Chicago Chapter

Suburban Breakfast Program - My Customer, Supplier or Counterparty is in Distress and May File (or has filed) Bankruptcy – What Do I Do? Strategies, Practical Tips and How to Avoid Pitfalls


Maggiano’s Restaurant, 240 Oak Brook Center, Oak Brook, IL


A panel of attorneys and in-house counsel will discuss how to proactively identify and protect against, customer, supplier, and counterparty financial distress.  This session will provide practical legal strategies and tips that can be implemented now to minimize losses in the event of third party financial distress and/or bankruptcy.  Whether it be a key provider in your supply chain, a licensee or licensor of intellectual property, a major customer, joint venture, or a contractual counterparty, this panel will help you navigate the most pressing issues. 

Topics include:
·        Top 10 signs of financial distress
·        Formulating a proactive response
·        Specific loss mitigation strategies
·        Helping business teams to evaluate and measure legal risk in an uncertain economy


Jill L. Nicholson is a partner and trial lawyer with Foley & Lardner LLP and chair of the firm's national Bankruptcy & Business Reorganizations Practice. She concentrates her practice in commercial bankruptcy and insolvency matters, creditors’ rights, out-of-court workouts and restructurings, and complex multidistrict financial services litigation. She is also a member of the firm’s Real Estate Practice. 

Geoffrey S. Goodman is a partner and litigation lawyer with Foley & Lardner LLP. Mr. Goodman’s practice covers broad areas of bankruptcy and insolvency law and has focused on commodities and securities bankruptcies, as well as health care and energy bankruptcies. He is vice chair for the firm's Bankruptcy & Business Reorganizations Practice and a member of the Appellate Practice.

Joanne Lee is a partner and business litigation attorney with Foley & Lardner LLP. Her practice focuses on electronic discovery and bankruptcy litigation. Ms. Lee is a member of the firm’s Bankruptcy & Business Reorganizations and Business Litigation & Dispute Resolution Practices. She is co-chair of the Cross-Border Insolvency Team and the E-Discovery Industry Team. Ms. Lee is also co-chair of the firm’s Asian Pacific American Affinity Group. 

Brad Berliner is an Associate General Counsel for the Central States Southeast and Southwest Areas Health and Welfare and Pension Funds
, two of the largest multiemployer pension and health and welfare trust funds in the United States. He has litigated hundreds of cases in United States bankruptcy and district courts, including trials in the Northern District of Illinois and contested confirmation hearings in multiple bankruptcy courts.  Brad has also argued in the Third, Sixth and Seventh Circuit Courts of Appeals. In the bankruptcy arena, he has served as chairperson for numerous committees of unsecured creditors, including in the Hostess Brands bankruptcy case in New York and the Allied Systems Holdings bankruptcy case in Delaware.

Paul Malone serves as Assistant General Counsel – Purchasing and IT for Cummins Inc. 
He joined Cummins in 1998 as Corporate Counsel and was named Director of Government Affairs in 1999.  In 2002, he left the Legal Function to serve as a Six Sigma Black Belt.  After his Black Belt assignment, he led the Engine Business Unit warranty administration organization, including a cross-functional group of technical experts in efforts to understand durability and life cycle cost of Cummins high horsepower product in industrial and power generation applications.  He returned to the Legal Function in 2008 as Senior Counsel – Purchasing and assumed his current role in 2014.  His current responsibilities include evaluating bankruptcy risk, handling supplier and customer bankruptcy and insolvency, addressing production needs and outsourcing, and other loss mitigation functions.  Prior to joining Cummins, he served as a Deputy Attorney General for the State of Indiana Prior and was an attorney in private practice specializing in creditors’ rights and transactional work. 


7:30 am: Registration/Networking/Breakfast
8:00 am: Presentation
9:00 am: Q&A

Online Registration Preferred:  To set up your ACC Chicago registration account, please follow the site instructions as a "New User" upon your first visit.  You will receive a confirmation at the end of your registration process.


Credits: One Hour
State: Illinois
Category: General Credit Hour


Chapter Administrator, Lisa Carreras
Phone: 815-464-8336
Fax: 815-464-8334


Attendance is complimentary, but limited to ACC members, in-house prospective ACC members and guests of the sponsor.

Sponsored By:

Foley & Lardner LLP

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