Panel Archives - Institute of Asian-Pacific Business Law https://iapbl.org/category/panel/ At the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa Mon, 03 Mar 2025 22:37:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://iapbl.org/wp-content/uploads/2022/11/cropped-kekanawaimamalahoe-logo-light-green-32x32.png Panel Archives - Institute of Asian-Pacific Business Law https://iapbl.org/category/panel/ 32 32 Richardson Business Boot Camp V https://iapbl.org/2025/02/06/richardson-business-boot-camp-v/ https://iapbl.org/2025/02/06/richardson-business-boot-camp-v/#respond Thu, 06 Feb 2025 00:18:43 +0000 http://iapbl.org/?p=7428 Hosted by IAPBL, Director Charles D. Booth, Deputy Director Garrett I. Halydier, & Prof. Miyoko Pettit-Toledo. The William

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Hosted by IAPBL, Director Charles D. Booth, Deputy Director Garrett I. Halydier, & Prof. Miyoko Pettit-Toledo.

The William S. Richardson School of Law hosted the 5th annual Business Boot Camp (BBC V). Students attended ten sessions over two days to learn about business law, and the business of law, from a new high of 31 presenters, including academics and legal, financial, and business professionals. BBC V introduced basic financial and business concepts, laid the groundwork for Richardson’s commercial and business law courses, and improved students’ financial literacy. This year, IAPBL was especially pleased to offer BBC V to Richardson’s new Online JD Flex program students as well. Overall, 32 students attended in person on the first day and 21 on the second day and another 51 joined online on the first day and 38 on the second day.

Business Boot Camp is an initiative promoted by Dean Camille Nelson. Prof. Charles D. Booth, Director of the co-sponsoring Institute of Asian-Pacific Business Law (IAPBL), led the organization of the Boot Camp, assisted by Prof. Miyoko Pettit-Toledo and Prof. Garrett I. Halydier ’15, Deputy Director of IAPBL and visiting from Ohio Northern University Pettit College of Law, where he now teaches. Prof. Pettit-Toledo provided extensive administrative planning and fundraising support. Professors Booth and Halydier hosted and moderated the non-panel sessions, and Professors Pettit-Toledo and Halydier each moderated a professional panel.

Dean Nelson kicked off BBC V by welcoming students and emphasizing the importance of business law for legal practice and the value of the BBC for students, no matter what area of law they intend to practice. Even students interested in non-profits need to understand balance sheets!

Prof. Booth introduced basic financial concepts and discussed how students can develop financial and business literacy and basic commercial skill sets.

Dean Nicholas A. Mirkay and Prof. Justin D. Levinson discussed basic taxation and basic business association concepts that lawyers should consider when advising new businesses.

Prof. Emile Loza de Siles and Mr. Matthew Stubenberg discussed AI issues that lawyers must be aware of and may expect to address in their business or government law careers. Attorneys have vital strategic, advocacy, and advising roles in responsible AI development, procurement, use, and compliance. This session covered these opportunities and challenges and introduced students to some of the most popular AI legal tech tools on the market.

The Honorable Robert J. Faris provided interactive presentations about credit card debt and financial literacy, and was joined by Prof. Booth to discuss basic bankruptcy concepts under Chapters 7, 11, and 13 of the US Bankruptcy Code; the effect of COVID-19 on filing rates; and difficulties of discharging student loans in bankruptcy.

Prof. Booth provided an overview of the business law curriculum and introduced the Richardson Business Law professors – Alina Ng Boyte, Eduardo Capulong, Richard C. Chen, The Honorable Robert J. Faris, Mark A. Levin, Justin D. Levinson, Emile Loza de Siles, Miyoko Pettit-Toledo, Melissa Stewart, Richard Wallsgrove, Dean Mirkay and Mr. Matthew Stubenberg, who talked about their business experiences and research interests and previewed their upcoming business classes. Prof. Brian Huffman previewed the library’s business law resources and Richardson’s Bloomberg subscription and relevant cutting-edge AI resources.

Prof. Pettit-Toledo moderated the Business of Law Panel. Panelists included: Ms. Sherry Broder (Sherry P. Broder, A Law Corporation); Mr. Alex Chun (Associate General Counsel, Hawai‘i Gas); Ms. Lea Hong (Vice-President & Hawaiian Islands State Director, Trust for Public Land); Mr. Jordan Inafuku (McCorriston Miller Mukai MacKinnon LLP); Ms. Lauren Kagawa (Starn O’Toole Marcus & Fisher); Mr. William Kaneko (Dentons US LLP);and Mr. Ted N. Pettit (Pettit Law Hawai‘i LLLC). The panel discussed the business of law: How firms operate and grow, what makes a good associate, legal jobs beyond the law firm (like compliance work), and the importance of business law for public interest work.

Ms. Lauren Sharkey & Prof.  Halydier showed students how to read balance sheets, cash flow statements, and financial statements.

Ms. Andrea K. Ushijima ’13 and Mr. Tod Tanaka discussed commercial real estate acquisitions and financing from the perspective of the acquiring borrower and lenders. They reviewed the process involved in the acquisition of a property for development into a mixed-use condominium project and the financing of the property acquisition and construction of the project.

Prof.  Halydier moderated the Corporate Counsel – Inside and Out Panel, with guests Ms. Nicole Kalajian (Rimon Law); Ms. Tracey Lesetar-Smith (TLSK Advisory); Mr. Brandon H.P. Lin (SPQ Asia Capital); Prof. Rob Robinson (Shidler College of Business; Hawaii Angels); and Mr. Eric M. Van Horn (Spencer Fane LLP). The panel helped law students better appreciate the broader business context of legal decision-making, the role of lawyers in advising corporations on complex transactions, and some of the crunchier details of investment finance. These topics are valuable for lawyers who will interact with businesses in the course of practice, whether during corporate representation, civil litigation, non-profit management, or government regulatory work.

On Friday night, the students, speakers, and guests networked at a Pau Hana. Special thanks to Prof. Victoria Szymczak, Lynette Rudolfo and the William S. Richardson School of Law Library for hosting.

The event would not have been possible without the event organization expertise of Richardson’s Events Office: Anne Sumangil and Lauren Masquida. Thank you also to Melissa Korta, Director of Special Projects, who arranged parking for speakers and to the administrative and event support of law school staff members Kevin Nguyen and Keiralyn Pease. Special thank you to Director Kari Carolan for facilitating the inclusion of Richardson’s new Online JD Flex program participants.

Another special thank you to IAPBL business law student Anthony Caliano ’26 for his assistance before and throughout BBC V and to law student John Park ’27, who assisted Anthony.

Thank you to our vendors: Holoholo Grill, Cafe 1132, Da Spot, and Stortos Subs.

A final special thank you to our sponsors is also in order. Business Boot Camp V was only a success due to their generous support. Thank you! 

  • Cades Shutte, LLLP
  • Lea Hong, Hawaiian Trust for Public Land
  • Pettit Law Hawaii
  • Sherry P. Broder, Esq.
  • Dentons
  • Rimon Law
  • Starn O’Toole Marcus & Fisher, A Law Corporation
  • Case Lombardi, A Law Corporation
  • Spencer Fane

Speaker Bios and the full program are available here:

2025-Business-Boot-Camp-V-Brochure-w_Bios-clean

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Richardson Business Boot Camp IV https://iapbl.org/2024/03/14/richardson-business-boot-camp-iv/ https://iapbl.org/2024/03/14/richardson-business-boot-camp-iv/#respond Thu, 14 Mar 2024 07:07:10 +0000 http://iapbl.org/?p=492 Hosted by IAPBL, Director Charles D. Booth, Deputy Director Garrett I. Halydier The William S. Richardson School of

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Hosted by IAPBL, Director Charles D. Booth, Deputy Director Garrett I. Halydier

The William S. Richardson School of Law hosted the fourth annual Business Boot Camp. Student attendance grew by 48% to sixty-five attendees who attended nine sessions over two days to learn about business law, and the business of law, from twenty-nine fantastic presenters. The Boot Camp introduced basic financial and business concepts, laid the groundwork for Richardson’s commercial and business courses, and improved students’ financial literacy. This year, IAPBL was especially pleased to offer the Business Boot Camp to Richardson’s new Online JD Flex program students as well.

The Business Boot Camp, now in its fourth iteration, is an initiative promoted by Dean Camille Nelson. Prof. Charles D. Booth, Director of the sponsoring Institute of Asian-Pacific Business Law, led the organization of the Boot Camp, assisted by Prof. Garrett I. Halydier ’15, Deputy Director of the Institute of Asian-Pacific Business Law. Prof. Miyoko Pettit-Toledo provided extensive fundraising support.

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Dean Camille A. Nelson kicked off the Business Boot Camp by welcoming students and emphasizing the importance of business law for legal practice and the value of the Business Boot Camp.

Prof. Charles D. Booth introduced basic financial concepts and discussed how students can develop financial and business literacy and basic commercial skill sets.

Dean Nicholas A. Mirkay and Prof. Justin D. Levinson discussed basic taxation and basic business association concepts that lawyers should consider when advising new businesses.

The Honorable Robert J. Faris provided interactive presentations about credit card debt and financial literacy, and was joined by Prof. Charles D. Booth to discuss basic bankruptcy concepts under Chapters 7, 11, and 13 of the US Bankruptcy Code; the effect of COVID-19 on filing rates; and difficulties of discharging student loans in bankruptcy.

Prof. Charles D. Booth provided an overview of the business law curriculum and introduced the Richardson Business Law professors – Richard C. Chen, Garrett I. Halydier, Mark A. Levin, Justin D. Levinson, Emile Loza de Siles, Miyoko Pettit-Toledo, Victoria J. Szymczak, Melissa Stewart, and Richard Wallsgrove; and The Honorable Robert J. Faris, Dean Nicholas A. Mirkay and Mr. Matthew Stubenberg – talked about their business experiences and research interests, and previewed their upcoming business classes. Prof. Daniel Blackaby previewed the library’s business law resources and Richardson’s new Bloomberg subscription

Prof. Miyoko Pettit-Toledo moderated the Business of Law panel. Panelists included: Ms. Sherry Broder (Sherry P. Broder, A Law Corporation); Ms. Lea Hong ’91 (Hawaiian Islands State Director of The Trust for Public Land); Ms. Lauren Kagawa ’18 (Starn O’Toole Marcus & Fisher); Mr. William Kaneko (Dentons US LLP); and Mr. Ted N. Pettit ’86 (Pettit Law Hawai‘i LLLC). The panel discussed the business of law: How firms operate and grow, what makes a good associate, legal jobs beyond the law firm (like compliance work), and the importance of business law for public interest work.

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Dr. Jacquie Carroll, an Accredited Financial Counselor® from AccessLex Institute®,walked the students through a credit and debt checklist that includes when and how to review credit scores and reports, how to dispute errors and build your credit profile over time, and how to check Character and Fitness requirements for your jurisdiction. She also talked discussed making lifestyle choices with debt-to-income ratios in mind, keeping credit usage under control, building a cash cushion, and automatically investing a percentage of each paycheck as key habits that legal professionals can develop to manage money and build wealth over time.

Ms. Lauren Sharkey & Prof. Garrett I. Halydier showed students how to read balance sheets, cash flow statements, and financial statements.

Ms. Andrea K. Ushijima ’13 and Mr. Tod Tanaka discussed commercial real estate acquisitions and financing from the perspective of the acquiring borrower and lenders. They reviewed the process involved in the acquisition of a property for development into a mixed-use condominium project and the financing of the property acquisition and construction of the project

Profs. Garrett I. Halydier moderated the Corporate Counsel – Inside and Out Panel, with guests Mr. David F. Asmus (Sidley Austin LLP (ret.)), Ms. Tracey Lesetar-Smith (TLSK Advisory), Prof. Rob Robinson (Shidler College of Business; Hawaii Angels), and Mr. Eric M. Van Horn (Spencer Fane LLP). The panel provided the broader business context of legal decision-making and the role of lawyers in advising corporations big and small throughout their life cycle. These topics are valuable for any lawyer that will interact with businesses in the course of practice, whether during corporate representation, civil litigation, non-profit management, or government regulatory interactions

On Friday night, the students, speakers, and guests practiced their networking skills at a Business Pau Hana. Special thanks to Prof. Victoria Szymczak, Lynette Rudolfo and the William S. Richardson School of Law Library for hosting!

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The event would not have been possible without the event organization expertise of Richardson’s Events Office: Anne Sumangil and Daniella Miller. Thank you also to the administrative and event support of law school staff members Benny Au, Keiralyn Pease, Heather Smith-Lee, and Tracie Sur. Special thank you to Director Kari Carolan for facilitating the inclusion of Richardson’s new Online JD Flex program participants.

Richardson Law and Business Organization Students provided support for the event, including Kimi Andrews ’25, Cara Rozzi ’25, Cambrie Motooka ’25, and Alexys Delgado ’25.

Thank you to our vendors: Holoholo Grill, Cafe 1132, Da Spot, and Stortos Subs.

A final special thank you to our sponsors is also in order. Business Boot Camp IVwas only a success due to their generous support. Thank you! 

  • Lea Hong, Hawaiian Trust for Public Land
  • Dentons
  • Pettit Law Hawaii
  • Cades Shutte
  • Starn O’Toole Marcus & Fisher
  • Spencer Fane

Speaker Bios and the full program are available here:

BBC-IV-final-brochure

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Conference: Insolvency Law and Reform in the Aftermath of the Global Pandemic https://iapbl.org/2023/10/26/insolvency-law-and-reform-in-the-aftermath-of-the-global-pandemic/ https://iapbl.org/2023/10/26/insolvency-law-and-reform-in-the-aftermath-of-the-global-pandemic/#respond Thu, 26 Oct 2023 22:42:44 +0000 https://iapbl.org/?p=403 This symposium involved discussions among academics, lawyers, judges, and accountants from Hawai‘i, the US Mainland, Hong Kong, and Singapore on recent insolvency law developments in the aftermath of the global pandemic.

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Recent Developments in Hawaii, the United States and Asia

The Institute of Asian-Pacific Business Law joined the Hawaii Bankruptcy Bar Association on Oct. 26 and 27, 2023 to host a Symposium–Insolvency Law and Reform in the Aftermath of the Global Pandemic: Recent Developments in Hawai‘i, the United States and Asia. IAPBL Director Prof. Charles D. Booth, HBBA President Bridget Morgan-Bickerton, and IAPBL Deputy Director Prof. Garrett I. Halydier ’15, assisted by Richardson Students Chloe Berridge, ’24, Jordan Marzan ’24, and Eva Muller LLM,  administered the conference for sixty-seven attendees and speakers from around the world.

This symposium involved discussions among academics, lawyers, judges, and accountants from Hawai‘i, the US Mainland, Hong Kong, and Singapore on recent insolvency law developments in the aftermath of the global pandemic. Topics of discussion included consumer issues and student loans; the role of ADR; economic overviews; recognition of foreign proceedings; fraudulent transfer litigation and the use of the Texas two-step; comparative corporate insolvency issues including DIP financing and third-party releases; ethical issues regarding the use of technology and artificial intelligence; and US Chapter 11 Subchapter V and SME insolvency procedures.

Organized by:

Sponsors

Platinum: Andrews+Thornton; Dentons; HonDiscovery

Gold: O’Connor Playdon Guben & Inouye LLP; Choi & Ito; Pettit Law Hawaii LLLC; Chun Kerr LLP; Rush Moore LLP; Affinity Law Group; Bickerton Law Group LLP; Cades Shutte

Student Sponsorship: Pettit Law Hawaii LLLC; O’Connor Playdon Guben & Inouye LLP

Cooperating Institutions: INSOL International; Asian Institute of International Finance: University of Hong Kong; Singapore Management University: Singapore Global Restructuring Initiative

Symposium Planning Committee

Prof. Charles D. Booth, IAPBL Director & Michael J Marks Distinguished Professor in Business Law, Richardson School of Law, University of Hawai`i 

Mr. Jerrold K. Guben, Partner, O’Conner Playdon Guben & Inouye, Honolulu

Prof. Garrett I. Halydier, IAPBL Deputy Director & Visiting Assistant Professor, Richardson School of Law, University of Hawai‘i 

Ms. Bridget G. Morgan-Bickerton, Managing Partner, Bickerton Law Group LLLP, Honolulu; President, Hawai‘i Bankruptcy Bar Association  

Mr. Ted N. Pettit, Pettit Law Hawai‘i LLLC, Honolulu

Ms. Susan Tius, Partner, Rush Moore LLP, Honolulu

Mr. Theodore D.C. Young, Partner & Chair, Bankruptcy & Creditors’ Rights Practice Group, Cades Schutte LLP, Honolulu

Programme:

Speaker Bios:

Session Materials:

Use this link to access all of the materials available for the Insolvency Symposium.

https://bit.ly/ViewSpeakerMaterials

Not every session has materials, but many do. The Student Loan powerpoint is now available as well.

Thank you for attending!

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Richardson Business Boot Camp III https://iapbl.org/2023/01/27/richardson-business-boot-camp-iii/ https://iapbl.org/2023/01/27/richardson-business-boot-camp-iii/#respond Fri, 27 Jan 2023 21:33:00 +0000 http://iapbl.org/?p=346 Hosted by IAPBL, Director Charles D. Booth, Deputy Director Garrett I. Halydier The William S. Richardson School of

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Hosted by IAPBL, Director Charles D. Booth, Deputy Director Garrett I. Halydier

The William S. Richardson School of Law hosted the third annual Business Boot Camp.The event saw great attendance from forty-four students and seven CLE participants who attended nine sessions over two days to learn about business law, and the business of law, from twenty-six fantastic presenters. The Boot Camp introduced basic financial and business concepts, laid the groundwork for Richardson’s commercial and business courses, and improved students’ financial literacy. 

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The Business Boot Camp, now in its third iteration, is an initiative promoted by Dean Camille Nelson. Prof.

Charles D. Booth, Director of the sponsoring Institute of Asian-Pacific Business Law, led the organization of the Boot Camp, assisted by Prof. Garrett I. Halydier ’15, Deputy Director of the Institute of Asian-Pacific Business Law, and Prof. Miyoko Pettit-Toledo ’15.

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Dean Camille A. Nelson kicked off the Business Boot Camp by welcoming students and emphasizing the importance of business law for legal practice and the value of the Business Boot Camp.

Prof. Charles D. Booth introduced basic financial concepts and discussed how students can develop financial and business literacy and basic commercial skill sets.

The Honorable Robert J. Faris provided an interactive presentation about credit card debt and financial literacy, and was joined by Prof. Charles D. Booth to discuss basic bankruptcy concepts under Chapters 7, 11, and 13 of the US Bankruptcy Code; the effect of COVID-19 on filing rates; and difficulties of discharging student loans in bankruptcy.

IMG_1271.jpg

Prof. Charles D. Booth provided an overview of the business law curriculum and introduced the Richardson Business Law professors – Profs. Richard C. Chen, Garrett I. Halydier, Mark A. Levin, Justin Levinson, Emile Loza de Siles, Miyoko Pettit-Toledo, Victoria J. Szymczak, Richard Wallsgrove ’08, The Honorable Robert J. Faris, and Dean Nicholas Mirkay – talked about their business experiences and research interests, and previewed their upcoming business classes.

Prof. Miyoko Pettit-Toledo moderated the Business of Law panel. Panelists included: Ms. Sherry Broder (Sherry P. Broder, A Law Corporation); Ms. Christine Daleiden (Director of Compliance at American Savings Bank); Ms. Lea Hong ’91 (Hawaiian Islands State Director of The Trust for Public Land); Mr. Jordan Inafuku ’15 (McCorriston Miller Mukai MacKinnon LLP); Ms. Lauren Kagawa ’18 (Starn O’Toole Marcus & Fisher); Mr. William Kaneko (Dentons US LLP); and Mr. Ted N. Pettit ’86 (Pettit Law Hawai‘i LLLC). The panel discussed the business of law: How firms operate and grow, what makes a good associate, legal jobs beyond the law firm (like compliance work), and the importance of business law for public interest work.

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On the second day: Dean Nicholas A. Mirkay and Prof. Justin D. Levinson discussed basic taxation and basic business association concepts that lawyers should consider when advising new businesses.


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Ms. Lauren Sharkey showed students how to read balance sheets, cash flow statements, and financial statements.


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Ms. Andrea K. Ushijima ’13 and Mr. Tod Tanaka discussed real estate finance from different perspectives.

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Profs. Garrett I. Halydier and Miyoko Pettit-Toledo moderated the final panel: Non-Profit Law and Business Innovation, which included Mr. Trever Asam (Cades Schutte, LLP); Prof. Shirley Daniel (University of Hawaii Shidler College of Business); Ms. Melissa Miyashiro ’10 (Executive Director at Blue Planet Foundation); and Mr. Matthew Stubenberg (Innovator in Residence at Richardson School of Law). The panel will discussed the business necessities of non-profit law, the different roles for lawyers in that process, managing non-profit boards, new developments in business law, and the role of technology in the future of law practice.

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On Friday night, the students, speakers, and guests practiced their networking skills at a Business Pau Hana. Special thanks to Victoria Szymczak and the William S. Richardson School of Law Library for hosting!

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The event would not have been possible without the administrative and event support of law school staff members Benny Au, Kari Carolan, Keiraln Pease, Heather Smith-Lee, and Tracie Sur; law students Laura Essenberg ’23; Diamonte Chamberlin ’24; Anthony Jim ’23; Matt Gozun ’23; Mary Yanagihara ’24; Cong Nguyen ’24; student workers Daniella Miller and Scarlett Austin; and Prof. Garrett I. Halydier

A final special thank you to our sponsors is also in order. Business Boot Camp III was only a success due to their generous support. Thank you! 

  • Cades Shutte, LLLP
  • Case Lombardi, A Law Corporation
  • The Institute for Asian Pacific Business Law
  • Pettit Law Hawaii, LLLC
  • Sherry P. Broder
  • The Trust for Public Land
  • William S. Richardson School of Law

Speaker bios can be found at this link. Further information and the presentation materials from the entire Boot Camp are available at this link.

2023-Business-Boot-Camp-III-Brochure

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Strengthening Insolvency Systems in Asia and the Pacific https://iapbl.org/2022/12/15/strengthening-insolvency-systems-in-asia-and-the-pacific/ https://iapbl.org/2022/12/15/strengthening-insolvency-systems-in-asia-and-the-pacific/#respond Thu, 15 Dec 2022 19:14:00 +0000 https://iapbl.org/?p=511 Asian Development Bank Headquarters A well-functioning insolvency system is essential for the competitiveness and growth of an economy.

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Asian Development Bank Headquarters

A well-functioning insolvency system is essential for the competitiveness and growth of an economy. Yet, many countries in Asia and the Pacific still have inefficient insolvency frameworks. The lack of an attractive legal, market and institutional environment to deal with financial distress may hamper entrepreneurship, access to finance and economic growth. Additionally, a weak insolvency framework may increase the level of non-performing loans in the banking sector. If so, it can end up jeopardizing the stability of the financial system and even lead to sovereign debt issues. To address those problems while facilitating economic recovery in the post-pandemic world, this event will seek to analyze how countries in Asia and the Pacific can strengthen their insolvency and restructuring frameworks. To this end, the event will discuss modern trends and developments in corporate restructuring and insolvency and how an insolvency system should be designed or improved taking into account the legal, market and institutional features existing in a particular jurisdiction.

Topics discussed in the event included: (i) strategies to effectively promote workouts; (ii) design of hybrid procedures and formal insolvency proceedings; (iii) adoption of simplified insolvency frameworks for micro and small enterprises; (iv) implementation of rescue financing provisions; (v) directors’ duties and liability in the zone of insolvency; (vi) governance models of insolvency and restructuring proceedings; (vii) regulatory framework of insolvency practitioners; (viii) treatment of contracts in insolvency and restructuring proceedings; (ix) valuation of assets and ranking of claims in insolvency proceedings; (x) treatment of corporate groups in insolvency; (xi) personal insolvency; and (xii) cross-border insolvency. Additionally, all the panels will be encouraged to discuss market and institutional challenges and reforms that can make an insolvency regime more effective. While the event will provide lessons for the improvement of insolvency regimes in Asia Pacific, it will pay special attention to emerging economies in Asia and the Pacific currently considering the possibility of strengthening their insolvency frameworks.

Organizers: Asian Development Bank,Singapore Management University, Singapore Global Restructuring Initiative, University of Chicago Law School’s Center on Law and Finance, University of Cambridge’s Centre for Corporate and Commercial Law, INSOL International.

Prof. Charles Booth of the William S. Richardson School of Law discussed Avoidance Actions and Insolvency Frameworks for Individuals and Micro and Small Enterprises

Panel 7. Avoidance actions

Most insolvency jurisdictions include provisions that facilitate the avoidance of certain transactions entered into by a debtor prior to the commencement of an insolvency proceeding. These transactions seek to prevent or otherwise reverse transactions that can be detrimental for the creditors. Despite the benefits eventually created by these mechanisms, the use –and even existence– of avoidance actions is not costless. On the one hand, the initiation of these actions may generate litigation costs. On the other hand, the existence of avoidance provisions may harm predictability and legal certainty, especially in jurisdictions where it is relatively easy to avoid a transaction, usually because bad faith is not required, the lookback period for the avoidance of transactions is too long, or no financial conditions are required to avoid a transaction.  This panel will discuss how countries should design avoidance provisions taking into account the conflicting policy goals often existing in the design of avoidance actions as well as the particular features of a country.

Relevant readings:

Panel 8. Insolvency frameworks for individuals and micro and small enterprises

 Micro and small enterprises (MSEs) represent the vast majority of businesses in most countries around the world. Despite the economic relevance of small businesses, most insolvency jurisdictions in Asia – and elsewhere– do not provide suitable insolvency frameworks for MSEs. This panel analyses how countries can adopt more attractive insolvency frameworks for small businesses. To that end, it will take into account the approaches that have been adopted by various jurisdictions, as well as the policy recommendations suggested by organisations such as the World Bank, UNCITRAL, and the International Insolvency Institute/Asian Business Law Institute. Moreover, it will discuss how these approaches and policy recommendations should be adjusted to different market and institutional environments. Lastly, this panel will discuss whether and, if so, under which conditions, countries should provide a discharge of debt for consumers and individual entrepreneurs.

Relevant readings:

The full program for the conference can be found here:

Insolvency-Conference

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International Law and Post-Pandemic Asia: New Economic Challenges and Opportunities https://iapbl.org/2021/08/05/international-law-and-post-pandemic-asia-new-economic-challenges-and-opportunities/ https://iapbl.org/2021/08/05/international-law-and-post-pandemic-asia-new-economic-challenges-and-opportunities/#respond Thu, 05 Aug 2021 07:48:00 +0000 http://iapbl.org/?p=340 On August 5 and 6, 2021, Professor Richard C. Chen chaired a the panel featuring papers on international

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On August 5 and 6, 2021, Professor Richard C. Chen chaired a the panel featuring papers on international investment law at the ILA-ASIL Asia-Pacific Research Forum.

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