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Intro.(1:39) - Start of interview.(2:15) - About UC Hastings and the Center for Business Law [that we are building together!](5:10) - Jared's "origin story": he grew up in Michigan, attended the U. of Michigan (BA political science) and Columbia Law School (JD). A book on the bankruptcy of Marvel Comics led him to bankruptcy law and practice. After graduation he joined Brown Rudnick in NYC ('07-'11). He later joined academia as a Teaching Fellow and Lecturer in Law in Corporate Governance & Practice at Stanford Law School ('11-'14). He joined the UC Hastings Faculty in 2014.(9:38) - Start of discussion about his latest article The Rise of Bankruptcy Directors: "Traditionally bankruptcy is about a court process, not a board process." But his research shows that the boardroom increased its prominence in bankruptcy starting in about 2012-2013, where many distressed companies, especially those controlled by private equity sponsors, prepared for bankruptcy by appointing independent directors (which they call "bankruptcy directors") to their boards of directors with the power to make key bankruptcy decisions.(13:03) - On the new cohort of "bankruptcy directors" and the parallels with venture capital and Silicon Valley [Their dataset consists of the boards of directors of 528 firms and the 2,895 individuals who collectively hold 3,038 directorships at firms in bankruptcies from 2004-2019]: "The change is that a practice that was once relatively uncommon has become ubiquitous and a central and standard part of the process of preparing for a Chapter 11 bankruptcy filing, leading to the growth of an industry of professional bankruptcy directors who fill this new demand for bankruptcy experts on the board of distressed firms."(15:08) - On the question of fiduciary duty of loyalty and conflicts of interests of bankruptcy directors (particularly regarding the private equity controlling owners) and the emergence of "super-repeater directors".(16:38) - The example of the Nine-West bankruptcy.(21:34) - Whether bankruptcy judges will incorporate some standards such as those used (for example) by the Delaware Chancery Court on the independence of directors, board conflicts and the decision-making process of the board.(23:02) - On his finding that unsecured creditors recovered 21% less when a bankruptcy director is appointed. On the lucrative new bankruptcy director role.(26:04) - On his proposal that the court regard bankruptcy directors as independent only if creditors support their appointment.(29:03) - "The elevation of the board is an important (new) trend in the bankruptcy process." "The Board is going to play a more central part in bankruptcies."(31:52) - On the current growth of the economy and deal-making despite pandemic, and projected bankruptcies. "It's caught all of us by surprise." "It just shows you that Washington can change the rules on Wall Street on they want to." On the Hertz bankruptcy.(34:49) - His thoughts on the next trends in bankruptcies: "I think we are going to continue to see the democratization of the bankruptcy process." "Bankruptcy is less of a black box today and retail investors are becoming bigger players (the participation of normal people in Chapter 11 is a trend that we are going to see continue."(36:46) - On bankruptcy forum shopping. "This issue goes back to the 1990s, and we will continue to see a concentration of bankruptcy cases in the hands of a few judges."(38:53) - On his advocacy to increase the number of bankruptcy judges (in response to Covid-19).(40:17) - The books that have greatly influenced his life:Comic Wars (2002), by Dan Raviv.The Strategy of Conflict (1981), by Thomas Shelling.The Selfish Gene (1990), by Richard Dawkins.Germs, Guns and Steel (1997), by Jared Diamond.(41:30) - His mentors:J.David Singer, Professor at U. of Michigan.Jeffrey Fagan, Professor at Columbia Law School.Edward Morrison, Professor at Columbia Law School.Robert Stark, Brown Rudnick.Michael Klausner, Professor at Stanford Law School.George Triantis, Professor at Stanford Law School.Kenneth Ayotte, Professor at Berkeley Law School.(43:23) - His favorite quote: Benjamin Disraeli on William Gladstone: "He had only one idea, and it was wrong.”Jared A. Ellias is a Professor of Law, the Bion M. Gregory Chair in Business Law and the Faculty Director of the Center for Business Law at the University of California, Hastings College of the Law in San Francisco. In 2020, he was honored by the American Bankruptcy Institute as one of the "40 Under 40 Leaders in Insolvency Practice." Contact: Faculty Profile • SSRN • LinkedIn •TwitterIf you like this show, please consider subscribing, leaving a review or sharing this podcast on social media. __ You can follow Evan on social media at:Twitter @evanepsteinSubstack https://evanepstein.substack.com/Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License
THE MOVIE PODCAST is one of Canada's top film and review podcasts. Every week you'll hear film lovers Daniel, Shahbaz, and Anthony discuss the biggest movie news, talk trailers, what's coming soon, ponder a unique topic of show, and speak to special guests from across the film industry. Catch a new episode of The Movie Podcast every Monday and watch out for Review episodes on all the latest movies and series. Follow @TheMoviePodcast on Instagram and Twitter, write into the show, and leave a review on Apple Podcasts!EPISODE #107: Mission: Impossible 7 Shutdown, Alamo Drafthouse Returns, and The Best Loki Moments - June 4, 2021 ANNOUNCEMENTSREVIEWS: The Conjuring: The Devil Made Me Do It, Spiral, Friends Reunion, Cruella, Riders of Justice, Army of the Dead, Master of None, MODOK, Those Who Wish Me Dead, Wrath of Man, Without Remorse, Mortal Kombat, The Falcon and The Winter Soldier Recaps, Mythic Quest: Everlight, Love and Monsters, Shiva Baby, The Unholy, Godzilla vs Kong, and more are available now on The Movie Podcast feed!WATCH: DANIEL ON CINEMASEEN < TAP TO WATCHTHIS WEEK: Loki Review, In The Heights ReviewWE'RE GOING TO THE TRIBECA FILM FESTIVAL!The Movie Podcast is on a mission to hit 200 Apple Podcast reviews before September, click here to head over to our show page on APPLE PODCASTS and leave us a 5 STAR review! FOLLOW USFollow Daniel on Twitter, Instagram, and LetterboxdFollow Shahbaz on Twitter, Instagram, and LetterboxdFollow Anthony on Twitter, Instagram, and LetterboxdFollow The Movie Podcast on Twitter, Instagram, Discord, and YouTube WHAT IS YOUR FAVOURITE LOKI MOMENT?NEWSAlamo Drafthouse Emerges From Bankruptcy, Plans to Open Five New Theaters - Rebecca Rubin / VarietyMission: Impossible 7' Filming Shuts Down After Positive Coronavirus Test - Aaron Couch / THRJonathan Majors In Talks To Square Off Against Michael B. Jordan In Boxing Ring For ‘Creed III' - Mike Flemming Jr. / Deadline‘Teenage Mutant Ninja Turtles' Reboot From Seth Rogen, Nickelodeon Set for 2023 - Jordan Moraeu / VarietyQUICK UPDATES:Elijah Wood Lands Lead Villain Role In THE TOXIC AVENGER RebootDonnie Yen Joins Keanu Reeves In Lionsgate's ‘JOHN WICK 4'JUPITER'S LEGACY debuted May 7 on Netflix and with no one using the word "cancelled," the show is done. The cast is being released from their contracts.AMC is raising $230.5 million to purchase additional cinema leases and grow the consumer appeal of its existing properties. CEO and president Adam Aron has also said the exhibitor is eyeing theaters previously operated by Arclight Cinemas and Pacific Theatres.Cruella Sequel in the Works at Disney. Director Craig Gillespie and screenwriter Tony McNamara are expected to return.Paramount has just put an untitled A Quiet Place spinoff on the calendar for March 31, 2023. TRAILERSShazam: Fury of the Gods TeaserDemonicAmerica: The Motion PictureRoadrunner: A Film About Anthony BourdainReminiscenceGossip Girl RebootiCarly Reboot OUT THIS WEEKLoki - June 9 (Disney Plus)In The Heights - June 10 (Theatres, HBO Max, PVOD) WHAT WE'RE WATCHINGAnthony: Mare of Easttown, The Conjuring: The Devil Made Me Do It, FriendsDaniel: Mare of Easttown, Thor Ragnarok, The Conjuring: The Devil Made Me Do ItShahbaz: Mare of Easttown, Barry, Chris Rock: Kill The Messenger, The Conjuring: The Devil Made Me Do It, The Fast and The Furious, Thor Ragnarok, Nobody, 2 Fast 2 Furious PLINKIf you run a podcast, PLINK is an essential tool and will send your listeners to the right place, on any device, every time. Affiliate Code: https://plinkhq.com/?via=themoviepodcast