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To the Extent That...

ABA Business Law Section

222 episodes

18 hours ago

Welcome to Business Bankruptcy Basics! In this first episode, we lay the foundation for understanding bankruptcy law. We cover essential concepts every practitioner should know, like balancing the debtor's fresh start and protecting creditor interests. We discuss some of the powerful tools available in bankruptcy proceedings and debunk common myths about the practice area, including why bankruptcy law is far from boring. Perfect for law students and attorneys looking to build their bankruptcy knowledge from the ground up. (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.)

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All content for To the Extent That... is the property of ABA Business Law Section and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.

Welcome to Business Bankruptcy Basics! In this first episode, we lay the foundation for understanding bankruptcy law. We cover essential concepts every practitioner should know, like balancing the debtor's fresh start and protecting creditor interests. We discuss some of the powerful tools available in bankruptcy proceedings and debunk common myths about the practice area, including why bankruptcy law is far from boring. Perfect for law students and attorneys looking to build their bankruptcy knowledge from the ground up. (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.)

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Episodes (20/222)

To the Extent That...

Business Bankruptcy Basics: Episode 1: Bankruptcy 101: A Fresh Start

Welcome to Business Bankruptcy Basics! In this first episode, we lay the foundation for understanding bankruptcy law. We cover essential concepts every practitioner should know, like balancing the debtor's fresh start and protecting creditor interests. We discuss some of the powerful tools available in bankruptcy proceedings and debunk common myths about the practice area, including why bankruptcy law is far from boring. Perfect for law students and attorneys looking to build their bankruptcy knowledge from the ground up. (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.)

18 hours ago

52 minutes 5 seconds

To the Extent That...

VC Law: Episode 42: Small Business Investment Company (SBIC) Funds with Chris Rossi

Host Gary J. Ross discusses the Small Business Investment Company (SBIC) program with Christopher Rossi, a partner at Troutman Pepper. Chris explains how SBICs function as privately managed funds that access SBA-backed leverage. Chris walks listeners through how SBICs are structured, and how SBA-backed leverage can multiply a sponsor’s private capital. He outlines the detailed and technical SBIC licensing process, and the ongoing oversight SBICs face. Chris also explains to Gary that “small business” does not necessarily mean mom-and pop stores. Chris closes by offering practical guidance for lawyers and fund sponsors considering the program.

1 month ago

41 minutes 9 seconds

To the Extent That...

The Advocates Toolbox: Episode 4: Effective Mediation Advocacy

The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 4: Effective Mediation Advocacy. This session will cover the types of attorney behaviors that are productive (and those that are counterproductive) in the mediation session, as well as practical tips from mediators for getting your adversary to move their position and how to keep building momentum. Speakers: L. Tyrone Holt, Managing Principal at The Holt Group LLC, and Theo Chang, Arbitrator and Mediator at ADR Office of Theo Cheng LLC.

1 month ago

24 minutes 48 seconds

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Bench Talk: Episode 6: A Conversation with Magistrate Judge Peggy Kuo

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Peggy Kuo, of the US District Court for the Eastern District of New York, as she describes her path from prosecuting street crime in the District of Columbia US Attorney’s Office, to prosecuting hate crimes at the US Department of Justice Civil Rights Division, to prosecuting war crimes and crimes against humanity at the UN International Criminal Tribunal for the former Yugoslavia in The Hague, to serving as Chief Hearing Officer at the New York Stock Exchange and General Counsel of New York City’s Office of Administrative Trials and hearings, and more. Judge Kuo reflects on how each of these positions prepared her for the next, and her practical perspective on how every day can be a good day in court.

1 month ago

35 minutes 11 seconds

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The Advocates Toolbox: Episode 3: Anchoring Strategy and Messaging in Mediation

The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 3: Anchoring Strategy and Messaging in Mediation. Distributive bargaining is a competitive negotiation strategy that is used to decide how to allocate available funds in mediations. The speakers will guide us in developing your anchor, your target settlement range, and the strategy and messaging for achieving it. Speakers: Joan Stearns Johnsen, Mediator at JSJ-ADR and Adrienne Publicover, Mediator at JAMS.

1 month ago

26 minutes 32 seconds

To the Extent That...

Bench Talk: Episode 5: A Conversation with Judge Cave

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Sarah Cave, of the US District Court for the Southern District of New York, as she describes her judicial “origin story” traveling a path from clerkships in the District Court and Court of Appeals, to private practice, and then to the bench. Judge Cave explains the role that public and community service has always played in her professional life, and shares her insights on the importance of pursuing a goal consistently, persistently, and from the heart.

1 month ago

37 minutes 42 seconds

To the Extent That...

Bad Boys of Bankruptcy: The Madoff Files: Managing Your Career in the Wake of Madoff

The Madoff team included many experienced attorneys, as well as many new lawyers. A new attorney can get lost in a case like Madoff. Our guest for this episode, Attorney Camille Bent, joined the Madoff team at Baker Hostetler immediately after her two-year clerkship with Bankruptcy Judge Pamela Pepper, who is now the Chief District Judge in the Eastern District of Wisconsin. Camille describes how she and the firm navigated her career while working on this fascinating and at times all-consuming case, which is a story unto itself. This episode will be of special interest to younger lawyers and law firm management in processing pathways for advancement in firms for lawyers that are working on high-stakes cases in which there is global interest. Unsurprisingly, Camille underscores that she needed to be intentional about getting exposure to a range of cases and partners beyond those involved in the Madoff case.

1 month ago

35 minutes 59 seconds

To the Extent That...

The Advocate's Toolbox: Episode 2: Preparing for Your Mediation

Preparing for the mediation session is key. This session will cover how to evaluate your case and determine an appropriate settlement range, how to consider and evaluate risks, and more.

1 month ago

32 minutes 23 seconds

To the Extent That...

Bad Boys of Bankruptcy: The Madoff Files: The Legal Issues: “We Need A New Playbook”

In episode three we turn to the cutting-edge legal issues legal issues of law that were raised in the Madoff case. Because it presented circumstances unlike any that had come before it, the Madoff case required the legal team to develop a new legal playbook. In this episode David Sheehan and Camille Bent of the Baker Hostetler team offer a tutorial on the new precedents established in the case that will provide a game plan for those that are charged with managing recovery after massive Ponzi schemes and will benefit victims of such cases. The most significant of these legal victories is court acceptance of the use of a net equity approach to fairly determine the claim amounts of investors in what has become known as a “net winners/net losers” game plan.

1 month ago

56 minutes 55 seconds

To the Extent That...

Bench Talk: Episode 4: A Conversation with Judge Gunn

Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge Elizabeth Gunn, of the US Bankruptcy Court for the District of Columbia, one of the first COVID-era judges to take the bankruptcy bench, taking the oath of office from her living room as the sole bankruptcy judge in the District of Columbia and DC Circuit. An active member of several local, regional, and national bar associations, Judge Gunn may be best known to some as the moderator of the ABA’s popular podcast series “Bad Boys of Bankruptcy,” and previously worked in private practice and as an Assistant Attorney General in Virginia’s Division of Child Support Enforcement. Judge Gunn shares her thoughts and offers practical insights on balancing her many roles and responsibilities – and her hobby of running marathons!

1 month ago

29 minutes 13 seconds

To the Extent That...

Bench Talk: Episode 3: A Conversation with Judge Song Quiroga

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Diana Song Quiroga, of the US District Court for the Southern District of Texas, a true career public servant, as she describes her path from a federal judicial clerkship to Texas’s Rio Grande Legal Aid, to service as an Texas Assistant Attorney General and Assistant United States Attorney in the Laredo Division, where she now serves as a judge. Judge Song Quiroga shares her positive outlook on the value of making a difference every day in your work, and the importance of keeping an open mind to new opportunities to do so.

1 month ago

43 minutes 34 seconds

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Bad Boys of Bankruptcy: The Madoff Files: The Clean Up Begins: Coordination Like Never Before

In episode two we hear about the extraordinary coordination of the Baker Hostetler team with federal, state and international investigators, including those from the FBI, the SEC, the United States attorney and other law enforcement agencies. Attorneys David Sheehan and Camille Bent are back to discuss how the criminal investigation proceeded hand in hand with the complex work of collecting assets to return a dividend to the thousands of investors that lost billions to the Madoff scheme. In addition to Madoff, several people associated were charged, convicted and sentenced to prison for their roles in this massive fake investment business.

1 month ago

59 minutes 27 seconds

To the Extent That...

Bad Boys of Bankruptcy: The Madoff Files: The Scheme Is Uncovered: “We Are Gonna Need a Bigger Boat”

This first episode focuses on the first days after the shocking discovery that the Madoff multi-billion-dollar investment enterprise was a complete fraud. Unlike most Ponzi schemes, there were actually no investments at all in what on paper appeared to be a massive investment fund. Our guest, attorney David Sheehan of Baker & Hostetler LLP, is retained along with Irving Picard to begin the process of an orderly liquidation of the Bernard L. Madoff Investment Securities LLC. The enormity of the case is unveiled as David and his team learn that $64 billion in supposed investments have in fact never existed despite years of reports to investors that the funds were returning up to 17% profits annually.

2 months ago

53 minutes 7 seconds

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The Advocate's Toolbox: Episode 1: What Is Mediation and When Should I Use It?

This session will set up the basis of why and when to mediate, including the benefits of mediation, figuring out whether mediation is right for your dispute, selecting the right mediator and determining the right time to mediate. Speakers: Kate Gonzalez, Senior Legal Counsel at Airbus, Chris McDonald, ADR Office of Chris McDonald.

2 months ago

28 minutes

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VC Law: Episode 41: Pending VC-Friendly Legislation with Chris Harvey

Host Gary J. Ross talks with Chris Harvey, Managing Partner at Harvey Esquire and a prolific LinkedIn contributor, about three bipartisan bills pending in Congress that could reshape the VC ecosystem: the Equal Opportunity for All Investors Act (HR 3339), which would create an exam-based path to accredited investor status; the Improving Capital Allocation for Newcomers Act (HR 4431), which would raise Section 3(c)(1) fund limits to 500 investors and $50 million; and the Venture Capital Advisor Flexibility Act (HR 4429), which would increase the allowable percentage of secondaries and fund-of-funds investments for exempt reporting advisers.

3 months ago

45 minutes 45 seconds

To the Extent That...

Bench Talk: Episode 2: A Conversation with Chief Magistrate Judge Willie Epps, Jr.

Join us to celebrate the federal trial bench and to hear from Chief Magistrate Judge Willie Epps, Jr., of the US District Court for the Western District of Missouri, as he describes his path from Natchez, Mississippi, to public service as a Judge Advocate and Captain in the US AirForce JAG Corps, and then as Assistant Special Counsel-US Department of Justice in the Waco Investigation – and then to solo practice, big firm practice, and head of litigation for a leading financial services firm. Judge Epps offers his insights on how each of these positions contribute to who he is a judge today, and shares practical tips on how to have a good day in his courtroom.

3 months ago

31 minutes 23 seconds

To the Extent That...

Bench Talk: Episode 1: A Conversation with Magistrate Judge Gina Simms

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Gina Simms, of the US District Court for the District of Maryland, as she describes her path first in public service, including a judicial clerkship, and some seventeen years as an Assistant United States Attorney in the District of Columbia and Maryland and as an Associate Independent Counsel tasked with investigating a former Cabinet secretary – and then in private practice for six years, where she continued to work on criminal and civil compliance and enforcement matters. Judge Simms shares her thoughts on how to have a good day in her courtroom, and what missteps to avoid.

3 months ago

30 minutes 25 seconds

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Cyber Security and Data Privacy: S5E7: A Pennsylvania Regulator's Perspective on Privacy Laws

In Episode 7, host Jordan L. Fischer, Esq. interviews Representative Stephanie Scialabba, a state representative in the Commonwealth of Pennsylvania, who is using her experience in her prior career as a practicing attorney in data privacy and cybersecurity to advance the privacy rights of Pennsylvanians and create realistic solutions for evolving issues. In this episode, Representative Scialabba discusses her perspective on the legislative process around technology, privacy, and how she is approaching such a fast-paced and highly influential area of the law. For more information on Representative Scialabba, visit: https://www.repscialabba.com/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

3 months ago

16 minutes 43 seconds

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VC Law: Episode 40: GP-Led Secondary Transactions with Ruth Jin, Partner at Mintz Levin

Host Gary J. Ross speaks with Ruth Jin, Partner at Mintz Levin, about GP-led secondary transactions, in which a general partner of a fund initiates a sale of one (or more) of its portfolio companies to a new fund, called a continuation vehicle (CV), which is typically managed by the same GP. Ruth describes the setting up and marketing of the continuation vehicle, and the options given to the current fund’s limited partners. Gary and Ruth spend significant time on the conflict of interest issues, and how they are mitigated. Ruth also touches on the necessary disclosures that must be made in the CV’s offering documents.

4 months ago

37 minutes 32 seconds

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VC Law: Episode 39: A Talk with Erik Syvertsen, Chief Legal Officer of AngelList

Host Gary J. Ross speaks with Erik Syvertsen, Chief Legal Officer of AngelList. After a brief introduction, Erik starts off the chat by outlining some of AngelList’s key offerings, including SPVs, Rolling Funds, and Roll Up Vehicles. Gary and Erik then go into how AngelList funds tend to be structured, as well as how AngelList navigates regulatory concerns such as general solicitation and the investment adviser and broker-dealer rules. The episode concludes with a conversation about regulatory trends affecting the platform and the broader venture capital ecosystem, including potential initiatives to expand VC access to retail investors.

5 months ago

43 minutes 5 seconds