Focus Areas
Lender/Secured Creditor/Equipment Lessor Representation
- Representation of senior lender with respect to litigation against junior lien holder’s interests in various distressed real estate development projects.
- Representation of senior lender with respect to exercising cognovit, foreclosure and other remedies regarding various real estate development projects.
- Representation of senior lender in the context of a sale under section 363 of the Bankruptcy Code.
- Representation of senior lender to multi-state real estate developer in chapter 11 regarding the defense of claims by bonding company for breach of fiduciary duty and unjust enrichment.
- Representation of equipment financier in connection with section 363 sale process.
- Representation of lender in connection with Article 9 sale of fitness club.
Debtor and Trustee Representation
- Chapter 11 representation of multi-state manufacturer of specialty chemicals in the context of a reorganization.
- Chapter 11 representation of automotive supplier of wheels and component parts in the context of a reorganization.
- Chapter 11 representation of regional automotive service supplier in the context of a sale of substantially all of its assets and liquidation.
- Representation of Chapter 7 trustee in connection with the liquidation of oil and gas operator.
- Representation of foundry in connection with Article 9 sale transaction.
Creditor Committee Representation
- Representation of the Creditors’ Committee with respect to a sheet metal manufacturer.
Creditor Representation
- Representation of multiple creditors in the context of an automotive supplier’s Chapter 11 case.
- Representation of largest unsecured creditor in a Chapter 11 bankruptcy proceeding involving significant litigation over enforceability of a binding arbitration agreement and litigation of claim.
- Representation of suppliers in connection with various credit protection strategies.
Director and Officer Liability
- Representation of officers in connection with breach of fiduciary duty and deepening insolvency claims arising out of unsuccessful efforts to restructure complex, multi-state integrated steel mill operations.
- “Ohio’s Amended Stay-at-Home Order,” Thompson Hine COVID-19 Update, April 2020
- “Ohio Issues Stay at Home Order,” Thompson Hine COVID-19 Update, March 2020
- “Supreme Court: Trademark Licensees May Still Use Marks After Rejection of License in Bankruptcy,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, May 2019
- “Preference Actions and Diligence Requirements: Counsel Beware,” American Bankruptcy Institute Journal, July 2013
- “Pick a Standard, Any Standard: Negligence, Gross Negligence, or Willful and Deliberate Standard of Care for D&Os Post-Bankruptcy,” American Bankruptcy Institute Journal, June 2012
- “Pre-BAPCPA Case Law Interpreting the Ordinary – Course Defense is Alive and Well,” American Bankruptcy Institute Journal, July 2011
- “Waking a Sleeping Giant: The Industry Standard Preference Defense Post-BAPCPA,” Cleveland Metropolitan Bar Association, September 2010
- “Short Circuited: Section 502(d) May be Applied to §503(b)(9),” American Bankruptcy Institute Journal, June 2010
- “Purportedly Fraudulently-Transferred Property as Property of the Estate Before Judicial Determination,” American Bankruptcy Institute Journal, June 2009
- “Debtors have Multiple Options in Dealing with Bankruptcies,” Crain’s Cleveland Business, March 2006
- Co-author, “A Supreme Debate – the Discharge of Non-Debtor Entities under Chapter 11,” Norton’s Annual Survey of Bankruptcy Law, Fall 2003
- Case comment, Commonwealth v. Cass, 30 Rutgers L.J. 1388, 1999
- “Bankruptcy Issues Affecting Environmental Matters,” Cleveland Metropolitan Bar Association, November 2010
- Panel moderator, “Regarding Workouts and Bankruptcies from a Lender’s Perspective,” Cleveland Metropolitan Bar Association/Turnaround Management Association, November 2010
- Panel discussion, “Creditors’ Rights,” William J. O’Neill Institute, May 2010
- Cleveland Metropolitan Bar Association, Section 363 Sale Basics, Fall 2009
- National Business Institute, “Chapter 11 Bankruptcy and Alternatives,” Cleveland, Winter 2008
- “Bankruptcy Considerations in Loan Documents,” Lorman Education Services, Fall 2006
- “New Creditor Strategies for Old Problems: Taking Advantage of the 2005 Bankruptcy Code Amendments,” Cincinnati and Cleveland, Spring 2006
- “A Preference Primer” and “The Fiduciary Duties of Directors and Officers of Corporations that are Solvent, Insolvent and in the Zone of Insolvency,” Cleveland Chapter of the Ohio Society of CPAs, December 2003
- Selected to the Ohio Super Lawyers list*, 2013-2025
- Selected to the Ohio Rising Stars list*, 2009-2012
- Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, Bankruptcy/Restructuring, Ohio, 2010 to 2016, 2018 to 2022
- Selected for inclusion in The Best Lawyers in America® 2013 to 2025 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation-Bankruptcy; named the Best Lawyers® 2016 “Lawyer of the Year” in Cleveland
*The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Professional Associations
- Cleveland Metropolitan Bar Association, Commercial & Bankruptcy Law Section, Former Chair
- Turnaround Management Association, Northern Ohio Chapter
- IWIRC, Northern Ohio Chapter
Community Activities
- Coach Sam’s Inter Circle Foundation, Board Member
Education
- Rutgers School of Law - Camden, J.D., 2000,
editor, The Rutgers Law Journal; teaching assistant, First Year Legal Writing Program
- University of Rhode Island, B.A., 1997
Bar Admissions
- Ohio
- New Jersey
- Pennsylvania
Court Admissions
- U.S. Bankruptcy Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- Ohio’s Amended Stay-at-Home Order,
COVID-19 Update
, April 3, 2020 - Ohio Issues Stay at Home Order,
COVID-19 Update
, March 22, 2020 - Supreme Court: Trademark Licensees May Still Use Marks After Rejection of License in Bankruptcy,
Business Restructuring, Creditors’ Rights & Bankruptcy Update
, May 29, 2019