Shardul S Shroff

Leaders in Law endorses Shardul S Shroff as our exclusively recommended Insolvency Law expert in India. If you wish to get in touch with Shardul, please use the contact information provided above.

Shardul S. Shroff is the Executive Chairman of the Firm and also heads the Firm’s Insolvency & Bankruptcy practice. Shardul has been instrumental in developing and driving the Firm’s vision that is focused on enabling business by providing solutions as trusted advisors, through excellence, responsiveness, innovation and collaboration. He spends his time on guiding the Firm’s strategy and Partners in building strong relationships with clients and each other internally across the Firm. Shardul’s four decades of experience spans across a wide spectrum, including expertise in Insolvency and Bankruptcy, Mergers & Acquisitions, Securities Law, Government Regulations, Disinvestment & Capital Markets, and Debt Recovery, helping build a pole position for the Firm in many of these practice areas.

As a thought leader in the legal domain, Shardul has been consistently rated as a leading corporate lawyer by several international fora and publications, including Who’s Who Legal, Asialaw, Chambers and Partners, Legal 500, Euromoney, International Financial Law Review (IFLR) and more.

IFLR1000 2020, the guide to the world’s leading financial and corporate law firms, notes Shardul as a “market leader in the areas of Mergers & Acquisitions, Banking & Finance, Restructuring & Insolvency, Capital Markets, Infrastructure, Project Finance and Project Development”, while Chambers and Partners views Shardul as “a highly respected practitioner in the corporate and M&A space who is known for his long-standing experience handling joint ventures, takeovers, divestments and commercial contracts.”

In a span of four and half years since the Insolvency & Bankruptcy Code was introduced by the Government of India in December 2015, the practice established by Shardul in this domain, has built a leadership position. Under his mentorship, the Firm was recognised as ‘The Best in Insolvency’ at the Asialaw’s Asia Pacific Dispute Resolution Awards 2018.

Other significant engagements include being a member of JJ Irani Committee for amending the Companies Act; the Expert Committee on maintenance of cost records and cost audit in 2014; the Eradi Committee involved in the insolvency provisions of the Companies Act, 1956; the second Naresh Chandra Committee appointed to look into aspects of SMEs and simplification of company law; and the Valuation Committee.

As a preeminent expert in his field, Shardul has been appointed as an independent director on the boards of several top companies operating in India. He has also held top executive positions at various business and legal bodies such as Chairman of the CII National Committee on legal services and arbitration; Chairman of the FICCI Committee on stressed assets and Senior Vice President on the Society of Indian Law Firms (SILF) and Vice-Chair of the Corporate Counsel Committee of the IPBA council.

Shardul is also a member of the US-India Business Council; the Union Internationale Des Advocats and the Indo-German Chamber of Commerce.

A recipient of the National Law Day Award from the President of India, Shardul was recognised “for his unique contribution to the field of corporate law and leadership in its practice” and for being “instrumental in advancement of India’s corporate law practice at international standards.”

Practice Focus

Shardul is a much sought after legal expert by both the government and private corporations for advisory and representation on high stake matters related to Insolvency and Bankruptcy proceedings, Mergers & Acquisitions, Securities Law, Government Regulations, Disinvestment and Capital Markets.

He regularly represents high profile clients before National Law Company Tribunal, and Securities and Exchange Board of India. Shardul also has an extensive practice in bank loan recovery actions, debt reconstruction proceedings before the Board for Industrial and Financial Reconstruction (BIFR), asset reconstruction and securitisation under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (the SARFAESI Act).

He has been a member of the Insolvency Law Committee formed by the Government of India to review the implementation of the Insolvency and Bankruptcy Code. He was also a member of the high-powered Committee to review decriminalisation of offences under the Companies Act and the Committee on Cross-Border Insolvency.

Select Experience Statement

Insolvency & Bankruptcy

  • Committee of Creditors in the corporate insolvency process initiated against Bhushan Steel Limited.
  • Resolution Professional in corporate insolvency resolution process for Bhushan Power and Steel Limited.
  • State Bank of India, in the insolvency proceedings before the National Law Company Tribunal and the corporate insolvency process initiated against Essar Steel Limited.
  • Resolution Professional of Electrosteel Steels Limited during the corporate insolvency resolution process.
  • Committee of Creditors in the corporate insolvency process initiated against Amtek Auto Limited.
  • Resolution Professional of Alok Industries Limited, during the corporate insolvency resolution process.

Banking & Reconstruction of Sick Companies

  • Besides doing all forms of bank borrowing and lending transactions for clients like IDFC, IFCI, ICICI, IDBI, RaboBank, Shardul has had an extensive practice in bank loan recovery actions, debt reconstruction proceedings before the Board for Industrial and Financial Reconstruction (BIFR), asset reconstruction and securitisation under the SARFAESI Act.
  • On the Mardia Chemicals case, relating to the constitutional challenge of the SARFAESI Act.
  • International Finance Corporation (W), ADB and other multi-lateral lenders before the BIFR in Bihar Sponge and Modi Rubber cases.
  • State of Andhra Pradesh in Allwyn and Voltas in relation to the spin-off of the refrigeration business unit.
  • Under the Sick Industrial Companies (Special Provisions Act) 1985, he has advised on matters such as Amar Dye Chem, Mansarovar Bottling of The Coca-Cola Company, Saurashtra Cement, Modi Cement, Balaji Industries and Hotels Limited, Carlsberg on behalf of secured lenders like ICICI.

Mergers, Acquisitions & Restructuring Projects

  • Videocon Hydrocarbon Holdings Limited (“VHHL”) in relation to the sale by Videocon Mauritius Energy Limited (“VMEL”) of its 100% stake in Videocon Mozambique Rovuma 1 Limited (“VMRL”), including in relation to drafting, review and negotiation on the transaction documents.
  • General Electric Company, and has been involved in all legal aspects of the deal including: (i) structuring of a transaction involving the sale of 100% shareholding and controlling interest of General Electric Company and its affiliates  in GE Capital Services India and GE Money Financial Services Private Limited to Plutus Financials Private Limited.
  • Poddar Heritage Group in restructuring of its shareholding in Gillette India Limited as members of the Promoter/Promoter Group to “public”, with the prior approval of SEBI and in undertaking the OFS through the stock exchange mechanism.
  • ONGC Tripura Power Company Limited (“OTPC”) on bidding process, structuring a transaction and assistance in drafting and negotiating the transaction documents.
  • Avantha Holdings Limited (“Company”) in relation to an investment made in the Company by AION Investments Singapore Private Limited and Apollo Asia Private Credit Master Fund Pte Limited by way of issue of rated redeemable secured principal protected market linked non-convertible Debentures (“NCDs”).

Indian Government’s Disinvestment Projects

  • Oil and Natural Gas Corporation (ONGC)’s acquisition of 37.5% stake in MRPL from Aditya Birla Group and then increasing its stake to approx 71% in the debt restructuring process.
  • Indian Oil Corporation Limited in relation to the merger of IOBL, a 100% subsidiary of IOC and a thinly capitalized company into its holding company.
  • On the sale/disinvestments of 18 public sector enterprises of the State of West Bengal, including the Great Eastern Hotel Co. Ltd. This is a DFID supported project.
  • On the disinvestment of National Fertilizers Limited (NFL). The Firm advised on the structure of the Sale Transaction and tax implications proposed to the Govt of India by the Global Advisor. Further, advised the Government regarding the scope of and arrangements for the due diligence to be carried out in relation to the Sale Transaction, and the review and advice on the wording of the Confidential Information Memorandum.
  • Bidder Consortium of TATA Industries Limited and Singapore Airlines on sale of Government shares in Air India. The Firm was involved in negotiations with Government on Confidentiality Undertaking, the review of Bid Documents including the Share Purchase Agreement, Shareholders Agreement, Request for Proposal and Information Memorandum; in heading the legal due diligence process, in structuring the consortium, and drafting the MOU / JVA.
  • Videocon International Limited on disinvestment of 26% of the Government shareholding in Indian Airlines Ltd.

Capital Markets

  • The issuer, Eros International Plc. The role included providing assistance in relation to due diligence and disclosure in the prospectus on the group’s operations in India (through its significant Indian subsidiaries), as well as advising on various Indian law issues in relation to the transaction.
  • Poddar Heritage Group in restructuring of its shareholding in the Company as members of the Promoter/Promoter Group to “public”, with the prior approval of SEBI and in undertaking the OFS through the stock exchange mechanism.
  • IDFC Limited in their QIP.
  • Contributed to the preparation of the first edition of the Sick Industrial Companies (special Provisions) Act as authored by S A Naik, former executive director of the Industrial Development Bank of India.

A detailed experience statement can be shared on a confidential basis.

Areas of Expertise

  • Insolvency & Bankruptcy
  • General Corporate
  • Banking & Finance
  • Private Equity

Professional Memberships

  • Supreme Court Bar Association
  • Advocate on Record, Supreme Court of India
  • Inter-Pacific Bar Association (IPBA)
  • Delhi Bar Association

Education

  • B.Com (Hons), Sydenham College of Commerce and Economics, Mumbai
  • LL.B, Government Law College, University of Mumbai

Firm Description:

Shardul Amarchand Mangaldas & Co, among India’s pre-eminent law firms, is built on a century of excellence. As one of India’s marquee law firms, we help our clients grow, innovate and thrive. For over a century, we have built a reputation for our expertise, specialised solutions and the ability to think ahead. We find the most relevant and highly tailored solutions to our clients’ composite legal challenges.

With a constantly evolving legal, regulatory and business environment, we are determined to help our clients embrace change and stay ahead. Our multidisciplinary teams with global exposure and in-depth knowledge are frequently sought after by leading national and international organisations for qualitative, legal and business-critical advice.

Committed to investing in the brightest legal talent, the Firm has more than 773 lawyers who, with 158 partners, offer solutions across diverse practice areas for industries, the central government and states, regulatory bodies, industry chambers and non-profit organisations. Our offices are spread across New Delhi, Mumbai, Gurgaon, Bengaluru, Chennai, Ahmedabad and Kolkata.

We deliver original and exceptional solutions in the fields of mergers & acquisitions, tax, competition law, dispute resolution & arbitration, regulatory litigation, capital markets and private equity practices. We are an exclusive member firm of Lex Mundi in India, which helps clients access our partner network across more than 125 countries.

 

Mark Goodman

Leaders in Law endorses Mark Goodman as our exclusively recommended Insolvency Law expert in Cayman Islands. If you wish to get in touch with Mark please use the contact information provided above.

Mark is a partner in our Litigation, Insolvency & Restructuring Group where he specialises in insolvency, restructuring and investment fund litigation. Mark advises and appears in the Cayman Islands Courts on behalf of provisional and official liquidators, creditors, shareholders, directors, managers and other professional service providers in relation to a broad range of pre and post liquidation disputes. He has acted in litigation involving widely varying commercial contexts and structures, but his practice principally involves distressed and failed investment funds.

Mark regularly publishes articles and speaks at seminars and conferences on issues relevant to insolvency, restructuring and investment fund litigation. He is also the current Chair of the Recovery & Insolvency Specialist Association (Cayman) Ltd. Board.

Expertise

Professional Associations

  • Law Society of England & Wales
  • Cayman Islands Law Society
  • INSOL
  • American Bankruptcy Institute
  • Chairman, Recovery & Insolvency Specialist Association (Cayman) Ltd. (RISA)
  • International Insolvency Institute

Firm Description:

Our clients rely on our knowledge, expertise and ability to create the best possible outcome for any given scenario. This skill comes from years of dedication and a relentless commitment to putting our clients first, every time.

Campbells is a leading full service offshore law firm established in 1970.  From our offices in the Cayman Islands, the British Virgin Islands and Hong Kong we provide comprehensive corporate and litigation advice and services to clients worldwide in relation to Cayman Islands and British Virgin Islands law. We are regularly trusted to advise some of the most prominent names in finance, investment and insurance and we are frequently involved in the largest and most complex transactions, disputes and insolvencies in both jurisdictions.

Our legal team is internationally recognised for its expertise by leading directories and trade publications and we are also proud to be actively involved in the development of legislation, sitting on critical government legislative committees. Campbells is a member of the international legal networks Meritas and World Law Group.

 

Paul Douglas Stewart, Jr.

Leaders in Law endorses Paul Stewart, as our exclusively recommended Insolvency Law expert in Louisiana, USA. If you wish to get in touch with Paul please use the contact information provided above.

A Certified Business Bankruptcy Specialist, Mr. Stewart is licensed in Louisiana and clerked for the Honorable Louis M. Phillips from 1998–2000.

Mr. Stewart is a founding member of the firm. Mr. Stewart has authored and co-authored numerous bankruptcy related articles over the past twenty years and has lectured extensively on bankruptcy topics. Mr. Stewart has represented panel trustees, chapter 11 trustees, creditors, creditor committees and debtors-in-possession throughout his career. Mr. Stewart holds the designation of Advocate from the National Institute of Trial Advocacy. Mr. Stewart is perennially recognized by Super Lawyer magazine as an outstanding lawyer in the area of Bankruptcy.

Education

  • Louisiana College, B.A., 1993
  • Mississippi College, J.D. 1996

Associations & Memberships

  • Louisiana State Bar Association
  • American Bankruptcy Institute
  • National Association of Bankruptcy Trustees

Prior Positions

Mr. Stewart clerked for the Honorable Louis M. Phillips, United States Bankruptcy Judge, Middle District of Louisiana from 1998 – 2000.

Prior to forming Stewart Robbins Brown & Altazan LLC, Mr. Stewart practiced with the firm of Taylor, Porter, Brooks, & Phillips, LLP and was a partner in the firm of Milling Benson, LLP.

Articles & Presentations

Mr. Stewart frequently presents on bankruptcy related topics with the Louisiana State Bar Association, Louisiana State University, the Fifth Circuit Bench Bar Conference and the National Association of Bankruptcy Trustees.

Firm Description:

SRBA’s attorneys bring a cohesive, results-driven approach to complex in and out-of-court corporate restructurings, and state and federal insolvency proceedings, representing debtors, trustees and committees.

Our attorneys have represented stakeholders in various situations within the bankruptcy process, including:

  • Debtors in chapter 11 reorganizations
  • Unsecured creditors’ committees
  • Trustees in chapters 11 and 7
  • Prosecuting and Defending avoidance actions and other bankruptcy-related litigation
  • Asserting secured and unsecured claims against estates
  • Prosecuting the assumption or rejection of contracts and leases
  • Purchasing property from bankruptcy estates
  • Investigations of various parties in bankruptcy proceedings
  • Automatic stay modifications and other proceedings related to the automatic stay
  • Discharge and dischargeability proceedings

 

Robert M. Fishman

Leaders in Law endorses Robert Fishman as our exclusively recommended Insolvency Law expert in Illinois, USA. If you wish to get in touch with Robert please use the contact information provided above.

Bob represents trustees, debtors, equity committees, secured and unsecured creditors, receivers and asset buyers and litigants in various insolvency proceedings, including informal out-of-court workouts. His clients range from health care, telecommunications, manufacturing service providers, to those in the real estate, retail, transportation, and financial services sectors. Bob served as the fee examiner in the City of Detroit, Michigan Chapter 9 case, and has acted as a fee examiner in other bankruptcy cases. As a bankruptcy mediator, he regularly handles a range of traditional two-party matters, including preference, fraudulent conveyance, and automatic stay disputes, as well as broader plan mediations involving all of the significant parties in interest in the case.

Bob was selected as a fellow of the American College of Bankruptcy in 1998, and served as the Seventh Circuit’s representative on the College Board of Regents and as a member of the College’s Board of Directors. He was president, chairman, and vice president of education of the American Bankruptcy Institute, and in 2018, he received the ABI’s Lifetime Achievement Award. He has been recognized by Chambers USA for Bankruptcy and Restructuring, Illinois, and Best Lawyers for Bankruptcy and Creditor Debtor Rights and Insolvency and Reorganization Law in Illinois.

Bob earned his J.D. from George Washington University School of Law in 1979.  He earned his B.A. from the University of Illinois in 1976.

Firm Description:

Ranked among the top 100 law firms in the country, Cozen O’Connor has more than 750 attorneys in 28 cities across two continents. We are a full-service firm with nationally recognized practices in litigation, business law, and government relations, and our attorneys have experience operating in all sectors of the economy. Our diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, ambitious startups, and high-profile individuals.

In an industry built on talk, Cozen O’Connor has made its name by doing. We have built our firm one case, one victory at a time. Our attorneys have impeccable academic credentials and are able to combine intellectual rigor with practicality and efficiency. We provide sophisticated, business-minded advice aimed at one simple goal: getting the right result for our clients. No matter how complex, contentious, or critical the undertaking, we persevere until the job is done.

What you’ve built, we can defend. What you envision, we can help construct.

Business LawThe firm serves as a trusted adviser and lead dealmaker on behalf of an impressive roster of national and international corporate clients. Our attorneys are recognized as among the country’s most practical and creative corporate practitioners. Rarely is the path from point A to point B a straight line, so our role is to find alternatives, devise workable strategies, and keep projects moving forward to completion. Cozen O’Connor’s business attorneys help clients achieve their goals with respect to mergers and acquisitionsventure capitalintellectual propertyreal estateenergy and environmentsecuritiestaxtransportation & tradeemployee benefits and executive compensationbankruptcypublic and project financeinsurance corporate and regulatory and health law.

LitigationCozen O’Connor’s historical roots are in litigation, and we are widely known as one of the top trial firms in the country. This firm has more attorneys in the American College of Trial Lawyers and more attorneys who have led major trials than any other comparably sized firm. Our long track record of aggressive and innovative advocacy gives us an edge both in court and in negotiations. We have experience resolving many types of disputes, including in the areas of complex commercial litigationintellectual propertylabor & employmentsecuritiesantitrustproduct liabilityaviationconstructioninsurance claims & litigation, and criminal defense and government investigations.

Government RelationsCozen O’Connor Public Strategies is a bipartisan government relations firm based in Washington, D.C., with strength through the mid-Atlantic region. The group serves clients on the federal, state and local level and before both the executive and legislative branches of government. Public Strategies professionals have held high-level political positions in Republican and Democratic administrations; worked for members of Congress and congressional and state committees; and run federal, state and local political campaigns. The team helps ensure that clients are seen and heard by key decision makers, and provides critical crisis management and public relations counsel.

 

Emil Delchev

Leaders in Law endorses Emil Delchev as our exclusively recommended Insolvency Law expert in Bulgaria. If you wish to get in touch with Emil please use the contact information provided above.

Emil Delchev headed the legal and tax department of Ernst and Young (Sofia) from 1995 until 1998. From 1998 to 2002 Emil Delchev was contracted to be in charge of the legal and tax department of Arthur Andersen (Sofia). Upon the demise of Andersen in 2002 and following a merger between Ernst & Young and Andersen in Bulgaria Emil Delchev headed the tax service line of Ernst & Young (Sofia) until February 2005 when he founded Delchev and Partners.

Emil Delchev brings the most valuable experience in practically all areas of law and taxation. Emil Delchev has guided hundreds of foreign investors in establishing their businesses in Bulgarian in times when Bulgaria changed from state to market economy. He has been involved from both legal and tax perspective in privatizations, restructurings, M&As, due diligence processes, acquisitions. Emil Delchev has provided advice in relation to some of the biggest and most complex transactions in Bulgaria.

Significant Representations

  • Involvement in complex shareholders arrangements and disputes between the shareholders in TechnomarketDomo NV, which included Bulgarian and Dutch law aspects. Regarding the Dutch law aspects of the matter Delchev & Partners co-operated with Clifford Chance (Amsterdam), together also participating in a following litigation before the Dutch court. TechnomarketDomo NV (“TMD”) used to be the owner of K&K Electronics EAD – the largest retailer and wholesaler of electronics in Bulgaria operating under the brand name Technomarket. TMD is also the owner of the Romania Domo retail operations – a market leader on the Romanian consumer electronics market.
  • Advice to the giant ALSTOM for more than 8 years in the largest, most important project for Bulgaria in the last 20 years. ALSTOM is the general contractor of the American energy company “AES” in the construction of Thermal Power Plant of 670-MW. The project cost is estimated at EUR 1.2 billion.
  • Vendor due diligence in relation to Delta Maxi’s disposal of its food retail business to Delhaize Group.
  • Advice and effectuation of a cross-border, multi-jurisdictional restructuring of East Balkan Properties plc. – AIM listed company investing in the property market of South East Europe, primarily in commercial, retail and industrial property with principal focus on Bulgaria, Romania and Serbia.
  • Tax due diligence, tax advice and transaction support to Heitman in its acquisition of the City Center Sofia Shopping Mall in Sofia, Bulgaria, from Equest Balkan Properties plc. The acquisition is one of the largest real estate transactions in the SEE region with a price of €101.5 million paid by Heitman through its European Property Partners III fund.
  • Sell-side advisor and provision of the complete range of M&A services to the shareholders of 2be in relation to the disposal of their shares to the Bulgarian Telecommunication Company. The transaction included inter alia complicated intellectual property and competition aspects. 2be is the biggest phone accessories retail chain in Bulgaria.
  • Sell-side advisor to Pamporovo Ski in the disposal of the Pamporovo Ski’s going concerning to Amer Sports. Pamporovo Ski is the only Bulgarian ski factory and is among the top 10 world ski manufacturers.
  • Due diligence, transaction support, CPC notifications and advice to Delta Maxi for the acquisition of the prestigious Bulgarian chain of supermarket operating under the brand name “Piccadilly”.
  • Transaction support and advice to the shareholders of diary company Fama in the disposal of the business to the Spanish private equity group GED. Notification of the transaction to the Bulgarian competition regulator.
  • Advised Wrigley Bulgaria on the reorganization of the business activity.
  • Buy-side adviser to a US stock-exchange listed corporation Bovie Medical Corporation in the acquisition of Bovie-Bulgaria EOOD for the price of approximately USD 1.2 million.
  • Advised Agrana Zucker GmbH on the restructuring of the business activity in Bulgaria with regard to the merger of Agrana Bulgaria EAD into Agrana Trading EOOD;

Education

Moscow State Institute of International Relations (MGIMO), Moscow (Master of Law)

Other Qualifications

  • Licensed Administrator of Insolvent Companies (Order # LC-04-72/2006 published in State Gazette # 16/21.02.2006);
  • Officially registered with the Bulgarian Patent Office as an industrial property representative under No 403;
  • Officially registered with the Office for Harmonization in the Internal Market (OHIM) as European Trade Mark and Design Attorney under No. 73148.

Bar Admissions

Member of the Bar

Languages

English, French, Russian

Firm Description:

Delchev & Partners is a prime, full service, commercial law firm with offices in Sofia and Plovdiv, Bulgaria.

Our solicitors provide comprehensive legal services and expert tax consulting solutions to multinational corporations operating in Bulgaria, international companies, closely held foreign and Bulgarian businesses, local entrepreneurs, exempt organizations and individuals.

Our experienced team of professional lawyers in Bulgaria will assist you with any legal or tax issues that you or your business in Bulgaria is facing.

 

Dr. Zoltán Tenk

Leaders in Law endorses Dr. Zoltán Tenk as our exclusively recommended Insolvency Law expert in Hungary. If you wish to get in touch with Dr. Tenk please use the contact information provided above.

Zoltán Tenk is managing partner at TENK Law Firm. With more than 15 years of experience he is a specialist of complex transactions with special regard to venture capital and private equity investments, distressed M&A and distressed finance transactions. Dr. Tenk also regularly advises clients on local and cross-border restructuring and insolvency matters.

Zoltán Tenk is a regular speaker at conferences with special focus on restructuring and insolvency related topics. Since 2013 Dr. Tenk is regularly ranked by Chambers Europe in the field of Restructuring and Insolvency.

Firm Description

From complex strategic advice, to the everyday, our clients can rely on our business approach, innovative thinking and client-focused services in all situations.

Our consulting activity primarily focuses on those areas of specialization and sectors where we have considerable knowledge and experience. We do this in order to provide  premium legal services in every situation to our clients, consisting of a wide range of businesses from multinational corporations, small and medium-sized enterprises and fast-growing start-ups to private individuals.

We operate in Budapest with several senior, junior and trainee lawyers. However, we assist wherever our clients need us to be, both within Hungary and internationally.

 

James Butler

Jim is an experienced practitioner and business advisor to SME’s.

Jim has extensive experience in Insolvency & Corporate Restructuring, and has acted as liquidator in both creditor and member voluntary liquidations.

In this role he deals with Banks and financial institutions in all areas concerning distressed property and non-performing loans. He has also been involved in debt management and re financing for both Companies and individuals.

He is also an experienced practitioner in Taxation and business advice for businesses in the area of the licensed trade, professional services and medical practitioners.

 

Davis Whitesell

Leaders in Law endorses Davis Whitesell as our exclusively recommended Insolvency Law expert in the USA – Massachusetts. If you wish to get in touch with Davis please use the contact information provided above.

Leaders in Law endorses Davis Whitesell as our exclusively recommended Insolvency Law expert in USA – Massachusetts. If you wish to get in touch with Davis please use the contact information provided above.

A. Davis Whitesell provides reasoned analysis and experienced counsel to help clients resolve legal and financial problems. His practice focuses on transactional and litigation matters involving commercial law and insolvency issues, with an emphasis on Chapter 11 bankruptcy matters.  Davis has over 25 years of experience in commercial bankruptcy cases, out-of-court debt restructurings, and acquisition and disposition of distressed businesses, and he represents debtors, fiduciaries, creditors, and acquirers in such matters. He is regarded for his succinct legal agreements and persuasive legal briefs.

Admissions

Davis is a member of the Massachusetts bar, and an inactive member of the California bar.  He is admitted to practice in the United States District Court for the District of Massachusetts and the United States District Court for the Northern District of California

Education

Davis graduated from Harvard College with honors, and from Boston University School of Law, where he was a G. Joseph Tauro Scholar.

Experience

Federal Bankruptcy Litigation

Represented private equity firm in multi-state litigation filed in the Federal Bankruptcy Court for the Central District of California, defending the client against claims for breach of fiduciary duty.  The highly contested and complex case revolved around the client’s investment in a distributor of medical devices that filed for Chapter 11 bankruptcy relief.  The litigation was commenced in the bankruptcy court by the Creditors’ Committee, and it eventually involved concurrent proceedings before several federal district court judges.  By vigorously contesting the allegations at every stage of the proceedings, and aligning the client’s defense with other co-defendants, a very favorable settlement was obtained and the claims were ultimately dismissed with prejudice.

Davis’s significant commercial bankruptcy experience includes his representation of:

  • Quincy Medical Center in the Chapter 11 sale of its hospital and the subsequent plan of liquidation.
  • Waste Systems International, Inc., a solid waste disposal company with liabilities of $150 million, in its successful Chapter 11 reorganization.
  • DB Companies, Inc., a chain of 150 convenience stores and gas stations, in the company’s Chapter 11 case, where Davis worked closely with the company’s management and investment banker to develop and implement a multi-pronged sale process resulting in 50 separate sale transactions generating greater than expected value.
  • Plassein International Corp., a manufacturer of plastic packaging in the United States and Canada with sales of $150 million, in the Chapter 11 sale of its business as a going concern.
  • Number Nine Visual Technology Corp., a publicly-held developer and manufacturer of graphics boards and a proprietary internet appliance, in its Chapter 11 case in which the company successfully accomplished the sale of its technology on an expedited basis.
  • NordicTrack, Inc., a manufacturer of exercise equipment with peak sales of $480 million, in its successful liquidation under Chapter 11.

Firm Description

Over the past 40 years, the attorneys of Casner & Edwards have built lasting client relationships through sound counsel and personal attention to individuals, businesses and institutions.

Throughout these years of distinguished service, we’ve kept pace with the remarkable changes in business and the law, including by consistently attracting attorneys who are recognized leaders in their fields. Keeping current enables us to effectively address the increasingly complex demands that our clients face.

Contemporary knowledge and a dedication to personal attention and accessibility are key to establishing and maintaining strong relationships.

We strive to live up to these principles every day, and consider it important measures of our success that many of our clients have been with us for decades, and that both our clients and our peers consider us to be a dependable ally and a reliable advocate.

 

Robert van Galen

Robert van Galen specialises in insolvency law, in particular international insolvency law and international restructurings. He is admitted to the bar of the Supreme Court of the Netherlands.

He has been involved in most recent international restructurings and bankruptcies in the Netherlands, such as Kroymans, Schoeller Arca Systems, Amtel-Vredestein, Fokker, Global Telesystems Europe, UPC, KPNQwest, Yukos and Lehman. He is an active and creative litigator, involved in many proceedings in all courts of the Netherlands, including the Supreme Court. Robert is president of the Dutch association of insolvency lawyers, Insolad. He is president of INSOL Europe. Robert is one of the editors of one of the leading Dutch legal magazines (Ondernemingsrecht) and the president of Amsterdam’s oldest lawyers society (the Praktizijnssociëteit). Robert is a fellow of the American College of Bankruptcy.

Robert graduated from Amsterdam University in 1984. He joined NautaDutilh in 1985 and became partner in 1994. Robert is chairman of the Restructuring & Insolvency Team.

 

NautaDutilh:

Meeting the legal challenges of our clients and contributing to the success of their business is our primary purpose. We do this by not only providing top legal advice and excellent services, but by focussing on their specific needs, communicating openly and being approachable.

For our clients, we continuously keep our knowledge of their markets and sectors up-to-date. We are therefore able to oversee new developments and their legal impact rapidly. Our multidisciplinary teams combine sector knowledge with the highest level of legal expertise. Because our portfolio of services is unsurpassed in its breadth and depth, we offer business solutions to every legal challenge. We value the partnerships we have with our clients, some of which have existed for more than 100 years.

We are one of the largest, independent and international law firms in Europe and firmly rooted in the jurisdictions of Belgium, Luxembourg and The Netherlands. Thanks to our close and long-standing relationships with other leading law firms around the globe, we always have the most qualified lawyers at hand.

 

Insolvency Law Practice:

NautaDutilh has leading teams in the fields of Banking & Finance, Insolvency and Litigation. A combination that has made NautaDutilh unique as an adviser in restructuring and insolvency situations.

NautaDutilh assists large national and international financial institutions and their executive management, board directors, official receivers, private equity companies, as well as investment institutions and various other private and public institutions.

International cases and a specialised network
With home bases in Belgium, the Netherlands and Luxembourg, we are in a more favourable position than most to do international business. We supervise proceedings for all forms of regulation and all competent judicial bodies. We have done so for decades, working with a select network of the best specialists in independent law firms throughout the world.

Our team of 27 Benelux insolvency specialists is led by Robert van Galen. He is a Fellow of the American College of Bankruptcy, president of INSOL Europe, chairman of INSOLAD (the Dutch Association of Insolvency Practitioners) and a highly experienced litigator who also represents clients in the Dutch Supreme Court. His team is highly regarded in the profession for the pioneering court cases resulting from the bankruptcy of Yukos and the Dutch branch of Lehman Brothers, and the restructuring of Kroymans and Endemol.

 

Theodore Katsas

Born 1972; Lawyer of Athens Court of Appeals; admitted to Athens Bar in 1999
Education:
– Dr. Jur. – Humboldt University of Berlin (Germany);
– Mediator – Tulane Law School New Orleans/Institut für Anwaltschaftsrecht HU-Berlin
– LL.M. – Humboldt University of Berlin (Germany)
– Law Degree – Athens University Law School (Greece)
Languages:
– Greek
– German
– French
– English
Academic curriculum:
– Lecturer of Commercial and Business Law at the Demokritus University Law School – Greece (2009-to date);
Memberships:
– Association of Greek Commercial Lawyers, Member of the A.E.D.B.F. Greece, Member of the Macedonian Association of Commercial Law.
Areas of expertise:
– Contract Law
– Company and Insolvency Law
– Securities Law