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Diversity & Community Services Mosaics Newsletter: Summer 2014
Adam Rogoff focuses his practice on complex transactional, litigation and advisory work relating to restructuring, Chapter 11 bankruptcy cases, “pre-packaged” Chapter 11 cases and out-of-court workouts. He has extensive experience representing a broad range of corporate debtors, official and ad hoc creditors’ committees, secured creditors (including DIP lenders) and other significant parties in Chapter 11 restructurings and out-of-court workouts. Mr. Rogoff’s company-side clients include healthcare providers, including acute-care hospitals; manufacturers, notably in steel, alcohol and metals mining; international shippers (including dry-bulk and tankers); national retailers and service providers, particularly in the airline and hotel industries. Mr. Rogoff is presently representing a large New York City acute-care community-based teaching hospital in its complex financial and operational restructuring. He is also presently advising the Board of a metropolitan specialty care children's hospital and rehabilitation facility. His other recent debtor engagements include advising Genco Shipping & Trading Ltd. and 57 affiliates in their contested prepackaged Chapter 11 cases in which the Company successfully converted over $1.2 billion of secured and unsecured debt into equity, raised $100 million of new equity, and restructured two other secured term loan facilities. Prior debtor engagements include General Maritime Corporation and related entities, as well as Saint Vincent Catholic Medical Centers (including the historic New York City acute-care hospital) and related entities, including the nursing and rehabilitation homes and the behavioral health hospital, as debtors in possession in their Chapter 11 cases. He was also debtors’ counsel in In re Bayonne Medical Center, a community acute-care hospital located in Bayonne, New Jersey; In re Lodgian Inc., et al.; In re Casual Male Corp., et al. and Work ‘n Gear; and In re Bradlees Stores, Inc., et al. A few of Mr. Rogoff’s other numerous debtor representations include In re The Grand Union Company; In re Just For Feet, Inc.; In re Crowley Milner and In Re Steinbach Stores; In re Best Products Co., Inc.; In re G. Heileman Brewing Co., Inc.; In re Metallurg Inc.; In re R.H. Macy & Co., Inc.; In re The Drexel Burnham Lambert Group, Inc.; In re Conran’s Habitat; and In re Ionosphere Clubs, Inc. (Eastern Airlines). He also advised Northwest Airlines Corporation and its affiliates in the planning of their Chapter 11 cases. He has been lead debtor’s counsel in numerous cases located in courts throughout the United States, including New Jersey, Michigan, Virginia, New York and Delaware. Mr. Rogoff's representations include various official unsecured creditors’ committees, including the Official Committee of Unsecured Creditors of Patriot Coal Corporation and its affiliates, In re General Motors Corp. and In re Chrysler LLC. He represented the Committee of Ad Hoc Unsecured Creditors of K’s Merchandise Mart in an out-of-court restructuring. He has also represented numerous creditors and other non-debtor parties, including The Renco Group in connection with the Chapter 11 restructuring of its subsidiary, WCI Steel, Inc. He has represented secured, undersecured and unsecured creditors, as well as DIP lenders, in, among other matters, In re Iron Age Corp., In re American Business Financial Services, In re DVI Inc., Wilsons — The Leather Experts (an out-of-court restructuring), In re Renaissance Cosmetics, Inc., In re The Wiz, In re Plymouth Lamston Stores Corporation, In re Sage-Dey, Inc., In re Coleco Industries, Inc. and In re Edgell Communications, Inc. Mr. Rogoff also represented the State of Vermont Department of Public Service as regulator of FairPoint Communications in all aspects of the utilities’ Chapter 11 cases. Mr. Rogoff has advised purchasers of substantially all of a Chapter 11 debtor’s assets, including the acquiror of the assets of Airways, Inc., MobileAira (a subsidiary of Delphi), Norstan Apparel, Jacobson Stores, Today’s Man and Filene’s Basement. He has also been involved in extensive distressed real estate acquisitions, including such cases as Service Merchandise. Mr. Rogoff was part of the team that defended Merrill Lynch & Co. and affiliates against significant litigation claims brought in the landmark Chapter 9 municipal bankruptcy case filed by Orange County, California. He has extensive experience under the Securities Investor Protection Act, having represented the SIPA trustee in the SIPA liquidation of Stratton Oakmont, Inc.
Mr. Rogoff has substantial international experience, representing foreign representatives in ancillary proceedings, including the Trustee in In re Terence R. Ramsden (a high-profile personal insolvency in the United Kingdom, which involved investigating and recovering assets being sheltered in the United States) and the Administrators in TXU Europe. With substantial experience in international financial restructuring, Mr. Rogoff’s other clients have included Goldman Sachs (Japan), The World Bank and the Government of Slovakia.
Mr. Rogoff is a member of the Turnaround Management Association, and is a frequent speaker, at both domestic and international conferences and meetings. He is the author of numerous articles and books on bankruptcy matters. Mr. Rogoff is a member of the LexisNexis Advisory Board and assisted in the development of the newly-published Collier Guide to Chapter 11, in which he authored the chapter on hospital and health care businesses in Chapter 11. He is the general editor and co-author of the Collier International Business Insolvency Guide, serves as a contributing author to Collier on Bankruptcy and Collier Bankruptcy Manual and is an editorial board member of and frequent contributor to The Bankruptcy Strategist. He is on the advisory board of, and a regular contributor to, Law360’s expert series on bankruptcy matters. Additionally, he is a participant and lecturer for INSOL, one of the world’s largest international insolvency organizations.
Mr. Rogoff’s outstanding record led Global Insolvency & Restructuring Review to name him one of its “Top 40 under 40” global insolvency practitioners in 2000. He has been recognized by Chambers USA (2012-2014) and Legal 500 US (2010 and 2011) as a leading lawyer and named to Super Lawyers of New York (2006‑2013). He is listed as a leading lawyer in Practical Law Company’s Restructuring and Insolvency Multi-jurisdictional Guide and the PLC Which Lawyer? online directory guide and is highly recommended in PLC’s Cross-border Restructuring and Insolvency Handbook. He received the 2005 Burton Award for Legal Writing for his co-authored article in the New York Law Journal, “China Takes Active Steps Towards Reform.”