinguishes TMA from similar organizations, the importance of its diverse membership, and how restructuring has evolved over the last 30+ years. What We Discussed In this Episode: What brought you to where you are today? What's your background in the restructuring industry? What is...
2023-10-06
47 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 24: Supporting Sovereign Entities in Troubled Financial Waters with Natalie Jaresko
Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, Natalie Jaresko from EY-Parthenon joins us to discuss her impressive background and storied career. She also breaks down some of the nuts and bolts of restructuring, lessons she learned in her role in Ukraine and Puerto Rico, and how governments can best serve themselves. What We Discussed in This Episode: What is the difference between restructuring a sovereign or municipal bankruptcy? What role does the IMF play in certain b...
2023-08-16
48 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 23: Building a Bankruptcy Juggernaut with James (“Jamie”) H. M. Sprayregen [Replay]
This episode is a replay of Episode 2 which originally aired on January 19, 2022. In this episode, we speak with James (“Jamie”) H. M. Sprayregen, partner at Kirkland & Ellis LLP and founder of the firm’s powerhouse bankruptcy restructuring practice. Few know the story of how Jamie built the practice from humble beginnings starting in 1990. In a frank interview, Jamie describes the vision he had three decades ago, the challenges he encountered along the way, and the banner chapter 11 cases—Zenith Electronics, United Airlines—that he believes helped to shape the then-emerging brand of this premier practice. Jamie is par...
2023-05-31
46 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 22: D&O Risks in an Unstable Economy with Paul Figliozzi and Michael Gil of Marsh
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 p...
2023-04-12
36 min
Legal Marketing 2.0 Podcast
Podcast Episode 186: Restructure This!
In this episode of the Legal Marketing 2.0 Podcast, Guy is joined by Justin Bernbrock. Justin Bernbrock is a partner in Sheppard Mullin’s Chicago office and the head of Chicago’s complex restructuring team. Justin has worked on some of the most complex Chapter 11 cases in the world over the last 11 years. Prior to Sheppard Mullin, Justin was a partner at Kirkland & Ellis in Chicago. Before his legal career, Justin served with distinction in the United States Navy.
2023-03-16
27 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 21: Real Estate Restructuring – Views from Another Side with Emily S. Gottlieb
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?
2023-03-02
21 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 20: 3M: The Controversy of MDL in Chapter 11 with Ashley Barriere
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 t...
2023-02-10
40 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 19: Turnaround and Performance Improvement Strategies with Kobus van der Zel
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 si...
2022-12-28
44 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 18: The Gender Gap in Restructuring with Cullen Drescher Speckhart and Rachel Ehrlich Albanese [Replay]
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 i...
2022-11-23
44 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 17: Tech Company Bankruptcies in a High-Tech World with Heath Gray
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 o...
2022-11-16
36 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 16: Current Trends in SPACs with Bill Kane
Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, Sheppard Mullin partner and former Illinois Assistant Attorney General Bill Kane joins host Justin Bernbrock to discuss current trends in Special Purpose Acquisition Company (“SPACs”) deals, including how a cooling economy creates the potential for more SPAC-related litigation and how an uptick in such litigation could ultimately result in more restructuring activity. What We Discussed In This Episode: What’s behind the recent surge in the popularity of SPACs? What are some common i...
2022-10-26
28 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 15: ESG & the Working Mom in the Post-Pandemic Economy with Susan E. Lester
Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in chapter 11 bankruptcy, commercial insolvency and distressed investing. This week, Susan E. Lester, Global ESG Senior Counsel on the Marketing/IP legal team at McDonald's Corporation, joins us to discuss ESG – environmental, social and governance – in the post-pandemic economy, including the factors driving companies to embrace ESG and sustainability and the legal risk associated with ESG messaging. Susan is also a mother of two and, as such, became a vocal advocate for working parents, particularly mothers, whose struggles came into clear focus during the pande...
2022-10-05
25 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 14: The Intersection of Bankruptcy and Arbitration with Professor Robert M. Lawless
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, Professor Robert Lawless of the University of Illinois College of Law joins us to discuss the intersection of bankruptcy and arbitration, including the enforceability of arbitration agreements in bankruptcy and the frameworks bankruptcy courts should use to determine when such an agreement is enforceable. What We Discussed in This Episode What is the tension between the Federal Arbitration Act and the Bankruptcy Code? What framework should the courts use to determine w...
2022-09-21
42 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 13: The Gender Gap in Restructuring with Cullen Drescher Speckhart and Rachel Ehrlich Albanese
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 fo...
2022-09-07
45 min
Sheppard Mullin's Restructure This!
Restructure This Episode 12: Current Topics Related to Unsecured Creditors’ Committees with Matt Dundon
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, Matthew Dundon, Principal of Dundon Advisors, LLC, joins us to discuss current topics related to unsecured creditors’ committees. In doing so, Matt shares some of his most memorable experiences serving as an advisor and investor in the restructuring industry. Matt founded Dundon Advisers, LLC in 2016. He and his team manage complex credit and credit-linked assets for institutional clients, provide restructuring advice to creditors, debtors, financiers, and distressed asset purchasers, and act as broker and counterparty adviso...
2022-06-01
52 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 11: Litigation Risks to Private Equity Sponsors in Chapter 11 with Ben Finestone, David Dunn and Cesar Bello
Sheppard Mullin’s Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency, and distressed investing. For this episode, Ben Finestone of Quinn Emanuel, David Dunn from Province, and Cesar Bello of Corbin Capital join us to discuss the litigation risks to private equity sponsors in Chapter 11 bankruptcy, including potential fraudulent transfer and breach of fiduciary duty claims, what triggers prepetition investigation into a sponsor’s conduct, and the role that litigation finance can play in reaching a fair settlement. Ben Finestone Ben Finestone is a Partner with Quinn Emanu...
2022-05-17
54 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 10: Challenges Facing Secured Creditors in Asset Sales with Matthew Guill, Maja Zerjal Fink and Jeffery Dutson
This episode of Restructure THIS! features a panel discussion held live April 29th at the American Bankruptcy Institute’s Annual Spring Meeting in Washington, D.C. Guests Matthew Guill of Configure Partners, Maja Zerjal Fink of Arnold & Porter and Jeffery Dutson of King & Spalding discuss the challenges that secured creditors now face in bankruptcy asset sales, including imperfect information and potential caps to credit bidding post-Fisker. They also explore ways that a secured lender can maximize optionality in a sale process, the procedural or regulatory pitfalls that secured lenders may face post-filing, and how to placate other parties in the...
2022-05-03
55 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 9: Is it Time to Prohibit Non-Consensual Third-Party Releases in Bankruptcy Proceedings? with Ralph Brubaker
Sheppard Mullin’s Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency, and distressed investing. For this episode, Ralph Brubaker, the James H.M. Sprayregen Professor of Law at the University of Illinois College of Law, joins us to discuss the use of non-consensual third-party releases in bankruptcy proceedings. Professor Brubaker holds four degrees from the University of Illinois, including his J.D. summa cum laude and an M.B.A. He was on the faculty of Emory University School of Law in Atlanta, Georgia, from 1995 until 2004, when he returned to his alma mater. Pro...
2022-04-19
49 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 8: Private Credit Intensifies Lender Competition with Stacey Rosenberg
Sheppard Mullin’s Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, we’re joined by Stacey Rosenberg, partner in the Finance & Bankruptcy Group in Sheppard Mullin’s Los Angeles office. We discuss the rise of direct lending and private finance, current trends in middle-market loans, predictions for whether the overall volume will drive restructuring activity in the near future and the role of private debt financing in the motion picture and entertainment industry. Stacey joined Sheppard Mullin a little over a year ago, and has...
2022-04-05
40 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 7: The Role of the Independent Director in Chapter 11
The appointment of an independent director to the board of a distressed company has become a common strategy in the chapter 11 playbook. What is the role—and value—of an independent director in an in-court restructuring? Oftentimes appointed by parties in interest, are they in fact independent? Today we discuss this topic and related issues with the CEO of a restructuring service provider company, who has served as an independent director for numerous large scale companies in financial distress. What We Discussed in This Episode: The decisions that chief restructuring officers and independent directors typica...
2022-03-22
40 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 6: Communicating Distress in the Digital Era
The ways that companies connect with their stakeholders has dramatically changed with the rise of digital and social media and a challenge to the concept of shareholder primacy. We speak with Sydney Isaacs and Dan Scorpio of Abernathy MacGregor on how companies can effectively reach their customers, vendors and employees during times of uncertainty such as a corporate restructuring. With over 17 years at Abernathy, Sydney advises companies on transactions, crises and other times of transition, including restructuring. Dan, who joined Abernathy in 2015, is the head of M&A and activism. Abernathy Mac...
2022-03-08
47 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 5: The Pre- and Post-Pandemic Economy with Gaurav Malhotra
The restructuring industry has been greatly impacted by the uncertainty that the global pandemic has brought. What does this mean for the future of restructuring? Which sectors will have been most severely impacted? We speak with Gaurav Malhotra of Ernst & Young LLP, who is a member of the EY Global Restructuring team and US Restructuring Leader. With more than 20 years of experience leading financial and operational restructuring assignments, Gaurav has advised leadership of enterprises ranging from Fortune 100 companies to middle market corporations. Gaurav has strategized turnaround plans in sectors including, among others, commercial airlines, and Tier 1 automotive s...
2022-02-22
40 min
Sheppard Mullin's Restructure This!
Restructure This! Episode 4: Views From the S.D. Texas Bankruptcy Bench with Judges David R. Jones and Marvin Isgur of the U.S. Bankruptcy Court for the Southern District of Texas
In this special installment of ‘Restructure This!’ sponsored by the American Bankruptcy Institute, we welcome Chief Judge David R. Jones and Judge Marvin Isgur from the United States Bankruptcy Court for the Southern District of Texas. The two esteemed jurists collectively have several decades of experience on the bench and have presided over some of the largest chapter 11 filings in recent memory, including Seadrill, J.C. Penney, iHeartMedia, and Ultra Petroleum. As part of today’s conversation, the judges opine on venue reform, third party releases, one day “prepacks,” and the propriety of repeat independent directors in chapter 11. What We D...
2022-02-15
1h 00
ABI Podcast
Podcast Featuring Judges Marvin Isgur and David R. Jones - Ep. 244
Held in conjunction with Sheppard Mullin's "Restructure This!" podcast, this special ABI podcast features Bankruptcy Judges Marvin Isgur and David R. Jones of the U.S. Bankruptcy Court for the Southern District of Texas (Houston) discussing a number of important issues, such as third-party releases and venue reform, with host Justin Bernbrock, a partner at Sheppard Mullin. Click below to listen. For previous episodes of ABI's podcasts, please click here. [https://www.abi.org/newsroom/podcasts] To listen to previous episodes of Sheppard Mullin's "Restructure This!" podcast, please click here. [https://www.sheppardmullin.com/podcasts-restructure-this-podcast]
2022-02-15
1h 01
ABI Podcast
Podcast Featuring Judges Marvin Isgur and David R. Jones - Ep. 244
Held in conjunction with Sheppard Mullin's "Restructure This!" podcast, this special ABI podcast features Bankruptcy Judges Marvin Isgur and David R. Jones of the U.S. Bankruptcy Court for the Southern District of Texas (Houston) discussing a number of important issues, such as third-party releases and venue reform, with host Justin Bernbrock, a partner at Sheppard Mullin. Click below to listen. For previous episodes of ABI's podcasts, please click here. [https://www.abi.org/newsroom/podcasts] To listen to previous episodes of Sheppard Mullin's "Restructure This!" podcast, please click here. [https://www.sheppardmullin.com/podcasts-restructure-this-podcast]
2022-02-15
1h 01
Sheppard Mullin's Restructure This!
Restructure This! Episode 3: Canada: Cannabis Boom or Bust? with Kathryn Esaw and Susan Newell
Canada legalized recreational cannabis in 2018, but the legal cannabis market continues to struggle even three years later. Observers blame overregulation by both federal and provincial regimes, high taxation, and a thriving black market that continues to sell cannabis at much lower prices. What has this meant for cannabis bankruptcies in Canada, and what lessons can the U.S. learn? We speak with Kathryn Esaw, partner in the Insolvency and Restructuring group at Osler, Hoskin & Harcourt LLP, and Susan Newell, partner in Osler’s Health Industry and Cannabis groups. Kathryn’s practice focuses on proceedings under the Bankruptcy and Insolvency Act and...
2022-02-09
36 min
Sheppard Mullin's Restructure This!
Building a Bankruptcy Juggernaut with James (“Jamie”) H. M. Sprayregen
We speak with James (“Jamie”) H. M. Sprayregen, partner at Kirkland & Ellis LLP and founder of the firm’s powerhouse bankruptcy restructuring practice. Few know the story of how Jamie built the practice from humble beginnings starting in 1990. In a frank interview, Jamie describes the vision he had three decades ago, the challenges he encountered along the way, and the banner chapter 11 cases—Zenith Electronics, United Airlines—that he believes helped to shape the then-emerging brand of this premier practice. Jamie is partner in the Chicago and New York offices of Kirkland & Ellis. Under Jamie’s leadership, the Restructuring Group has rep...
2022-01-19
47 min
Sheppard Mullin's Restructure This!
Inflation and the Search for the Right Interest Rates with Mohsin Meghji
Inflation is here and seems far from “transitory.” Given this, where is the restructuring industry headed? Which sectors are predicted to feel the pain next, and what are governments doing in response to inflationary prices? This episode discusses the impact of inflation on distress as seen from the perspective of a businessperson. It also explores the challenging role of the restructuring advisor—the person seated next to the C-suite managers at a time of stress and distress. We speak with Mohsin Meghji, managing partner of M3 Partners, LP, a corporate advisory firm experienced in providing financial and operation...
2022-01-19
41 min