Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866

When Worlds Collide: The Intersection of Labor, Pension, and Bankruptcy Laws

June 19, 2012 - New York City

Hostess, American Airlines, GM, and Chrysler file for bankruptcy, potentially making employees, retirees, and pension funds the casualties.

  • What lessons can be learned?
  • Are Sections 1113 and 1114 of the Bankruptcy Code working as intended?
  • Whose interests are paramount?
  • How should the balance be struck between the rights under the CBA and the interests of the debtor?
  • What is the role of the creditors' committee in 1113 and 1114 litigation?
  • What is the role of the Pension Benefit Guaranty Corporation?
  • What actions may it take prior to and after a bankruptcy filing?
  • Who else should be sacrificing?
  • How should operational difficulties be weighed?
  • What proofs are necessary for relief?

Key substantive and procedural issues in 1113 and 1114 litigation will be addressed.

Join us for a discussion on what employers, creditors, and labor attorneys need to know when counseling and representing clients in these cases. 

Panel of experts

  • Robert E. Gerber, SDNY bankruptcy judge
  • Jeffrey Sabin, Esq., Bingham McCutchen LLP
  • Lisa Donahue, AlixPartners
  • Kenneth Rosen, Esq., Lowenstein Sandler PC
  • Richard Seltzer, Esq., Cohen, Weiss & Simon LLP
  • Harold J. Ashner, Esq., Keightley & Ashner LLP
  • Harry Wilson, MAEVA Group, LLC
  • Tim Coleman, The Blackstone Group L.P.
  • Thomas Moers Mayer, Esq., Kramer Levin Naftalis & Frankel LLP

Co-sponsored by

Bingham McCutchen LLP and Lowenstein Sandler PC

 

PROGRAM MATERIALS:

Ashner, Harold J. PowerPoint: Dealing with PBGC.

Ashner, Harold J. "Stealth Liability Lurks for Employers with Ongoing Pension Plans Who Downsize or Sell Businesses." BNA. 9/14/10.

Dawson, Andrew B. "Collective Bargaining Agreements in Corporate Reorganizations." American Bankruptcy Law Journal. Volume 84, 2010. http://isites.harvard.edu/fs/docs/icb.topic526845.files/ANDREW%20DAWSON%20-%20ABLJ%20CollectiveBargainingAgreements.pdf

Elster, Matthew. "Just How Necessary is "Necessary"?: The Question of Interpretation in 11 U.S.C. § 1113(B)(1)(A)." Journal of Legislation. Volume 35:2, 2009. HeinOnLine—35 J. Legis. 172, 2009.

Levine, Sharon L.; S. Jason Teele; and Andrew D. Behlmann. "Airline and Railroad Labor and Employment Law: An Overview of Collective Bargaining Agreements, Retiree Medical Benefits, and Pension Issues in Chapter 11." Paper, Lowenstein Sandler, Attorneys at Law. 6/13/2012.

"Protecting Employees in Airline Bankruptcies. Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary House of Representatives One Hundred Eleventh Congress First Session." 12/16/2009. Serial No. 11-61. http://judiciary.house.gov/hearings/printers/111th/111-61_54077.PDF

Sabin, Jeffrey S.; Natascha S. George; and Ainsley G. Moloney. Treatment of Retiree Benefits in Chapter 11-A Summary of Section 1114 of the Bankruptcy Code. Paper, Bingham McCutchen LLP.