Experience

Energy Company Bankruptcy

Representing major creditor in multi-billion dollar energy company bankruptcy, including complex litigation appealed to Federal Court of Appeal.

Lake Tahoe Resort Bankruptcy

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

Citibank Loan Work Outs

Represented lender in the workout of various loan portfolios.

City of Vallejo Bankruptcy

Representing the International Association of Firefighters Local 1186, and International Brotherhood of Electrical Workers Local 2376 in the City's Chapter 9 bankruptcy. Vallejo was the largest city in California to file for bankruptcy protection.

Alternative Energy Bankruptcy

Acted as the examiner in a large bankruptcy of wind turbine company and assisted solar energy clients on financing and sale.

BearingPoint, Inc. Bankruptcy

Represented Dulles Hotel Corporation in connection with its claims in the BearingPoint bankruptcy, filed in the Southern District of New York.

Cascade Acceptance Corporation

Representing 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, pending in the U.S. Bankruptcy Court for the Northern District of California.  Subsequently, we also represent the Chapter 7 trustee after conversion of the case in complex litigation against insiders and affiliates. 

CEIDCO Bankruptcy

Defended a developer of commercial properties in Central Europe in eight-figure bankruptcy litigation involving fraudulent transfers, fraud, breach of fiduciary duty and other claims.

Crown Vantage bankruptcy

Represent U. S. Xpress in connection with the Crown Vantage bankruptcy proceeding.

Curon Medical v. Woodruff Sawyer & Co.

Represented Curon Inc., a small medical device company, as Special Litigation Counsel in an insurance broker malpractice claim.  A jury panel of the San Francisco Superior Court correctly found that the insurance broker negligently failed to preserve Curon's rights under its policy, and awarded damages to Curon.

Dolby Laboratories Bankruptcy / Restructuring

Advice on structuring agreements and licensing programs, and representing digital technology company's interests in customer bankruptcies and workouts.

Kemper Insurance Insolvency

Represented numerous clients anticipating the insolvency and liquidation of Kemper, including negotiation and documentation of policy buy-out deals in the shadow of looming insolvency.

National Restaurant Chain Bankruptcy Sale

Bids for, and purchase of, assets out of various bankruptcies, ranging from attempted acquisition of a publicly-traded restaurant chain, to purchase of an approximately $100 million hotel property, to acquisition of various intellectual property assets out of bankruptcy sales and auctions.

Ng Bankruptcy

Represent debtors in Chapter 11 bankruptcy case of real estate magnate who ran 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.

Peregrine Real Estate Bankruptcy

Represented the creditors' committee.

Revco

Represented owners of a business sold to the debtor in protecting their purchase payments from attack as fraudulent transfers.

Ritz-Carlton Hotel

Representing Thomas Morone, the Court-appointed Receiver for the Ritz-Carlton Highlands Hotel and Residences at the Northstar ski resort in Lake Tahoe.  Among other things, we have been assisting the Receiver with respect to issues regarding the proposed sale of the Hotel property, disputes involving the sale of a dozen penthouse condominium units, a number of construction and mechanics' lien matters and various other litigation issues.

Shaman Pharmaceuticals Bankruptcy

Represented Shaman Pharmaceuticals in its Chapter 11 proceeding as debtor's counsel and sold their leasehold in bankruptcy for almost $1 million, and auctioned their various intellectual property assets.

SK Foods LP

Representing the company owners, parent companies, affiliates and family trusts in defending over 14 separate proceedings brought by the bankruptcy trustee on a variety of theories.

Yahoo!

Successfully defended the company in a fraudulent transfer and preference litigation brought by a bankrupt debtor, settling the case for a walk away and agreement not to seek attorneys' fees after defeating an early motion for partial summary judgment.

Firm Highlights

Publication

Non-Residential Lease Default Workouts, Security Deposits and Bankruptcy

What are the bankruptcy implications of the treatment of a tenant’s security deposit following a payment default?  Many non-residential tenants are now or are likely in the future to be unable to pay rent...

Read More
Publication

Hospitality Companies and Their Lenders: Preparing for Difficult Conversations

In a sudden reversal of generally expansionary trends, the hospitality business has been among the most immediate and badly hit economic sectors as a result of the COVID-19 pandemic, and the resulting stay-at-home and...

Read More
Publication

Treatment of Commercial Leases in Tenant Bankruptcy - The Basics

As the COVID-19 pandemic continues to wreak havoc with the nation’s economy, we have started to see bankruptcy filings by well-known companies such as GNC, J. Crew, Neiman Marcus, Modell’s, 24 Hour Fitness, Gold’s...

Read More
Publication

Wine Businesses, Lenders, and Difficult Conversations

The COVID-19 pandemic and public health efforts to combat it will impact different wine businesses in different ways. Those that depend on on-premise and direct-to-consumer (DTC) sales, such as restaurant, hospitality, and tasting room...

Read More
Publication

Questions Wineries Need to Answer Before Talking With Lenders About Coronavirus-Caused Financial Woes

The coronavirus pandemic and public health efforts to combat it will impact different wine businesses in different ways. Those that depend upon on-premise and direct-to-consumer (DTC) sales — such as restaurant, hospitality, and tasting room...

Read More
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...

Read More
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...

Read More
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...

Read More