Artwork Details

27^th Annual

Bankruptcy Conference

Austin Nov 13-14, 2008 Four Seasons Hotel
Conference Concluded

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Overview

UT’s Jay L. Westbrook Bankruptcy Conference brings together leading members of the bankruptcy bench, bar, and academia. The 2008 conference highlights include:

• Jay Westbrook’s panel on recent developments
• Where’s the Boom?
– the economy is bad so why is there not more bang in the bust?
• Bankruptcy alternatives: ABC’s and other ways to obtain a decent burial
• Economist’s luncheon presentation — where is the economy headed
• Strong mix of business and consumer issues
• Strategic use of involuntary bankruptcy
• Cars, home-equity, reaffirmation agreements and more…
• Privilege, proof of claims, sticky confirmation issues and more much more!

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1 November 13, 2008
Day 2 November 14, 2008

Time

Credit

Subject

Speaker
Thursday Morning, Nov. 13, 2008
Presiding Officer:
Clifton R. Jessup Jr., Greenberg Traurig , LLP - Dallas, TX
8:00 am

Registration Opens

Includes continental breakfast.
9:00 am

1.25 hrs
0.25 hr ethics

Recent Developments

A survey of case law developments from around the nation, delivered by some of the country's leading authorities on bankruptcy, with commentary by Jay L. Westbrook.

R. Byrn (Byrnie) Bass Jr., Attorney at Law - Lubbock, TX
Evelyn H. Biery, Fulbright & Jaworski L.L.P. - Houston, TX
Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
Moderator:
Jay L. Westbrook, The University of Texas School of Law - Austin, TX
Deborah D. Williamson, Cox Smith Matthews, Inc. - San Antonio, TX
10:15 am

Break
10:30 am

1.00 hr

Where's the Boom?

The economy is bad but Texas bankruptcy lawyers are still waiting to catch the wave. Is it us, is it BAPCPA, is it geography or is it those nasty private equity and hedge fund guys who have hidden the bang in this bust? We'll find out.

Moderator:
Charles A. Beckham Jr., Haynes and Boone, LLP - Houston, TX
William (Tuck) Hardie, Houlihan Lokey Howard & Zukin - New York, NY
Stephen D. Lerner, Squire, Sanders & Dempsey LLP - Cincinnati, OH
Bruce Thomas Lucas, Infinity Investment Funds LLC - Kingwood, TX
11:30 am

0.75 hr

Bankruptcy Alternatives: ABC's and Other Ways to Obtain a Decent Burial

An overview of alternatives available to maximize on asset values in small business liquidations to include assignments for the benefit of creditors ("ABC's") with a discussion of the advantages, limitations, and special issues with respect to the various alternatives and a look at how such procedures are used in other jurisdictions.

Hon. Michael G. Williamson, U.S. Bankruptcy Court, Middle District of Florida - Tampa, FL
Patrick Kelley, Ireland Carroll & Kelley PC - Tyler, TX
Thursday Afternoon, Nov. 13, 2008
12:15 pm

Pick up Box Lunch

Included in conference registration fee.
12:30 pm

0.75 hr

Where Is the Economy Headed?

Michael W. Brandl, The University of Texas McCombs School of Business - Austin, TX
1:15 pm

Break
1:30 pm

0.50 hr

Did Bankruptcy Reform Fail? An Empirical Study of Consumer Debtors

A discussion and analysis in the consumer bankruptcy population since the implementation of BAPCPA, based on data from the Consumer Bankruptcy Project (CBP).

Angela Littwin, University of Texas School of Law - Austin, TX
2:00 pm

0.50 hr

A Primer on Securitization

This session will cover the construction, risk characteristics, and current condition of securitized debt products such as mortgage backed securities (MBS, both prime and subprime), commercial mortgage backed securities (CMBS), and collateralized debt obligations (CDOs).

Greg F. Hallman, The University of Texas, McCombs School of Business - Austin, TX
2:30 pm

0.75 hr

Bankruptcy Issues in the Retail Sector

The anatomy of a retail case from the debtor and creditor perspective, including reclamation and Sec. 503(b)(9); auctions and going out of business sales; gift card programs; diminished time to assume or reject leases; and adequate assurance and the impact of Rule 6003.

Mark E. Andrews, Cox Smith Matthews, Inc. - Dallas, TX
Russell L. Munsch, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
3:15 pm

Break
Consumer Track
Presiding Officer:
Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
3:30 pm

0.50 hr ethics

The Minefield of Representation—Recent Sanctions Decisions

This session will offer an overview and analysis of current issues and recent decisions involving sanctions. The primary focus will be on the precipitating factors that caused the imposition of sanctions against law firms and attorneys for both creditors and debtors in the Fifth Circuit and across the country and how to avoid them in the future.

Layla D. Elzner, Office of the Chapter 13 Trustee - Austin, TX
Janet S. Northrup, Hughes Watters Askanase LLP - Houston, TX
4:00 pm

0.50 hr

Car Claims—What the Appellate Courts Are Doing

The circuit courts of appeal confront the daunting task of making sense of the "hanging paragraph" of section 1325.

Michael G. Kelly, Rush Kelly Morgan Dennis Corzine & Hansen - Odessa, TX
4:30 pm

0.50 hr

Litigation in Consumer Cases—Home Equity Suits under Texas Law

Most common home equity violations and how to find them. The new reality of damages after LaSalle Bank v. White.

Michael V. Baumer, Attorney at Law - Austin, TX
5:00 pm

0.50 hr

Reaffirmation Agreements under BAPCPA

With more disclosure, increased judicial oversight, and greater responsibility on debtor's counsel, are debtors really better informed and making better decisions regarding the reaffirmation of debt under BAPCPA?

Hon. Robert L. Jones, U.S. Bankruptcy Court, Northern District of Texas - Lubbock, TX
Business Track
Presiding Officer:
Deborah D. Williamson, Cox Smith Matthews, Inc. - San Antonio, TX
3:30 pm

0.50 hr

The Art and Technique of Claim Estimation

How to look at estimating claims for plan voting purposes.

Bruce H. White, Greenberg Traurig LLP - Dallas, TX
4:00 pm

0.50 hr

Current Developments in Oil & Gas Bankruptcy

Current developments in oil & gas bankruptcy, including unrecorded assignments, Secs. 541(d) versus 544(a)(3); farmout agreement safe harbors, including Secs. 365 and 541(b)(4); reclamation rights and producer liens; Sec. 363 sales, including bona fide disputes under Sec. 363(f)(4) and co-owner preferential rights of purchase under Sec. 363(i).

Rhett G. Campbell, Thompson & Knight LLP - Houston, TX
4:30 pm

0.50 hr ethics

Fiduciary Duties in Bankruptcy

Louis R. Strubeck Jr., Fulbright & Jaworski L.L.P. - Dallas, TX
5:00 pm

0.50 hr

Strategic Use of Involuntary Bankruptcy

A discussion and analysis of factors to consider when initiating or opposing an involuntary petition, including recent case law on subject matter jurisdiction and manipulation of the involuntary process.

H. Joseph Acosta, Looper Reed & McGraw, P.C. - Dallas, TX
5:30 pm

Adjourn to Reception

Time

Credit

Subject

Speaker
Friday Morning, Nov. 14, 2008
Presiding Officer:
Berry D. Spears, Fulbright & Jaworski - Austin, TX
8:00 am

Conference Room Opens
8:30 am

1.00 hr

Sticky Confirmation Issues

A discussion of novel and difficult plan confirmation issues that have been raised and resolved in recent cases.

David Mark Bennett, Thompson & Knight LLP - Dallas, TX
Toby L. Gerber, Fulbright & Jaworski L.L.P. - Dallas, TX
Moderator:
Paul E. Heath, Vinson & Elkins LLP - Dallas, TX
Dean E. Swick, Alvarez & Marsal - Houston, TX
9:30 am

0.50 hr

Current Developments and a Practical Approach to Bankruptcy Tax Matters

This session will provide an update on the tax provisions in BAPCPA, their application and effect on the debtor and the bankruptcy estate, and what steps should be taken by practicing bankruptcy counsel to obtain relevant tax information in the bankruptcy case. The duties and responsibilities of the debtor regarding production and filing tax returns and tax documentation, and key case law developments will also be discussed.

Mark W. Wege, King & Spalding - Houston, TX
10:00 am

0.50 hr

Proof of Claims: Issues, Duties and Recommendations

A discussion of developing case law on what needs to be in a proof of claim to avoid challenges, including presumed validity of improperly filed proof of claim, with special emphasis on empirical data and judicial commentary on the reliability of mortgagee's proofs of claims.

Jean Braucher, University of Arizona, James E. Rogers College of Law - Tucson, AZ
10:30 am

Break
10:45 am

0.50 hr ethics

An Overview on Privilege Issues in the Bankruptcy Arena

This session will identify typical privilege issues that arise in bankruptcy proceedings and adversary actions, including a discussion of strategies to protect and preserve privilege.

Elliott S. Cappuccio, Pulman, Cappuccio, Pullen & Benson LLP - San Antonio, TX
11:15 am

1.00 hr

The Current State of Retention of Professionals—Enlightened Solutions or Clever Avoidance?

A review of approaches taken to addressing—if not resolving—the thorny issues of conflicts and disinterestedness in retention of attorneys and other professionals, as well as a look at other retention issues that give judges headaches.

Robert D. Albergotti, Haynes and Boone, LLP - Dallas, TX
Hon. Leif M. Clark, U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Moderator:
Thomas S. Henderson III, Thomas S. Henderson, Attorney at Law - Houston, TX
Friday Afternoon, Nov. 14, 2008
Presiding Officer:
Hon. John C. Akard, US Bankruptcy Judge, Retired - Lubbock, TX
12:15 pm

Lunch on your Own
1:30 pm

0.50 hr

Technology and IP Assets in Bankruptcy

This presentation will explore issues associated with the retention and disposal of various forms of intellectual property in a bankruptcy case.

Jason B. Binford, Haynes and Boone, LLP - Dallas, TX
2:00 pm

1.00 hr
0.25 hr ethics

Making Your Case: The Do's and Don'ts on How to Get and Hold the Court's (Favorable) Attention

Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Hon. Robert L. Jones, U.S. Bankruptcy Court, Northern District of Texas - Lubbock, TX
Moderator:
Hon. D. Michael Lynn, U.S. Bankruptcy Court, Northern District of Texas - Fort Worth, TX
Hon. Bill G. Parker, U.S. Bankruptcy Court, Eastern District of Texas - Tyler, TX
3:00 pm

Adjourn

Day 1 November 13, 2008
Day 2 November 14, 2008

Download Schedule

Conference Faculty

H. Joseph Acosta

Looper Reed & McGraw, P.C.
Dallas, TX

Robert D. Albergotti

Haynes and Boone, LLP
Dallas, TX

Mark E. Andrews

Cox Smith Matthews, Inc.
Dallas, TX

R. Byrn (Byrnie) Bass Jr.

Attorney at Law
Lubbock, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Charles A. Beckham Jr.

Haynes and Boone, LLP
Houston, TX

David Mark Bennett

Thompson & Knight LLP
Dallas, TX

Evelyn H. Biery

Fulbright & Jaworski L.L.P.
Houston, TX

Jason B. Binford

Haynes and Boone, LLP
Dallas, TX

Hon. Jeff Bohm

U.S. Bankruptcy Court, Southern District of Texas
Houston, TX

Michael W. Brandl

The University of Texas McCombs School of Business
Austin, TX

Jean Braucher

University of Arizona, James E. Rogers College of Law
Tucson, AZ

Rhett G. Campbell

Thompson & Knight LLP
Houston, TX

Elliott S. Cappuccio

Pulman, Cappuccio, Pullen & Benson LLP
San Antonio, TX

Hon. Leif M. Clark

U.S. Bankruptcy Court, Western District of Texas
San Antonio, TX

Layla D. Elzner

Office of the Chapter 13 Trustee
Austin, TX

Hon. Craig A. Gargotta

U.S. Bankruptcy Court, Western District of Texas
Austin, TX

Toby L. Gerber

Fulbright & Jaworski L.L.P.
Dallas, TX

Greg F. Hallman

The University of Texas, McCombs School of Business
Austin, TX

William (Tuck) Hardie

Houlihan Lokey Howard & Zukin
New York, NY

Paul E. Heath

Vinson & Elkins LLP
Dallas, TX

Thomas S. Henderson III

Thomas S. Henderson, Attorney at Law
Houston, TX

Hon. Robert L. Jones

U.S. Bankruptcy Court, Northern District of Texas
Lubbock, TX

Patrick Kelley

Ireland Carroll & Kelley PC
Tyler, TX

Michael G. Kelly

Rush Kelly Morgan Dennis Corzine & Hansen
Odessa, TX

Deborah B. Langehennig

Chapter 13 Trustee
Austin, TX

Stephen D. Lerner

Squire, Sanders & Dempsey LLP
Cincinnati, OH

Angela Littwin

University of Texas School of Law
Austin, TX

Bruce Thomas Lucas

Infinity Investment Funds LLC
Kingwood, TX

Hon. D. Michael Lynn

U.S. Bankruptcy Court, Northern District of Texas
Fort Worth, TX

Russell L. Munsch

Munsch Hardt Kopf & Harr, P.C.
Dallas, TX

Janet S. Northrup

Hughes Watters Askanase LLP
Houston, TX

Hon. Bill G. Parker

U.S. Bankruptcy Court, Eastern District of Texas
Tyler, TX

Louis R. Strubeck Jr.

Fulbright & Jaworski L.L.P.
Dallas, TX

Dean E. Swick

Alvarez & Marsal
Houston, TX

Mark W. Wege

King & Spalding
Houston, TX

Jay L. Westbrook

The University of Texas School of Law
Austin, TX

Bruce H. White

Greenberg Traurig LLP
Dallas, TX

Deborah D. Williamson

Cox Smith Matthews, Inc.
San Antonio, TX

Hon. Michael G. Williamson

U.S. Bankruptcy Court, Middle District of Florida
Tampa, FL

Planning Committee

Clifton R. Jessup Jr.—Chair

Greenberg Traurig , LLP
Dallas, TX

Hon. John C. Akard

US Bankruptcy Judge, Retired
Lubbock, TX

Omar Jesus Alaniz

Baker Botts
Dallas, TX

R. Byrn (Byrnie) Bass Jr.

Attorney at Law
Lubbock, TX

Charles A. Beckham Jr.

Haynes and Boone, LLP
Houston, TX

Susan J. Brandt

Nathan Sommers Jacobs
Houston, TX

Hon. Leif M. Clark

U.S. Bankruptcy Court, Western District of Texas
San Antonio, TX

A. Mechele Dickerson

The University of Texas School of Law
Austin, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Thomas S. Henderson III

Thomas S. Henderson, Attorney at Law
Houston, TX

Henry J. Kaim

King and Spalding LLP
Houston, TX

Patrick Kelley

Ireland Carroll & Kelley PC
Tyler, TX

Deborah B. Langehennig

Chapter 13 Trustee
Austin, TX

Demetra Lynn Liggins

Thompson & Knight LLP
Houston, TX

Russell L. Munsch

Munsch Hardt Kopf & Harr, P.C.
Dallas, TX

D. Bobbitt Noel Jr.

Vinson & Elkins, L.L.P.
Houston, TX

Berry D. Spears

Fulbright & Jaworski
Austin, TX

J. Michael Sutherland

Carrington, Coleman, Sloman & Blumenthal
Dallas, TX

Jay L. Westbrook

The University of Texas School of Law
Austin, TX

Deborah D. Williamson

Cox Smith Matthews, Inc.
San Antonio, TX

David B. Young

McGinnis Lochridge & Kilgore, L.L.P
Austin, TX

Credit Info

Austin

MCLE Credit

Texas – 12.50 hrs | 2.00 hrs Ethics
Legal Specialization(s): Bankruptcy Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 12.50 hrs | 1.00 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Other Credit

TX Accounting CPE – 15.00 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Nov 13-14, 2008 – Four Seasons Hotel

Conference Concluded

Buy

Austin

Standard Registration
Last day for $495.00 Regular pricing: Nov 5, 2008

$545.00 for registrations received after this time

Last day for cancellation (full refund): Nov 7, 2008

$50 processing fee applied after this date

Last day for cancellation: Nov 10, 2008

Venue

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512-478-4500 (reservations)
Map

Accommodations

$220.00 good through Oct 17, 2008

Parking Information

Self-parking is NOT available at the Four Seasons! We recommend parking at the nearby Convention Center garage across the street at 2nd and Brazos.

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Atlas & Hall

Atlas & Hall

atlashall.com/
Carrington Coleman Sloman & Blumenthal

Carrington Coleman Sloman & Blumenthal

Carrington Coleman represents a broad range of clients, from local companies and individuals to large national and international corporations. The Firm's core practice strengths focus on complex litigation, corporate insolvency and restructuring, officer & director litigation and investigations, sophisticated business and real estate transactional matters, malpractice defense, and employment law. Now led by partners Steve Goodwin and Mike Sutherland, the Corporate Restructuring and Bankruptcy Practice Group has focused on working with creditors and debtors in complex restructurings, liquidations, and out-of-court resolutions for almost four decades. www.ccsb.com www.ccsb.com/
Cox Smith Matthews

Cox Smith's technology attorneys have the broad experience necessary to serve developers, distributors, providers, users, and acquirers of technology products and services. The firm's Intellectual Property department combines in-depth skill and experience in patent, copyright and trademark prosecution, strategy, and portfolio management with a broad litigation and business law capability. The Privacy, Internet and Information Technology practice, which includes three IAPP-Certified Information Privacy Professionals, handles a wide range of e-commerce, marketing, compliance, data security, technology development, internet services, and other matters. Clients include: AT&T, Inc., Clear Channel Communications, Inc., Dr Pepper/Seven Up, Inc., Harte-Hanks, Inc., Kinetic Concepts, Inc., and Rackspace US, Inc. www.coxsmith.com www.coxsmith.com/
Fulbright & Jaworski L.L.P.

The Fulbright Arbitration and ADR group is widely recognized as one of the world's leading international arbitration practices. With strategic locations in the United States, Europe, Asia and the Middle East, Fulbright is positioned to handle international arbitration disputes wherever they may arise. A record of obtaining successful outcomes in major arbitrations involving a variety of governing laws, jurisdictions and arbitral rules has lead Fulbright to be selected as a leading law firm in the field of international arbitration by the 2008 Chambers Global Guide and one of the top ten arbitration firms worldwide based on total number of arbitrations by the 2007 ALM Focus Europe. Fulbright was the recipient of LatinLawyer Magazine's Deal of the Year: Disputes Category for 2007. The firm's multi-national team of arbitration lawyers is fluent in more than a dozen languages and is experienced in appearing as advocates before arbitrators from a wide range of cultural backgrounds under the rules of all of the major international arbitration institutions. Clients around the world have called on us for some of the most politically charged and high-stakes disputes of recent years, in the public and private sectors. www.fulbright.com www.fulbright.com/
Greenberg Traurig

Greenberg Traurig
Haynes and Boone, LLP

Haynes and Boone's Appellate Practice Group has a depth of experience in state and federal practice: they consistently have had unparalleled success in handling some of the most significant appeals in Texas; they are well known to the judiciary and the bar for their exemplary advocacy; the key component to their philosophy is effective partnering—with trial counsel, national counsel, in-house counsel; their expertise is in advocacy and procedure, whether it be in the context of motions for summary judgment, privilege disputes, expert witness, jurisdictional challenges, jury charges, judgments, petitions for writ of mandamus, alternative dispute resolution, or appeals. www.haynesboone.com/
Kelly Hart & Hallman

Kelly Hart & Hallman

www.khh.com/
King & Spalding

King & Spalding

www.kslaw.com/portal/server.pt
Thompson & Knight LLP

Thompson & Knight LLP
Vinson & Elkins LLP

Vinson & Elkins LLP

www.velaw.com/
Weil Gotshal & Manges

www.weil.com/wgm/pages/Controller.jsp?z=h&sz=0
Conway Mackenzie & Dunleavy

Conway Mackenzie & Dunleavy
Ireland, Carroll & Kelley

Ireland, Carroll & Kelley
Munsch Hardt Kopf & Harr

Munsch Hardt Kopf & Harr

www.munsch.com/
Thomas S Henderson

Thomas S Henderson

www.tsh-atty.com/
Walker Wilcox Matousek

Walker Wilcox Matousek

27th Annual

Bankruptcy Conference

Austin Nov 13-14, 2008 Four Seasons Hotel Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Nov. 13, 2008

Thursday Afternoon, Nov. 13, 2008

Friday Morning, Nov. 14, 2008

Friday Afternoon, Nov. 14, 2008

Conference Faculty

H. Joseph Acosta

Robert D. Albergotti

Mark E. Andrews

R. Byrn (Byrnie) Bass Jr.

Michael V. Baumer

Charles A. Beckham Jr.

David Mark Bennett

Evelyn H. Biery

Jason B. Binford

Hon. Jeff Bohm

Michael W. Brandl

Jean Braucher

Rhett G. Campbell

Elliott S. Cappuccio

Hon. Leif M. Clark

Layla D. Elzner

Hon. Craig A. Gargotta

Toby L. Gerber

Greg F. Hallman

William (Tuck) Hardie

Paul E. Heath

Thomas S. Henderson III

Hon. Robert L. Jones

Patrick Kelley

Michael G. Kelly

Deborah B. Langehennig

Stephen D. Lerner

Angela Littwin

Bruce Thomas Lucas

Hon. D. Michael Lynn

Russell L. Munsch

Janet S. Northrup

Hon. Bill G. Parker

Louis R. Strubeck Jr.

Dean E. Swick

Mark W. Wege

Jay L. Westbrook

Bruce H. White

Deborah D. Williamson

Hon. Michael G. Williamson

Planning Committee

Clifton R. Jessup Jr.—Chair

Hon. John C. Akard

Omar Jesus Alaniz

R. Byrn (Byrnie) Bass Jr.

Charles A. Beckham Jr.

Susan J. Brandt

Hon. Leif M. Clark

A. Mechele Dickerson

Michael J. Esposito

Thomas S. Henderson III

Henry J. Kaim

Patrick Kelley

Deborah B. Langehennig

Demetra Lynn Liggins

Russell L. Munsch

D. Bobbitt Noel Jr.

Berry D. Spears

J. Michael Sutherland

Jay L. Westbrook

Deborah D. Williamson

David B. Young

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Four Seasons Hotel

27^th Annual

Austin Nov 13-14, 2008 Four Seasons Hotel
Conference Concluded