Panel I : “Reestructuración Internacional”

Dr. Maximilian Pluta

Dr. Maximilian Pluta is managing director and has been Head of Restructuring at PLUTA Rechtsanwalts GmbH since 2013.
As an attorney, tax consultant and graduate in Business Administration, he has already supported numerous major companies during turnarounds and restructuring processes or during preparations for debtor-in-possession proceedings.
He specialises in drafting and implementing restructuring or liquidation plans, primarily from a commercial and a legal point of view. His expertise also includes performing distressed due diligence reviews or providing advice and support during M&A processes.
In-depth preparations and successful implementation of debtor-inpossession proceedings (including “protective shield” proceedings) require not only extensive experience in restructuring and turning around
companies, but also comprehensive knowledge of insolvency law. Maximilian can fall back on his project experience at one of the world’s largest auditing companies to the same extent as on his experience in insolvency proceedings gained at PLUTA.

Michał Barłowski

LEGAL ADVISER
Restructuring, transactions, bankruptcy—25 years of experience serving clients

Michał Barłowski handles a broad range of commercial law matters. He advises on restructuring, including situations where there is a threat of insolvency or bankruptcy. He advises capital groups operating in Poland and elsewhere in the EU.
In 2005–2009 he led the first cross-border bankruptcy of a Polish company under the EU’s Insolvency Regulation (1346/2000), leading to removal of the company from the register. In 2009 he advised on one of the first cross-border mergers under the Polish Commercial Companies Code, and in 2011 he represented one of the parties before the Court of Justice in C-116/11 Christianapol.
He served in two expert groups at the European Commission, drafting the recast Insolvency Regulation (2015/848) and the proposal for a Directive on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU (proposal approved by the Commission in November 2016).
He joined Wardyński & Partners in 1999 and was a senior partner in 1999–2014 heading the M&A and Bankruptcy practices.

Adrian Therry

Adrian advises debtor companies, credit institutions and distressed investors on out-ofcourt restructurings, as well as on in-court restructuring or insolvency proceedings, both domestic or cross-border.
Additionally, 2013 edition of the FT Innovative Lawyers Awards acknowledged his contribution in a leading case in Spain.
Since 2015, Adrian is a member of the Group of 22 Experts established to assist the European Commission in relation with the proposal for a Directive on preventive restructuring frameworks.
He has been singled out by the leading international law directories:
– Chambers & Partners, in the “Restructuring and insolvency” area (2011-2016).
– IFRL 1000, in the “Restructuring and insolvency” area (2012 and 2014).
– Best Lawyers in Spain , in the “Insolvency and reorganization” area (2009-2016).
– Who’s Who Legal: Insolvency & Restructuring (2014-2016).
Lecturer on the Master’s Degree in Corporate Insolvency (MIE) at Universidad San Pablo CEU.
Regular speaker at seminars and conferences staged by the Firm and Centro de Estudios Garrigues, as well as an array of specialist centers (INSOL International,
INSOL Europe, TMA, Insol-R3, FIDE, Madrid Bar Association, APD, CEOE, ESIC,
“Instituto de Fomento Empresarial” IFE, etc.), chambers of commerce and financial institutions.
Founding member of the Spanish Chapter of the Turnaround Management Association (TMA) and President (2015-2016).
Contributing member in Spain to the World Bank panel of experts.
Practicing member of the Madrid Bar Association

Matilde Cuena Casas

Professor (accredited) of Civil Law at Complutense University of Madrid. She has been a visiting researcher at several institutions, including Harvard Law School and Perugia Law School.

main areas of research include Family Law, Data Protection, Contract Law and Consumer Insolvency Law. She is legal advisor in these topics.

has participated in the elaboration of the reforms of the Spanish insolvency law, in relation to the second-chance regime for insolvent consumers.

Investigator in several R&D projects of the Ministry of Economy and Competitiveness, on “Marriage and bankruptcy”, “The new family before the Public and Private Law”, and she is currently leading one about “responsible lending and credit reporting system”. She has just published a book about “Preventing private over-indebtedness. Towards responsible lending and consumption”

Panel II: “Administradores concursales en Europa. Nuevo Reglamento y Directiva”

Dr. Robert Hänel

Dr. Robert Hänel is Partner of anchor Rechtsanwälte, a law firm with about 100 staff and 10 offices in Germany specializing in insolvency and restructuring. Since he started working as a lawyer in 1999 Robert has taken Court appointments as insolvency administrator in numerous insolvency proceedings and as custodian in debtor in possession proceedings, many of those including cross-border issues. Besides that he regularly advises in insolvency and pre-insolvency situations and represents parties in litigation cases before German Courts.

One of Robert’s fields of expertise is international insolvency law. He joined INSOL in 1998 and for several years has been a member of the Smaller Practice Issues Committee of INSOL and of a sub-committee developing recommendations to facilitate cross border-recognition of consumer insolvencies. He is also member of the committee for international affairs of the VID (Verband Insolvenzverwalter Deutschlands e.V.) and participated in the formation of the EIP (Association of European Insolvency Practitioners’ Organizations).

 

Dr. Robert Hänel is Partner of anchor Rechtsanwälte, a law firm with about 100 staff and 10 offices in Germany specializing in insolvency and restructuring. Since he started working as a lawyer in 1999 Robert has taken Court appointments as insolvency administrator in numerous insolvency proceedings and as custodian in debtor in possession proceedings, many of those including cross-border issues. Besides that he regularly advises in insolvency and pre-insolvency situations and represents parties in litigation cases before German Courts.

One of Robert’s fields of expertise is international insolvency law. He joined INSOL in 1998 and for several years has been a member of the Smaller Practice Issues Committee of INSOL and of a sub-committee developing recommendations to facilitate cross border-recognition of consumer insolvencies. He is also member of the committee for international affairs of the VID (Verband Insolvenzverwalter Deutschlands e.V.) and participated in the formation of the EIP (Association of European Insolvency Practitioners’ Organizations).

 

Carlo Ghia

Carlo Ghia is a member of Studio Legale Ghia, one of the leading law firms in Italy with offices in Rome and Milan, which focuses its activities in the areas of commercial law, insolvency, restructuring and bank law.
Since his junior practice, Carlo had the opportunity to work on international insolvency cases such as Parmalat Group, Delta Airlines and other US bankruptcy proceedings, acquiring also experiences working with US law firms.
As a lawyer he assists major creditors, such as banks, financial institutions and insurance companies in insolvency proceedings and judicial matters.
As an insolvency practitioner he works on several restructuring and insolvency cases.
Qualified as subject expert in Commercial Law at University Guglielmo Marconi of Rome, Carlo is also Alumni Member of the NextGen Leadership Program of the International Insolvency Institute and Member of the Italian Chapter of the Turnaround Management Association.

Beatrice Dunogue-Gaffie

Béatrice is an insolvency practitioner in Paris. She has been acting as a receiver over the last twenty years. Béatrice deals with complex governance problems within international companies or associations. Béatrice is the president of the EIP (Association of European Insolvency Practitioners’ organizations). EIP counts 11 National Insolvency Practitioners organizations members, i.e. more than 5 000 individuals, representing fairly the practice in EU. Béatrice is a member of the French Conseil National (CNAJMJ). She is also a regular panel member at international Insolvency and restructuring conferences. She is graduate from Sciences Po Paris.
 

Panel III: “Soluciones prácticas y optimización del valor de los activos”

Rafael Klotz

SENIOR MANAGING DIRECTOR, is involved in all aspects
of Gordon Brothers’ international business, including deal structuring and execution, global expansion, and business development.
He is responsible for Gordon Brothers’ legal strategy outside of North America, and is leading the firm’s expansion into Latin America, where he oversees the Brazilian business. Rafael also continues to be very involved in brand acquisitions and valuations.
Between 2008 and 2015, he was responsible for all brand acquisitions and dispositions, day-to-day operations and joint ventures, as well as supporting the intellectual property valuation practice.
Before joining Gordon Brothers in 2008, Rafael practiced law for over 10 years, specialising in corporate insolvency, finance law and mergers and acquisitions, with an emphasis on cross-border transactions. Rafael serves on the board of directors of Polaroid, and is a former board member of Ben Sherman, The Sharper Image, The Bombay Company and Linens ‘N Things. Rafael holds a bachelor’s degree from Berklee College of Music and a law degree from Boston College Law School. He is a native Spanish speaker and fluent in English and Portuguese.

Alex Dolmans

Alex Dolmans es socio en el área de Mercantil de la oficina de Hogan Lovells en Madrid.
Alex lidera el área de Contratación Mercantil en España. Su experiencia incluye fusiones y adquisiciones, joint ventures y alianzas estratégicas así como contratos comerciales, marketing y comercio minorista online y offline. Asesora en especial a empresas internacionales en sus proyectos en España y acompaña a multinacionales españolas en inversiones en el extranjero. Actúa asimismo como secretario del consejo en España de varios de nuestros principales clientes.

Luis García Laynez

Luis García Laynez
Partner, Deal Advisory, Restructuring at KPMG
Luis joined the firm’s audit department in 1996 and Restructuring in 2001 In June 2002 he transferred to the KPMG office in Paris (France) for seven months to join the multinational team in charge of financial restructuring projects for companies operating in different European countries Luis has been involved in a number of projects analysingfinancial projections and business plans.
His experience is essentially in the real estate and construction for domestic and multinational clients and groups

Panel IV: "Insolvencia transfronteriza: Estados Unidos- Unión Europea"

Catherine Ottaway

Head of the commercial litigation department in HOCHE Société d’Avocats in Paris
Main areas of practice:
-Business and commercial law litigation (contractual liability, warranty actions, directors and officers liability, shareholders’ disputes, unfair competition, expert-appraisal proceedings, enforcement proceedings, …),
-Pre-insolvency and Insolvency law (takeover bids, special purpose receiverships, conciliations, judicial reorganization and liquidation proceedings, protection of the creditors’ rights, manager’s liabilities,…),
-Commercial leases (whether acting on behalf of the landlords or the tenants),
-Arbitration and ADR.
Professional route
Catherine Ottaway is practicing as a commercial lawyer since 1984 and she is a partner in HOCHE Société d’Avocats law firm in Paris since 2005. She works on complex cases for industrial, service, financial, real estate companies, whether listed or private.
Former President of INSOL Europe in 2013/2014 (www.insoleurope. org), she is currently member of the Council of INSOL Europe and member of the Board of INSOL International.
Languages: French and English
Some Publications
– « Ce qui va principalement changer dans les procédures d’insolvabilités transfrontalières pour les sociétés en Europe à compter du 26 juin 2017 », Journal des Sociétés n° 150 mars 2017
– “The Impact of the ‘Macron’ Law on French Insolvency Procedure” in “International Corporate Rescue” in January 2016
– “Some necessary reflexes for creditors of a French company in a collective restructuration or in a judicial liquidation” Newsletter September 2015
– “Should We Really Be Afraid of Co-employment in Groups of Companies from a French Legal Perspective?” in “International Corporate Rescue” in May 2015
– “Commercial lessors and Tenants in France: what changes for your commercial leases as of the 1rst January 2015” Newletter January 2015
– “Insolvency proceedings at the heart of the reform” Eurofenix Summer 2013
– “Groups of companies in France” Eurofenix Winter 2012
– “Declaration of foreign creditor’s claims/ when in France, do as the French does » on http://www.insol-europe.org/technical-content/case-law/ in November 2011

 Anthony Princi

Internationally recognized restructuring partner with more than 25 years of experience representing hedge funds and investment banks in distressed debt transactions. Specializes in the representation of ad hoc and official creditor committees in both out-of-court and chapter 11/foreign insolvency proceedings. Acclaimed by Chambers USA as a “brilliant lawyer” and “greatdeal-maker,” and by Legal 500 US as a “very strong creditor lawyer and tough negotiator.” Practiced in London for 5+ years and has extensive debt capital markets and litigation experience

REPRESENTATIVE ENGAGEMENTS

• Ad hoc group of Puerto Rico bondholders • Ad hoc group of Eurotunnel bondholders
• Ambac Financial Group Official Creditors Committee • Ad hoc group of Millicom International Cellular bondholders
• PMI Group Official Creditors Committee • Ad hoc group of My Travel bondholders
• Energy Future Holdings Official Creditors Committee • Ad hoc group of Arena S.p.A. bondholders
• Stone & Webster Inc. Official Creditors Committee • Ad hoc group of Fantuzzi Finance S.A. bondholders

PROFESSIONAL EXPERIENCE

MORRISON & FOERSTER, LLP – Partner New York, N.Y. 2010-2016
PAUL HASTINGS, LLP – Partner New York, N.Y. 2009-2010
London, England 2007-2009
ORRICK, HERRINGTON & SUTCLIFFE, LLP – Partner London, England 2003-2007
New York, N.Y. 1999-2003
ANDERSON KILL & OLICK, P.C. – Partner New York, N.Y. 1983-1999

MUDGE ROSE GUTHRIE ALEXANDER & FERDON New York, N.Y. 1982-1983
Associate
EDUCATION

FORDHAM LAW SCHOOL, New York, N.Y.
Juris Doctor, 1982
• Fordham National Moot Court Team
• Dean’s List

FORDHAM UNIVERSITY
Bachelor of Science, Summa Cum Laude, 1979
• Double major: Finance and Management Accounting
• Dean’s List
• Accounting Award: Highest GPA in Accounting
• Finance Award: Highest GPA in Finance
• Member Beta Gamma Sigma Honor Society
BAR ADMISSIONS/ACTIVITIES
Member in good standing:
• New York State Bar
•The Florida Bar
Admitted to practice in:
• U.S. Court of Appeals for the Second and Ninth Circuits
• U.S. District Courts for the Southern, Eastern and Northern Districts of New York
Frequent speaker at CLE accredited seminars in the U.S. and Europe

Robert van Galen

Amsterdam
The Netherlands
1977-1984 University of Amsterdam, law studies
1985-present Lawyer at NautaDutilh. Robert became a partner in 1994.
Profile
Robert is a partner at NautaDutilh. He is specialised in insolvency law with an emphasis on cross-border issues and is heading NautaDutilh’s Insolvency and Restructuring Group. He has been involved in virtually all major cases in the Netherlands over the past 20 years, such as Barings, Fokker, GTS, KPNQwest, Lehman, Yukos and OSX. He is furthermore admitted to the bar of the Dutch Supreme Court and has been involved in a number of important cases decided by the Dutch Supreme Court.
Functions
Robert is former president of the European association of Insolvency Practitioners, INSOL Europe and president of the Dutch association of insolvency lawyers, INSOLAD. He is member of the stakeholders group advising the Dutch government on insolvency legislation and representative of the Dutch government in UNCITRAL Working Group V. He is a fellow of the American College of Bankruptcy. He is president of the Amsterdam lawyers society (Praktizijnssociëteit).
Publications, editing board activities
Robert has published a substantial number of articles in legal journals and contributions to legal books. He was the co-author of a report on cross border insolvency law to the Netherlands Association for International Law (NVRI) and author of a report on groups of companies for the Netherlands Association for Comparative and International Insolvency Law (NACIIL). He is member of the editing board of the Dutch legal magazine on corporate law.
NautaDutilh
NautaDutilh (75 partners) is one of the top firms in the Netherlands, specialised in corporate law, banking law insolvency and litigation. Robert is working at the Amsterdam office.
Ancillary activities
Robert is a soaring instructor and plays the piano (classical).