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Honorable (Ret.) Judith K. Fitzgerald


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Experts Examine Supreme Court’s Baker Botts Ruling and Potential Implications For Professional Fees

ABI held a media teleconference on June 18, 2015 featuring experts discussing the Supreme Court’s decision in Baker Botts, LLP v. ASARCO, LLC. The Supreme Court on June 15 ruled (6-3) in Baker Botts that Sect. 330(a)(1) of the Bankruptcy Code does not permit bankruptcy courts to award fees to Sect. 327(a) professionals for defending fee applications. Experts on today’s teleconference examined the decision and how it could affect professional fees and fee litigation going forward. Speakers on today’s call included:

 Former Bankruptcy Judge Judith Fitzgerald (W.D. Pa.; Pittsburgh)(ret.), an attorney at Tucker Arensberg (Pittsburgh)
– Robert J. Keach, a shareholder at Bernstein, Shur, Sawyer & Nelson (Portland, Maine) and co-chair of ABI’s Chapter 11 Reform Commission
– Prof. Lawrence Ponoroff, the Samuel M. Fegtly Chair in Commercial Law at, and former Dean of, the University of Arizona James E. Rogers College of Law (Tucson, Ariz.).
– Moderator Gregory W. Werkheiser, a partner in Morris, Nichols, Arsht & Tunnell LLP’s Business Reorganization & Restructuring Group (Wilmington, Del.).

Click here to listen to the recording of the teleconference.

June 19, 2015

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