To the Extent That...

To the Extent That...

ABA Business Law Section
Држава Сједињене Државе
Жанрови Посао
Језик EN
Епизоде 248
Последња 15.09.2026

Podcast by ABA Business Law Section, covering topics related to business law, including legal developments, practice tips, and interviews with experts in the field.

Епизоде

  • Bench Talk: Episode 8: A Conversation with Judge David Jones 15.09.2026 37мин
    Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge David Jones, of the US Bankruptcy Court for the Southern District of New York, as he describes his path to the bench, including two years as a law clerk to US District Judge Morris Lasker, four years in private practice as a litigator, and nearly twenty-five years as an Assistant United States Attorney in the Southern District of New York doing civil trial and appellate work, including in some of the largest and most complex corporate restructurings ever filed. Judge Jones also offers his perspective on how to have a good day in his courtroom, and what missteps to avoid.
  • Bench Talk: Episode 7: A Conversation with Judge Laura Kulm Ask 15.09.2026 28мин
    Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge Laura Kulm Ask, of the US Bankruptcy Court for the District of South Dakota, as she describes her path from a leading role in the South Dakota bankruptcy bar to the bankruptcy bench. Judge Kulm Ask shares her insights on how her years in practice prepared her for her new role, and on what it’s like to serve as the sole bankruptcy judge in a single-district state. Judge Kulm Ask also offers her views on how to have a good day in her courtroom, and what missteps to avoid.
  • Business Bankruptcy Basics: Episode 8: The Automatic Stay, Section 363 Sales, and Claims in Bankruptcy 02.09.2026 42мин
    In this bonus episode, host Ella Vincent is joined by Maegan Quejada, Jessey Krehl, and Elizabeth Castano to revisit three topics from earlier this season: the automatic stay, section 363 sales, and claims in bankruptcy, all from a practical perspective. Guests discuss these issues from opposing sides of the table and offer tips for associates handling them for the first time. 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.
  • Gameday: Episode 2: What a Difference a Year Makes? 31.08.2026 40мин
    Welcome to episode 2 of Gameday, a four-part series presented a four-part series presented by the ABA Business Law Section about the landmark House v NCAA class action settlement, and how litigation has shaped and continues to shape Future of Law and College Athletics. Join host Fritz Metzinger for a deep dive into the House settlement's terms and a deep dive of the helter-skelter first year of the House era, as the settlement's new revenue sharing and third-party NIL rules went into effect—and promptly stoked controversy.
  • From Boardroom To Courtroom: Episode 9: How Major Securities Fraud Cases Get Built 28.08.2026 51мин
    Jesse Jensen, Partner in Labaton Keller Sucharow's Securities Litigation Practice, joins the show for a plaintiff-side look at how major securities fraud cases actually get built. Jesse walks through the Silicon Valley Bank collapse and the class action that followed, the EQT Corporation case, and the methodology his team uses to spot red flags, run an investigation, and integrate forensic accountants and damages experts into the case theory. We close with a look at current trends in securities class actions, drawing on Cornerstone Research's latest data on filing volumes, emerging claim types, and the central role of institutional investors. Jesse has been part of teams that have recovered over $1 billion for investors and was named to Lawdragon's 500 Leading Plaintiff Financial Lawyers.
  • VC Law: Episode 48: Managing the End of a Venture Fund’s Life with Brian Huber of Gunderson Dettmer 25.08.2026 25мин
    Host Gary J. Ross talks with Brian Huber, a fund partner in the Boston office of Gunderson Dettmer, about the end of a venture capital fund. Gary and Brian discuss fund terms and extensions, communicating with LPs, and options for dealing with illiquid portfolio companies when the fund’s time is up. They explore the choices managers face during the wind-down process, including whether to sell or distribute remaining investments or move them into a continuation vehicle. Gary and Brian also discuss the distinction between dissolution, winding up and termination. Brian closes with some practical considerations for sequencing closing steps.
  • Gameday: Episode 1: Taking it to the House Settlement 25.08.2026 39мин
    Welcome to Gameday, a four-part series presented a four-part series presented by the ABA Business Law Section about the first year following 2025's landmark House v NCAA class action settlement, and how litigation has shaped and continues to shape Future of Law and College Athletics. In this first episode, host Fritz Metzinger delves into the history of the NCAA's concept of amateurism, the legal battles that ultimately derailed that concept, the "Wild Wild West" NIL interregnum of from 2021-2025, and how it all culminated in Judge Claudia Wilken's approval of the House v. NCAA antitrust class action settlement in June 2025.
  • Bad Boys of Bankruptcy: S3E8: Gibsons, Fenders, and Fraud 18.08.2026 44мин
    In this episode of Bad Boys of Bankruptcy, host Judge Gunn talks with North Carolina attorney John C. Bircher, III, who served as a Chapter 7 trustee in the bankruptcy case of Gregory Sipe. Mr. Sipe filed a Chapter 7 bankruptcy case in the Eastern District of North Carolina in 2010, and listed on his schedules “several” collectible guitars that Mr. Sipe attested were worth a total of $50,000, but that were currently pawned and would require $40,000 to redeem from the pawn shop, so Mr. Sipe scheduled their value as $10,000. John describes the efforts he and some creditor’s attorneys went through to uncover the truth about the debtor’s guitar collection, which would up containing in excess of 360 guitars, which John liquidated for the benefit of the estate, netting nearly $900,000 at auction. One guitar, a Gibson Jimmy Page #7 signed guitar, sold for $22,000. John tells the story about driving to the debtor’s home in Chesapeake, Virginia in a truck with his auctioneer to find out the true scope of the debtor’s guitar collection, which ultimately required the auctioneer to send up two more trucks and two enclosed 24 foot trailers to seize the nearly 400 guitars which were stored in the debtor’s two-car garage, which had been converted to a climate-controlled storage facility. The debtor’s extensive collection included numerous autographed and exclusive guitars, including a custom-made Gibson Les Paul that the debtor had made which contained numerous ticket stubs to the concerts the debtor had previously attended embedded under transparent acrylic finishing on the body of the guitar and mother of pearl inlays on the fretboard. John’s efforts in liquidating the guitars allowed him to make a 43% distribution to unsecured creditors in the case. The debtor was later indicted for five counts of bankruptcy fraud, and ultimately pled guilty to a single count of falsifying records in bankruptcy. He was sentenced to 3 years of probation, 200 hours of community service, and restitution for $5,900.
  • Business Bankruptcy Basics: Episode 7: Section 363 Sales 07.08.2026 1ч 1мин
    Business Bankruptcy Basics: Episode 7: Section 363 Sales by ABA Business Law Section
  • Bad Boys of Bankruptcy: S3E7: The Compound, the Cult, and the Chapter 7 Sale 22.07.2026 38мин
    In this live-recorded episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn sits down in Boise, Idaho with longtime Chapter 7 trustee Ford Elsaesser to unpack one of the most unusual and high-profile cases of his career. The debtor, Richard Butler, was not just any Chapter 7 filer, he was the leader of the Aryan Nations, a white supremacist organization operating under the guise of a church. After a $2 million civil judgment stemming from violent acts by his followers, Butler turned to bankruptcy in a last-ditch effort to protect his 20-acre compound in northern Idaho. What followed was anything but routine. From coordinating discreet courthouse security amid concerns of extremist retaliation, to intercepting prison-sent donations and handling threatening hate mail, the case quickly became a test of both legal creativity and personal resolve. At the center of it all was the estate itself: a compound filled with Nazi regalia, propaganda, and intellectual property tied to the organization. Rather than allow these materials to reenter circulation, the trustee worked with creditors and third parties to structure a groundbreaking sale, one that not only satisfied administrative expenses and delivered recovery to victims, but ensured that the symbols of hate were permanently destroyed. This episode is a powerful example of how the Bankruptcy Code can be used not just to resolve debts, but to dismantle harmful enterprises and create a lasting positive impact.
  • From Boardroom to Courtroom: Episode 8: Shadow Insider Trading 15.07.2026 1ч 6мин
    Sy Lorne, Senior Advisor and former Vice Chair and Chief Legal Officer at Millennium Management as well as a former General Counsel of the SEC, joins the show for a wide-ranging conversation on the evolution of securities enforcement from the inside out. The headline topic is shadow insider trading — the SEC's push to extend liability to trades in economically related securities, what Panuwat actually changed, and how a major hedge fund builds compliance around the doctrine. Sy also walks through what he's seen across his career at the SEC, Salomon Brothers, Munger Tolles, and now on the buy side, including how enforcement priorities really get set and what stays constant from one administration to the next.
  • VC Law: Episode 47: Startup Failures with Prof. Elizabeth Pollmam of Penn Law 02.07.2026 30мин
    Host Gary J. Ross welcomes Prof. Elizabeth Pollman of the University of Pennsylvania Carey Law School to discuss her influential article “Startup Failure.” Prof. Pollman first explains why bankruptcy is often a poor fit for venture-backed companies. Then, Gary and Prof. Pollman explore the alternatives that founders and boards frequently consider, from wind-downs and assignments for the benefit of creditors (ABCs) to acqui-hires, along with the legal and practical implications of each. The conversation concludes with a look at emerging trends, including the challenges posed by increasingly large later-stage private companies.
  • Business Bankruptcy Basics: Episode 6: What Sticks and What Doesn't: The Bankruptcy Discharge Explained 26.06.2026 36мин
    In this episode of Business Bankruptcy Basics, hosts Andrew Still and Miles Taylor are joined by Judge Cathleen Parker (Bankr. D. Wyo.) and dive into one of the most fundamental goals of the bankruptcy process: obtaining a discharge. The episode covers what a discharge is and the concept of the "fresh start," key differences between Chapter 7 and Chapter 11 discharges, the major exceptions to discharge (including non-dischargeable debts and non-dischargeability actions), and what happens when a party violates a discharge order. What We Cover in This Episode • The Bankruptcy Discharge — What is a discharge, and how does it give debtors a "fresh start"? We break down the difference between the temporary relief of the automatic stay and the permanent relief of a discharge order. • Chapter 7 vs. Chapter 11 Discharge — Not all discharges are created equal. We explore the key differences between liquidating under Chapter 7 and restructuring under Chapter 11, including why not every debtor ultimately receives a discharge. • Non-Dischargeable Debts — Some debts simply cannot be wiped out. We cover the categories Congress has carved out under Section 523, including a critical distinction: corporations cannot receive a discharge in Chapter 7 — only individuals can. • Non-Dischargeability Actions — Judge Parker walks us through adversary proceedings and what it takes to challenge a debtor's discharge in court — an extreme remedy with a high evidentiary bar and strict timing requirements. • Violations of the Discharge Order — Ignoring a discharge order means defying a direct court order. We discuss what that looks like in practice and why anyone involved in a bankruptcy case needs to understand the consequences. 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.
  • VC Law: Episode 46: Growth Equity Investing with Jeremiah Gordon, General Counsel of CapitalG, Alphabet’s independent growth fund 12.06.2026 28мин
    Host Gary J. Ross and Jeremiah Gordon, General Counsel of CapitalG, discuss growth equity investing and legal issues that arise at the later stages of the venture capital lifecycle. Jeremiah tells Gary that CapitalG, Alphabet’s independent growth fund, operates differently from traditional corporate venture capital. Instead of investing to serve Google or Alphabet’s strategic needs, the fund partners with companies such as Databricks, Stripe and CrowdStrike to drive financial returns and transform industries. Jeremiah discusses growth-stage diligence, the role of in-house counsel, and the new challenges created by the rapid growth in AI companies. The episode concludes with a look at exit transactions, particularly the increasing prevalence of private-to-private acquisitions.
  • From Boardroom to Courtroom: Episode 7: Next Chapters: Greg Varallo on Tornetta v. Musk and the Future of Delaware Corporate Law 28.05.2026 59мин
    Greg Varallo built one of Delaware’s most respected corporate defense practices over 36 years at Richards, Layton & Finger before crossing to BLB&G’s plaintiff side in 2019. He served as lead trial counsel in Tornetta v. Musk, the largest executive compensation case ever litigated. In December 2025, the Delaware Supreme Court affirmed liability but reversed the $55.8 billion rescission. Greg joins Professor J.W. Verret to walk through Tornetta in chapters, unpack what SB 21 means after Rutledge, and preview his forthcoming article on Delaware’s path forward.
  • Business Bankruptcy Basics: Episode 5: Who Gets What? Creditor Claims and the Claims Objection Process 22.05.2026 23мин
    In Episode 5 of Business Bankruptcy Basics, hosts Ella Vincent and Andrew Still are joined by Judge Daniel P. Collins of the U.S. Bankruptcy Court for the District of Arizona to break down one of the most fundamental topics in bankruptcy: creditor claims. Judge Collins walks listeners through the surprisingly broad definition of a "claim" under the Bankruptcy Code and the key categories of secured, unsecured, and priority claims. The episode also covers the payment waterfall, the treatment of undersecured claims, and the strategic importance of administrative expense priority. This episode also covers how creditors file a proof of claim, how claims become allowed, and common grounds for objections. This episode offers a clear and practical guide to understanding who gets paid and why. 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.
  • From Boardroom to Courtroom: Episode 6: The Audit Committee Consiglieri 07.05.2026 41мин
    Frank M. Placenti is a senior M&A and corporate governance lawyer who chaired the ABA Business Law Section's Corporate Governance Committee during the turbulent pandemic period. The centerpiece of this episode is a story Frank tells about a late-night call from an audit committee dealing with a rogue CEO who had engaged in insider trading and then concealed the resulting SEC investigation from both the company's auditors and its audit committee. Frank designed and managed the audit committee investigation, helped the company hire SEC enforcement counsel to walk the company through resolution with the SEC, recruited new qualified directors to reshape the company's governance and compliance programs, and got the company to the other side intact and without any shareholder litigation. Along the way he lays out lessons every investigative counsel should internalize: Audit committee counsel needs to understand the needs and concerns of the company's independent auditors and regulators and then design the investigation to produce a result that will satisfy both constituencies. Required listening for any lawyer who might one day get that midnight call.
  • VC Law: Episode 45: Regulation Crowdfunding with Mark Roderick 06.05.2026 32мин
    Host Gary J. Ross and Mark Roderick discuss Regulation Crowdfunding (Reg CF), which originated with the JOBS Act. They walk through the mechanics of a Reg CF offering, including the role of crowdfunding platforms (termed “intermediaries”) and the Form C disclosure requirements. Mark highlights concerns with current practices, particularly overly burdensome financial statement requirements and the use of artificially low funding targets. Mark and Gary also address common misconceptions about cap table complications and venture capital follow-on financing. The episode concludes with some Reg CF success stories.
  • Bad Boys of Bankruptcy: S3E6: Turning Care Into Commerce: The Collapse of Steward Healthcare 28.04.2026 42мин
    In this live episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Sam Maizel and Andrew Troop to break down the Steward Healthcare Chapter 11, a case driven as much by personality as by financial engineering. At the center is Dr. Ralph de la Torre, a surgeon turned executive who helped build a hospital empire through private equity, aggressive expansion, and a controversial strategy of selling the land beneath hospitals while taking billions in long-term lease obligations. The result: a system burdened with debt, billions in rent, and allegations of value extraction, all while critical healthcare services were at risk. This episode explores how one “bad boy” and a high-risk financial model collided with the realities of healthcare, leaving courts, regulators, and communities to deal with the fallout.
  • Business Bankruptcy Basics: Episode 4: Shielded by the Automatic Stay 28.04.2026 33мин
    In Episode 4 of Business Bankruptcy Basics, hosts Miles Taylor and Ella Vincent are joined by Rob Charles, a partner and leader in Womble Bond Dickinson's Bankruptcy and Creditors' Rights Practice Group, for an overview of one of the most powerful tools in bankruptcy: the automatic stay. Rob walks listeners through what the automatic stay is and who it protects, as well as the major exceptions to the stay and the grounds for relief from the stay under section 362(d) of the Bankruptcy Code. Whether you're a law student or bankruptcy practitioner building your foundational knowledge, or a litigator who may find yourself facing the stay when a party you're suing files for bankruptcy, this episode provides a solid framework for understanding how the automatic stay works in practice. 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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