Hello, Commercial and Regulatory Law Committee members! As you might have noticed, our committee’s leadership has changed quite a bit, so we thought we would take a moment to introduce ourselves.
Jeffrey K. Garfinkle
Co-Chair
Buchalter
Irvine, Calif.
- Length of time as an ABI member: Approximately 30 years
- Prior ABI Involvement: Jeffrey is a member of the Business Reorganization, Health Care, Asset Sales and International Committees. He has been involved with this committee since 2019. Jeff is also a contributor to the ABI Journal, having previously published an article titled, “Close Enough for Comity: Philippine Rehabilitation Law and Philippine Airlines Section 304 Proceeding.”
John G. Loughnane
Co-Chair
Nutter McClennen & Fish, LLP
Boston
- Length of time as an ABI member: Approximately 30 years
- Prior ABI Involvement: John is a regular conference attendee, periodic committee leader (including on the Mediation and Emerging Industries and Technology Committees) and a contributor to ABI Journal.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: John believes that insolvency is a natural pairing with just about any topic — and the intersection of commercial/regulatory law is no exception. He believes that this committee is well poised to track developments in a wide range of regulated businesses arising in times of financial distress.
Jason B. Binford
Communications Manager
Texas Office of Attorney General
Austin, Texas
- Length of time as an ABI member: 16 years
- Prior ABI involvement: Jason has published several articles in the ABI Journal and a full-length article in the ABI Law Review.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: Jason is interested to see how case law develops regarding the limitations (if any) of the Bankruptcy Code to override a debtor’s obligation to comply with state law and regulations. 28 U.S.C. § 959(b) requires a debtor to comply with state law, but in Jason’s experience, there are many exceptions, and it is somewhat of a minefield for both debtors and regulators regarding what can — and what cannot — be enforced.
Caryn Wang
Education Director
Polsinelli
Atlanta
- Length of time as an ABI member: 3 years
- Prior ABI Involvement: Caryn has attended various ABI conferences.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: With the rise in distressed health care facilities, Caryn anticipates increased friction between Medicare statutes/regulations and the governmental entities administering those statutes/regulations and the Bankruptcy Code.
April A. Wimberg
Education Director
Dentons Bingham Greenebaum
Louisville, Ky.
- Length of time as an ABI member: 7 years
- Prior ABI Involvement: April was a member of ABI’s New and Young Members Committee. She also authored “If Student Debt Relief Spurs Rational Lending, Can For-Profit Universities Survive?” for ABI’s Southeast Bankruptcy Workshop as a panelist.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: April is interested in the increased intervention on state and/or administrative agencies enforcing data-privacy issues in bankruptcy cases.
Paul J. Hammer
Membership Relations Director
Barron & Newburger, P.C.
Bellaire, Texas
- Length of time as ABI member: Approximately 10 years
- Prior ABI Involvement: Paul has published three articles and attended several conferences.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: Paul is interested in the recent Hunstein ruling and how it is upsetting the status quo of the debt-collection industry as pertaining to the FDCPA.
Alan R. Rosenberg
Newsletter Editor
Markowitz, Ringel, Trusty + Hartog, P.A.
Miami
- Length of time as ABI member: Approximately 5 years
- Prior ABI Involvement: Alan has been a member of ABI’s Bankruptcy Litigation Committee, Diversity and Inclusion Working Group, and Caribbean Insolvency Symposium Advisory Board. He has published several articles in the ABI Journal (mostly about cryptocurrency in the insolvency arena), served as a senior editor for ABI’s Individual Chapter 11 book, and frequently speaks and serves as a moderator at ABI conferences. Alan is also an ABI “40 Under 40” honoree.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: As cryptocurrency continues to rise in popularity, Alan anticipates a corresponding increase in crypto-related insolvency proceedings and, as a result, increased scrutiny from various federal regulators.
Jon Jay Lieberman
Special Projects Leader
Sottile & Barile LLC
Loveland, Ohio
- Length of Time as an ABI Member: 20 years
- Prior ABI Involvement: Jon is a former co-chair of ABI’s Legislation and Consumer Bankruptcy Committees, an associate editor for the ABI Journal, a former Steering Committee member for ABI’s “40 Under 40” program, and co-chair of the Outreach Committee of ABI’s Veterans and Servicemembers Affairs Task Force.
- Issues of interest regarding the intersection between commercial/regulatory law and bankruptcy: Jon believes that an increasingly aggressive Consumer Financial Protection Bureau (CFPB) will result in more CFPB regulations, and thus a new and developing body of case law.
Committees