Insolvency in New York
230 Park Avenue Suite 1130, New York, 10169-0079
Duane Morris' New York (Broadway) location provides a diverse range of services to domestic and international clients ranging from large multinational corporations to closely held entrepreneurial businesses. The firm maintains one of its largest contingents of attorneys in New York to better serve its clients operating within the many global industries (including financial services and insurance) that conduct business in the world's financial center. In February 2020, Duane Morris combined with Satterlee Stephens LLP, giving the firm a Park Avenue location, further strengthening its already robust NYC presence on Broadway.
Range of Services
Corporate, Securities, Mergers and Acquisitions
Members of the Corporate Practice Group advise clients in connection with mergers and acquisitions, public and private offerings of equity and debt securities, corporate finance, corporate compliance, corporate governance and taxation. The attorneys have experience in negotiated acquisitions and divestitures, and defense against takeover attempts. Duane Morris lawyers regularly represent international clients in both domestic and cross-border transactions. The firm has experience with venture capital and private equity transactions, and works with many clients in developing and implementing creative strategies to accomplish their corporate finance and acquisition objectives.
Duane Morris also represents clients in a wide range of securities matters, including public offerings of debt or equity securities, as well as private offerings ranging from start-up financings and bridge offerings prior to initial public offerings to major placements of private limited partnerships or limited liability companies. The firm's attorneys represent clients in a myriad of securities offerings and regularly advise public companies on compliance with ongoing reporting obligations and other securities laws, including Sarbanes-Oxley Act compliance.
Business Reorganization and Financial Restructuring
Lawyers in the Business Reorganization and Financial Restructuring Practice Group work in tandem with each client, whether lender or other creditor, debtor, trustee or creditors' committee, to determine the best strategy for deriving maximum value from a troubled entity while simultaneously seeking to meet each client's goals. Clients draw on the firm's extensive reorganization experience as one of the most active bankruptcy practices in the United States with a national team of dozens of Duane Morris bankruptcy lawyers in numerous jurisdictions.
Complex Litigation and Alternative Dispute Resolution
Lawyers in Duane Morris' Trial Practice Group represent clients in all types of complex commercial litigation, from inception through trial and appeal. Duane Morris litigators are experienced in an array of areas, including securities, antitrust, intellectual property, environmental and real estate disputes. Members of the Trial Practice Group work closely with the firm's corporate and bankruptcy lawyers and often represent financial institutions. The firm's attorneys have represented numerous international and national manufacturers in all forms of products liability and toxic tort litigation, including defense of product class actions, serving as national coordinating counsel, lead counsel, regional counsel or local counsel. Duane Morris also represents both individuals and corporations facing federal and state allegations of criminal conduct, including fraud, environmental crimes, securities violations, RICO violations, trade espionage and a variety of business-related offenses. In addition to representing clients in U.S. forums and before international tribunals, the firm also provides counsel on settling disputes without conventional litigation by using alternative dispute resolution and advises on methods to anticipate and avoid litigation.
The New York office of Duane Morris is the national headquarters of the firm's Financial Markets practice, a combination of the Trial and Corporate attorneys who represent securities, futures and derivatives firms, capital markets, institutional lenders, commercial lenders, clearing firms and individual professionals in these industries including broker-dealers, futures commission merchants, investment advisers, portfolio managers, commodity pool operators and advisors, and floor traders. Duane Morris provides start-up services, assisting clients in registration and formation. The firm also counsels clients regarding regulatory compliance and enforcement, managed investment programs and products offerings, criminal investigations and related arbitration and litigation, and strategic business planning. Duane Morris attorneys focus on problem prevention, including comprehensive reviews of clients' existing policies and procedures, and regulatory-style examinations to detect inappropriate practices and help clients prepare for compliance audits.
Intellectual Property and IP Litigation
Duane Morris' intellectual property (IP) lawyers recognize the importance of clients' intellectual capital to the success of their businesses and understand how to uphold IP rights to increase opportunities for clients to enhance market share. Members of the firm's IP practice have played pivotal roles in the development of IP law and their ranks include highly trained patent attorneys with backgrounds in biosciences, materials, chemicals, polymers, electronics and telecommunications. Their experience includes trademarks and copyrights, patents, licensing agreements and brand protection, domestic and international.
Duane Morris lawyers have substantial experience across the U.S. in all areas of IP litigation, including jury trial experience on behalf of IP owners and accused infringers in patent, trademark, trade dress, copyright and trade secret cases. The firm's IP attorneys have also represented clients in mediation, arbitration, inter partes proceedings before the U.S. Patent and Trademark Office, and before appellate courts concerning IP matters.
White-Collar Criminal Litigation
Duane Morris counsels both individuals and corporations facing federal and state allegations of criminal conduct. The firm's lawyers advise clients accused of Medicare/Medicaid fraud and abuse, environmental crimes, securities violations, criminal tax fraud, fraud in government procurement, RICO violations, trade espionage and a variety of business-related offenses. Duane Morris attorneys also have extensive experience leading internal investigations.
Public, Project and Structured Finance
Duane Morris attorneys represent clients in numerous types of transactions covering nearly every aspect of municipal, project and structured finance transactions. The firm's lawyers have extensive experience with financings involving corporations and financial institutions on a regional, national and international level. Duane Morris public finance attorneys represent national and regional investment banking firms underwriting tax-exempt and taxable state and local government debt, act as bond counsel and special tax counsel for issuers and represent domestic and foreign institutions providing credit enhancement for tax-exempt financing. The firm's project and structured finance attorneys represent clients in securitized and syndicated loans, participating and convertible loans, mezzanine and other hybrid loans and credit lease, synthetic lease and government lease financings.
Duane Morris' real estate attorneys represent a broad range of high-profile institutional and individual clients in all aspects of real estate transactions and related matters. The Real Estate Practice Group handles real estate acquisitions and dispositions, financings, workouts and restructurings, development and leasing, land use and zoning issues.
Duane Morris' Construction Group has extensive experience in handling both transaction and litigation issues that arise in the design, development, financing, performance, management and close-out of major private, public and public-private partnership construction projects. The firm's representations include public and private owners and developers, construction managers, prime contractors, subcontractors, equipment suppliers, architects, engineers and other design professionals as well as sureties on a multitude of project segments (industrial, utility, energy, commercial and green building/sustainable projects) and a wide range of delivery systems (design-bid-build, design-build, CM and PPP) and on emerging technologies, such as BIM.
Insurance and Reinsurance Law
Industry publications have recognized Duane Morris as having one of the top Insurance practices in the United States. Attorneys in the Insurance and Reinsurance Practice Group have been engaged in representations of insurance industry interests for many years, having served as counsel to numerous property/casualty insurance companies, life insurance companies, reinsurance companies, HMOs and PPOs, rating bureaus, captive insurers offshore, and alternative market entities and guaranty associations. The firm has also represented underwriters of public offerings of insurance securities.
Duane Morris' background in the industry contributes to the firm's ability to address client concerns effectively. Duane Morris attorneys have an in-depth understanding of actuarial, underwriting and policy coverage matters affecting the business and legal issues of insurance industry clients. The firm has handled matters affecting financial examinations, market conduct examinations and other regulatory issues as well as general corporate matters.
Duane Morris' International Practice Group integrates the services of attorneys from various disciplines who practice around the world, creating a global infrastructure of not only international experience, but also enhanced sensitivity to cultural differences. In the area of international trade regulation, the firm provides advice regarding domestic and international regulatory and commercial aspects of trade in goods and services, including product labeling and other domestic and foreign regulations that affect imports and exports. The firm's lawyers regularly counsel companies with international operations in a wide variety of cross-border transactional matters and represent clients from all over the world with business and investment interests around the globe.
Employment Law and Management Labor Relations
Duane Morris' lawyers represent employers of all sizes in a broad spectrum of labor and employment matters, including equal employment opportunity compliance and litigation, statutory compliance and litigation defense and employment termination. The firm's attorneys provide a full range of labor relations services, representing clients in union-organizing campaigns, proceedings before the National Labor Relations Board, negotiations of labor contracts and disputes over labor contract provisions. The group assists employers in protecting their proprietary information and in enforcing noncompetition and nonsolicitation agreements. Duane Morris lawyers emphasize policies to prevent employment problems through problem prevention programs and services, including seminars and workshops, customized training programs and employment practice audits.
Energy, Environment and Resources
Duane Morris energy attorneys assist clients with advisory, regulatory, litigation and legislative matters involving water, natural resources, energy and environmental issues. These attorneys are frequently called upon to counsel clients with respect to their interactions with federal, state and municipal authorities as well as with industry participants. To better focus the firm's energy industry experience, the firm has established national groups concentrating on Nuclear as well as Renewable Energy and Sustainability. The groups include lawyers throughout the country in a cross-cutting team with the ability to represent the firm's clients from the inception of a project, including intellectual property; in the permitting stage, often by addressing construction claims; and in later stages regarding matters of a corporate nature. Our attorneys have been involved in multibillion-dollar transactions and successfully litigated significant cases before agencies and courts on complex regulatory issues. Representative transactions include mergers and acquisitions, capital market transactions, international joint ventures, real estate and environmental issues, project finance and both secured and unsecured lending arrangements.
In one of the most regulated industries in the United States, Duane Morris' healthcare attorneys provide innovative solutions to assist healthcare providers in protecting their assets and increasing their overall profitability while remaining compliant with federal and state laws and regulations. The firm's healthcare clients benefit from one of the most experienced healthcare practice groups in the country. Duane Morris advises a wide range of healthcare organizations, hospitals and clinical professionals in regulatory and corporate matters, contract and commercial litigation, labor and employment, real estate, compliance, managed care, credentialing, reimbursement and taxation issues. When the uncertainty that characterizes the healthcare system spills over into legal disputes, Duane Morris lawyers represent clients in courts, arbitration and mediation sessions, and administrative proceedings.
Information Technology and Telecommunications
Duane Morris has assembled a dedicated group of attorneys possessing specific industry knowledge and interdisciplinary skills to address the transactional, finance, regulatory and dispute resolution aspects of structuring and implementing a wide range of information technologies and telecommunications projects.
Private Client Services
Duane Morris' Private Client Services Practice Group represents a broad range of closely held business owners and other high net worth individuals with respect to their personal and professional planning. The firm provides estates, trusts, asset planning and related litigation services to individuals, business owners, charitable organizations and fiduciaries. The Private Client Services attorneys have significant experience in the settlement of decedents' estates, fiduciary income tax matters, administration of trusts and counseling on family matters. Throughout each relationship with clients, Duane Morris attorneys work to minimize tax exposure and implement creative strategies to preserve capital and transfer resources within the client's family and to next generations. The firm also provides all aspects of fiduciary litigation services related to probate, trust and guardianship administration.
Members of the Duane Morris Tax Practice Group are an integral part of the firm's transactional practice. Tax attorneys work closely with the firm's corporate and finance lawyers to structure and effectuate complex transactions from a tax perspective. Duane Morris represent business enterprises operating as corporations, partnerships or limited liability companies, advising both foreign-owned and U.S.-based multinationals on international and domestic acquisitions and reorganizations, as well as providing federal, state and local tax counsel. Many of the firm's lawyers are frequently sought out to publish and speak to groups of professionals and laypersons alike and serve as consultants in their fields to other professional advisors.
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Timothy T. Brock concentrates his practice on corporate restructuring, bankruptcy and insolvency law, and its geographic scope is both national and international. He is experienced in successfully representing virtually all positions in the capital structure of insolvent enterprises and in providing broad support to the firm’s transactional practices. Mr. Brock’s wide variety of clients has included: lenders such as hedge funds, insurance companies, commercial banks and other institutional players; statutory committees of creditors and equity security holders; debtors-in-possession; insolvency investors such as high-yield mutual funds; foreign office-holders (in cross-border cases, mostly as recognized foreign representatives under Chapter 15 of the Bankruptcy Code); indenture trustees; bankruptcy trustees; a credit-rating agency; and acquirers of distressed businesses and assets.
Mr. Brock’s experience includes engagement in numerous notable and complex restructuring matters, including those affecting companies in real estate development, equipment leasing, retail, transportation, energy, entertainment, professional services, professional sports, publishing, resort management, travel, financial services and manufacturing. Mr. Brock has been engaged in numerous cross-border and international insolvency matters involving the United States and foreign jurisdictions including England, Canada, Argentina, Bermuda, Germany, Cayman, Dominican Republic, Panama, Uruguay, Barbados, Paraguay, Bahamas and Japan. Additionally, from 1996 until 2002, Mr. Brock was appointed to oversee the liquidation of certain assets of the then-largest hedge fund ever subject to Chapter 11 bankruptcy proceedings, the Granite Funds, in the capacity of an independent member of the post-confirmation Litigation Advisory Board.
Mr. Brock is a frequent participant in complex mediations, and has been appointed to the Registry of Mediators for the Southern District of New York. By order of the U.S. Bankruptcy Court for the Southern District of New York, he has been selected as a mediator in the Lehman bankruptcy cases and has been assigned to handle dozens of those disputes. His mediation training includes the acclaimed Joint ABI & St. John’s University Law School 40-Hour Mediation Training Program.
Areas of Practice
- Business Insolvency, Restructuring & Creditors' Rights
- Litigation and Dispute Resolution