Experience

Bankruptcy Sales and Asset Purchases

Represented various purchasers of assets through bankruptcy or other distressed sales, including restaurant chain, $100 million hotel property, and various intellectual property assets out of bankruptcy sales and auctions.

Landlords In Large National Bankruptcy Cases

Represented landlords in myriad large retail and other chain bankruptcy cases throughout the U.S., such as Toys "R" Us, GNC, Forever 21, Payless Shoes, Circuit City, Borders, 24 Hour Fitness & Shopko, including negotiating favorable sales or restructurings to continue leases and settlements of related substantial, complex claims.

Bankruptcy Litigation For Leading Payments Technology Company

Represented Visa in various litigation in bankruptcy cases throughout the U.S., including defending numerous preferential and fraudulent transfer claims in the Brookstone, American Apparel, Sears, Limited Stores, Gordmans and Charlotte Russe cases and defeating efforts to enjoin processing of large scale international transactions in the Galileo Learning and smarTours cases. 

Bankruptcy Litigation For Leading Medical Device Company

Represented Intuitive Surgical in various litigation matters in bankruptcy cases throughout the U.S., including the Astria Health, Southern Regional Medical Center and Forest Park Medical Center bankruptcy cases.

International Food and Beverage Company Insolvency

Negotiated and documented complex multi-million dollar settlement for international food and beverage company.

Energy Company Bankruptcy

Represented First Solar, a major creditor in multi-billion dollar bankruptcy cases of FirstEnergy Solutions and affiliates, including complex litigation appealed to 6th Circuit Court of Appeal, leading to favorable settlements.

Lake Tahoe Resort Bankruptcy

Successfully foreclosed on resort development property in Lake Tahoe area, overcoming concerted legal actions by debtor and related parties, including multiple lawsuits and bankruptcy filing.

Transportation Company Bankruptcy

Represented Yellow Cab Company of San Francisco in their Chapter 11 bankruptcy case, including complex dealings with the Official Committee of Unsecured Creditors. 

City of Vallejo Bankruptcy

Represented the International Association of Firefighters Local 1186 and International Brotherhood of Electrical Workers Local 2376 one of the largest Chapter 9 (municipal) bankruptcy cases ever filed in California.

Ritz-Carlton Hotel - Lake Tahoe

Represented Court-appointed Receiver for the Ritz-Carlton Highlands Hotel and Residences at the Northstar Ski Resort in Lake Tahoe, including the proposed sale and disputes, construction and mechanics' liens, and various other litigation issues.

Real Estate Bankruptcy

Represented debtors in Chapter 11 bankruptcy case of real estate magnate overseeing mortgage investment funds with assets of hundreds of millions of dollars, including complex dealings with affiliated entities, the Official Committee of Unsecured Creditors and thousands of  individual creditors, litigants and other interested parties in the bankruptcy case.

Investment Fund Bankruptcy

Represented the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of Cascade Acceptance Corporation, a mortgage investment company with more than $100 million of assets and liabilities.  Subsequent representation of Chapter 7 bankruptcy trustee in complex litigation against insiders and affiliates resulting in favorable settlements.

Loan Workouts

Represent numerous lenders and borrowers in the workout of various loans, often involving complex issues.

Firm Highlights

Publication

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa ., the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although...

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Publication

What to Do When Commercial Leases End Up in Bankruptcy

The COVID-19 pandemic is forcing many businesses to close, leaving landlords in the lurch. The COVID-19 pandemic continues to shake up the nation’s economy. Long-standing companies such as JC Penney, J. Crew, Neiman Marcus, Modell’s...

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Publication

Protecting Suppliers and Customers of Insolvent or Bankrupt Companies

Some 3,600 companies having already  filed for Chapter 11 protection  in the first half of 2020—more than in any year since 2012—and many are bracing for an even greater surge of bankruptcy filings before...

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Publication

How Grape Growers Can Protect Their Interests When a Winery Approaches Insolvency

A lot goes into the making of great wine, and when a winery becomes financially unstable, there are multiple competing interests that need to be satisfied, including the banks that provide the winery with...

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Publication

Undergoing Bankruptcy Proceedings? Here’s How to Make Sure PII Maintains Its Value

Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings...

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News

Farella Braun + Martel Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars

Thirty-seven Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2021. 2021 Farella Northern California Super Lawyers: George Argyris – Estate...

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Publication

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...

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