Bankruptcy Litigation, Regulation and Policy LITIGATION/CONTROVERSY

Sophisticated knowledge of the bankruptcy process, combined with top-notch appellate and trial experience and the perspective and insight required to address a wide range of bankruptcy litigation and regulation issues.


Bankruptcy litigation requires a combination of sophisticated knowledge of the bankruptcy process and experience in complex multi-party litigation disputes. Our top-notch appellate and trial experience, and our depth of involvement in bankruptcy matters, provide for the ideal team for legal representation in high-value bankruptcy and creditor rights litigation. Our lawyers also advise clients on all aspects of bankruptcy and insolvency regulation and policy, through focused litigation efforts, appellate advocacy as parties and as amicus curiae, and development and management of corporate policies and procedures.

Contacts

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Anker_Phil.jpg

Philip D. Anker

Co-Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Goldblatt, Craig

Craig Goldblatt

Partner

+1 202 663 6483 (t)

craig.goldblatt@wilmerhale.com

Areas of Focus

  • Bankruptcy Litigation: WilmerHale’s top-notch appellate and trial attorneys have an unmatched depth of involvement in bankruptcy matters, providing the ideal team for high-value bankruptcy and creditor rights litigation. Our attorneys have been at the forefront of major bankruptcy litigation matters, including a number of multi-billion dollar actions resulting from spinoffs and leveraged buyouts that were followed by later bankruptcy filings. We represent the insurance industry and its members in challenging asbestos-related bankruptcies in which billions of dollars in alleged liabilities are at stake. We represent financial institutions and industry associations in connection with bankruptcy-related lawsuits and the effects of bankruptcy on the operation of financial markets. We represent secured and unsecured lenders and lender groups, as well as landlords, trade creditors and bondholders, in the full range of litigation matters that start or end up in bankruptcy court, or which arise out of insolvency issues. We are often involved in US Supreme Court cases addressing bankruptcy-related issues, whether representing a party or as amicus curiae.
  • Bankruptcy & Government Regulation: WilmerHale’s firmwide capabilities in virtually every area of government regulation give us a unique perspective where regulation intersects with bankruptcy. We have substantial experience evaluating and mitigating insolvency risk in securities and commodities contexts, and in addressing issues arising from securities and commodities broker liquidations. We have represented clients in bank and bank holding company insolvency proceedings involving the FDIC and state regulators. We have also represented a leading mortgage servicer in connection with its residential mortgage business, helping the bank to navigate the evolving regulatory regimes in that area.
  • Bankruptcy & Insolvency Policy: WilmerHale takes a preeminent role on key issues of bankruptcy policy. Our attorneys have provided testimony before the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 regarding the protection of secured creditor rights in the bankruptcy process. We have represented the Loan Syndication and Trading Association as amicus curiae in a US Supreme Court case regarding the right of a secured creditor to credit bid its claim in bankruptcy, and we represented the Securities Industry and Financial Markets Association as amicus curiae in a Second Circuit appeal that raised significant questions about the scope of the Bankruptcy Code’s safe-harbor provisions relating to securities contracts. In addition to policymaking work, we assist clients in understanding and complying with bankruptcy policy decisions that affect their businesses.

Publications & News

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December 20, 2017

WilmerHale Makes American Lawyer's 2017 Finalist List as a Top Litigation Firm

Recognizing the enormous talent and major recent victories of WilmerHale lawyers, The American Lawyer placed the firm's Litigation/Controversy Department in the small group of finalists for the legal publication's 2017 Litigation Department of the Year contest.

November 1, 2017

WilmerHale Honored Throughout 2018 U.S. News - Best Lawyers® Best Law Firms List, Named Intellectual Property Litigation Firm of the Year

WilmerHale has been recognized among the 2018 U.S. News and World Report and Best Lawyers® list of Best Law Firms, an honor it has earned since the inception of these rankings in 2010.

August 7, 2017

Time Is Money: Historical Strip Prices and Valuation in Oil & Gas Bankruptcies

Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value as of a specific point in time. This client alert was also published in the November-December 2017 edition of Pratt's Journal of Bankruptcy Law.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

May 2, 2017

Coming to America?—Applying Bankruptcy Code Section 109(a) to Vet Foreign Companies Filing US Bankruptcy Cases Under Chapter 15

Chapter 15 of the US Bankruptcy Code provides a doorway for non-US companies to obtain creditor protection and other benefits of a US bankruptcy in support of insolvency proceedings for those companies in their “home” jurisdictions. But how wide open is that doorway? Recent decisions interpreting section 109(a) of the US Bankruptcy Code in the chapter 15 context provide answers—but not necessarily consistent ones—to this question.

March 31, 2017

Supreme Court Rules in Favor of WilmerHale Client in Closely Watched Bankruptcy Law Case

WilmerHale earned a significant victory when the US Supreme Court ruled in favor of the petitioner and WilmerHale client—a group of truck drivers formerly employed by Jevic Transportation Inc.—in Czyzewski v. Jevic, finding that so-called “structured dismissals” to end Chapter 11 cases cannot be used in a way that violates the Bankruptcy Code's priority scheme.

November 28, 2016

Craig Goldblatt Elected as National Bankruptcy Conference Conferee

The NBC is a nonprofit, non-partisan, self-supporting organization of approximately 60 lawyers, law professors and bankruptcy judges whose primary purpose is to advise Congress on the operation of bankruptcy and related laws and any proposed changes to those laws.

November 23, 2016

WilmerHale Team Wins Precedent-Setting Third Circuit Bankruptcy Case

In a unanimous decision, a panel of the US Court of Appeals for the Third Circuit held that holders of first-lien notes represented by the firm were entitled to a make-whole payment that could amount to approximately $431 million, together with interest.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

May 9, 2016

Cross-Border, Cross-Debtor, Multi-Debtor Issues in Proceedings

In this article published in the American Bankruptcy Institute Journal, Vol. XXXV, No. 5, George Shuster and Benjamin Loveland explore cross-border cases, which can present complex problems between the debtor and its creditors, and the complexities in the relationships among international debtors from the same corporate family.