Friday, February 25
9:15 am - 5:30 pm
Registration and Continental Breakfast begin at 8:45am
250 Joralemon Street
Brooklyn
About the Symposium
The 2008 financial crisis threatened the stability of financial institutions worldwide and focused attention on firms, financial or otherwise, that might be deemed “Too Big to Fail.” That crisis led directly to the creation, under the recently enacted Dodd-Frank Bill, of a “Resolution Authority” for non-bank entities whose failure might create systemic risk.
A stand-alone resolution authority was not the only option available to policy makers. Instead, the Bankruptcy Code might have been amended to facilitate the restructuring of such institutions, and other insurance schemes might have been considered. Indeed, in other countries, a variety of approaches has been followed.
This symposium will take a comparative look at the different strategies that have been used to deal with systemic risk, both domestically and abroad. The Resolution Authority will be considered in light of alternative domestic regimes, such as state insurance resolution, SIPC and the PBGC. The symposium will also consider the approaches followed in Germany, the UK, the EU generally, and Canada. Finally, the symposium will consider the sales of Chrysler and GM in bankruptcy.
Throughout, the symposium will consider the complex interaction between market discipline and the role of governments in maintaining financial market stability. Dodd-Frank is neither the starting point nor the end point of the theoretical and policy discussions, and this program will inform both.
Symposium Co-Chairs
Professor Edward J. Janger
Professor Roberta S. Karmel
Co-Sponsors
Brooklyn Journal of Corporate, Financial and Commercial Law was founded in 2005 as a student-run academic law journal, focusing on corporate, financial and commercial law subjects, including securities and bankruptcy law. The Journal hosts an annual symposium devoted to a business-related topic, at which current and significant questions of legal policy can be addressed by both academics and practitioners. The Journal publishes articles from leading scholars and student-prepared notes.
The Dennis J. Block Center for the Study of International Business Law was established by Brooklyn Law School to provide students the opportunity to study and shape international business law and policy, drawing upon its faculty’s depth of scholarship, experience, and strong international and business law curriculum. The Center sponsors outstanding symposia that bring together leading practitioners, government officials, and legal scholars from around the world to discuss topics including securities regulation, trade, banking, and intellectual property law.
CLE Credit
This course provides 7 CLE credits in the State of New York. The credits are transitional and non-transitional and the category is Areas of Professional Practice. If you have any questions about CLE credit for this event, please call 718-780-7953.
Agenda
9:15 am Introductory Remarks
Edward J. Janger
David M. Barse Professor of Law
Brooklyn Law School
9:30 am The Resolution Authority
Speakers
James Fanto
Professor of Law
Brooklyn Law School
Jeffrey N. Gordon
Alfred W. Bressler Professor of Law
Columbia Law School
Roberta S. Karmel
Centennial Professor of Law
Brooklyn Law School
Commentator
Arthur E. Wilmarth, Jr.
Professor of Law
George Washington University Law School
11:00 am Break
11:15 am Comparative Resolution Institutions – U.S.
Speakers
Thomas W. Joo
Professor of Law
University of California, Davis, School of Law
William D. Goddard
Bingham McCutchen LLP
Cheryl D. Block
Professor of Law
Washington University Law School, St. Louis
Commentator
Susan Block-Lieb
Cooper Family Professor of Law
Fordham University School of Law
12:45 pm Luncheon
2:00 pm Comparative Approaches to Resolution – International
Speakers
Christoph G. Paulus
Professor of Law
Humboldt-Universität zu Berlin
Takis Tridimas
Sir John Lubbock Professor of Banking Law
Centre for Commercial Law Studies
Queen Mary College, University of London
Professor and Nancy A. Patterson Distinguished Faculty Scholar
The Dickinson School of Law, The Pennsylvania State University
Nick Segal
Partner
Freshfields Bruckhaus Deringer LLP
Commentator
Geoffrey P. Miller
Stuyvesant P. Comfort Professor of Law
Director, Center for the Study of Central Banks and Financial Institutions
New York University School of Law
3:30 pm Break
3:45 pm Resolution and Restructuring Through Bankruptcy
Speakers
Stephen J. Lubben
Daniel J. Moore Professor of Law
Seton Hall University School of Law
Stephanie Ben-Ishai
Associate Professor of Law
Osgoode Hall Law School York University
Judge Robert E. Gerber
United States Bankruptcy Court (SDNY)
Joseph H. Smolinsky
Partner
Weil, Gotshal & Manges LLP
Edward J. Janger
David M. Barse Professor of Law
Brooklyn Law School
5:00 pm Concluding Remarks