Experience

Trial Victory for Smart Meter Technology Company

Defended a smart meter technology company in a federal bankruptcy court bench trial against billion-dollar damage claims asserted by a technology licensor. Following the two-week trial, the court found for our client on all counts, not only rejecting the licensor’s damage claims but fully vindicating our client's rights under the license agreement.

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. 

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

News

Special-Servicer Work Heats Up, Revealing CMBS Tensions

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in the Law360 Real Estate Authority article "Special-Servicer Work Heats Up, Revealing CMBS Tensions." In the article, Gary noted that there is usually...

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News

Brookfield Poised To Take Ownership of Massive Veritas-Owned San Francisco Residential Portfolio

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in the  San Francisco Business Times  article, "Brookfield Poised To Take Ownership of Massive Veritas-Owned San Francisco Residential Portfolio." Read the full article  here...

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News

Farella Wins Complete Defense Ruling at Trial for Smart Meter Technology Company

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory for a smart meter technology company following a two-week bench trial in the U.S. Bankruptcy Court for the Southern District of California...

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News

This Real Estate Company Dumped Its Downtown San Francisco Mall. Now It’s Gobbling Up Apartments

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The  San Francisco Standard  article, "This Real Estate Company Dumped Its Downtown San Francisco Mall. Now It’s Gobbling Up Apartments." Read the full...

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News

Brookfield Forecloses on 2,150-Unit Veritas Portfolio With Uncontested $464M Bid

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The Real Deal  article, "Brookfield forecloses on 2,150-unit Veritas portfolio with uncontested $464M bid." Read the full article  here  (subscription may be...

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News

Burdened by Debt, Savvy SF Office Owners Get Creative

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The San Francisco Standard article, "Burdened by Debt, Savvy SF Office Owners Get Creative." In the article, Gary explained that in most cases...

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