• Adam C. Rogoff provides senior corporate governance advice to boards and C-level executive management in all aspects of restructuring, whether in court or out of court, and also represents significant creditor and other interests in complex restructuring matters. In particular, Adam counsels and represents a diverse range of corporate debtors, directors and sponsors; official and ad hoc creditors’ committees; secured creditors, including debtor-in-possession financing lenders; distressed asset purchasers; and other significant parties in complex transactional, litigation, corporate governance and advisory matters relating to restructuring, Chapter 11 bankruptcy, “prepackaged” Chapter 11 cases and out-of-court workouts.

    Adam is a leading adviser to distressed companies, including directors and sponsors. He has successfully guided companies through nonbankruptcy restructurings. He has also served as lead debtor’s counsel in numerous cases in courts throughout the United States, including Delaware, New Jersey, Michigan, Virginia and New York. His company-side clients include health care providers, including acute care hospitals and skilled nursing providers; consumer products companies; 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.

    Adam’s current out of court company representations include advising a large operator of international franchised quick service restaurants. He is also independent counsel to the board of directors of Cineworld Group Plc in its chapter 11 case. He previously represented a large New York City acute-care, community-based teaching hospital (at the forefront of New York’s COVID-19 response) in its complex financial and operational nonbankruptcy restructuring. Adam’s other prior debtor work includes representing Constellation Enterprises and its subsidiaries (Jorgensen Forge, Commercial Metals, Zero Manufacturing and Columbus Steel Co.) in their Chapter 11 cases, involving going concern sales of the majority of the debtors’ businesses to a group of the debtors’ secured noteholders. Adam also represented St. Vincent’s Hospital, 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; and advised 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. Some of his other prior debtor engagements include Targus (consumer products), General Maritime Corp. and related entities (shipping), Bayonne Medical Center (hospital/health care); Lodgian Inc. (hotels/hospitality), Casual Male Corp. (retail), Bradlees Stores Inc. (retail), Just For Feet Inc. (retail), Best Products Co. Inc. (retail), R.H. Macy & Co. (retail), The Grand Union Co. (supermarket), G. Heileman Brewing Co. Inc. (manufacturing), Metallurg Inc. (mining), The Drexel Burnham Lambert Group Inc. (financial services) and Ionosphere Clubs Inc. (Eastern Airlines).

    Adam also has represented the official unsecured creditors’ committees in some of the largest and most well-known bankruptcies in the country, including the Official Committee of Unsecured Creditors of GenesisCare, Stanadyne/PurePower Technologies, Eagle Hospitality (REIT), Ruby Tuesday Inc., California Pizza Kitchen Inc., Forever 21, Toys “R” Us, NII Holdings Inc. (an international telecommunications company and a leading provider of mobile communication services operating under the Nextel brand in Latin America), the Patriot Coal Corp., General Motors Corp. and Chrysler LLC cases, and the Committee of Ad Hoc Unsecured Creditors of K’s Merchandise Mart in an out-of-court restructuring.

    His work also involves representing key parties in interest, including secured, undersecured and unsecured creditors, as well as debtor-in-possession lenders, including in bankruptcy litigation. His more notable representations include two large automotive manufacturers, Subaru Corp. and Mazda Corp., in connection with the global restructuring of Takata Corp. and its affiliates; the Renco Group, the equity owner and control group, in connection with the Chapter 11 restructuring of WCI Steel Inc.; and the State of Vermont Department of Public Service, as regulator of FairPoint Communications, in all aspects of the utilities’ Chapter 11 cases. He also represented interested parties in the bankruptcies of American Business Financial Services, DVI Inc., Wilsons – The Leather Experts (an out-of-court restructuring), Renaissance Cosmetics Inc., The Wiz, Plymouth Lamston Stores Corp., Sage-Dey Inc., Coleco Industries Inc. and Edgell Communications Inc.

    Among other industry-specific expertise (including retail, dining, real estate and health care), Adam has extensive experience in hotel and hospitality restructurings and bankruptcies, having represented key parties across the capital structure, including (i) owners/operators as debtors/borrowers (e.g., In re Lodgian Inc), (ii) senior secured lenders (e.g., In re 96 Wythe Acquisition/Williamsburg Hotel) and (iii) unsecured creditor committees (e.g., In re Eagle Hospitality). As such, Adam has extensive experience with affiliated and third-party management companies and hotel franchise agreements with global brands that affect the restructuring or sale process.

    Adam has successfully represented various real estate or “hard money lenders” in single asset real estate cases in New York City in which, on behalf of his clients, the lenders successfully prosecuted competing Chapter 11 plans for the sale of the underlying collateral. This includes successfully obtaining the appointment of a Chapter 11 Trustee for “cause” (based on, among other things, fraud and dishonesty) for The Williamsburg Hotel.

    Adam also advises and represents purchasers of substantially all of a Chapter 11 debtor’s assets. He represented the acquirer 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 well-known matters such as Service Merchandise.

    Among his other noteworthy work over the course of his career, Adam was part of the litigation 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, CA. He also has extensive experience under the Securities Investor Protection Act (SIPA), including representing the SIPA trustee in the SIPA liquidation of Stratton Oakmont Inc. (the brokerage firm featured in “The Wolf of Wall Street”).

    In addition to his representation of U.S.-based clients, Adam also 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 that involved investigating and recovering assets being sheltered in the United States, and the administrators in TXU Europe. He maintains a particular focus on international financial restructuring, and his clients have included Goldman Sachs (Japan), The World Bank and the government of Slovakia.

    Chambers USA has recognized Adam as a leading practitioner in bankruptcy and corporate restructuring, quoting sources who say, “He is one of the smartest guys from a technical standpoint. He’s a specialist in work related to our sector, which is a very busy area. He is also very aware of potential areas of risk” (2020). He is not only “well trained and very competent” but also “very effective at getting things done” — “a bulldog [who] fights issues well when needed” (2014) and who possesses a “really impressive level of commitment and intelligence” (2015). His 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 listed multiple times in both Chambers and Legal 500 and named among Leading U.S. Bankruptcy and Restructuring Lawyers by Lawdragon 500 (2021, 2022).

    Adam has contributed extensively to the most important publications in the area of bankruptcy and corporate restructuring. He has served as a member of the LexisNexis Advisory Board. He also assisted in the development of the Collier Guide to Chapter 11, in which he authored the chapter on hospital and health care businesses in Chapter 11. This Guide has now been merged with the Collier Bankruptcy Practice Guide. 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. In 2005, he received the Burton Award for Legal Writing for his co-authored article in the New York Law Journal, “China Takes Active Steps Towards Reform.”

    Experience

    • Cineworld Group plc – Representation of the board of directors of Cineworld Group plc as independent counsel in connection with the Chapter 11 cases of Cineworld Group and its subsidiaries, a leading global cinema operator.

    • Representation of a privately owned middle-market consumer related company in the out of court restructuring of its financial obligations.

    • Constellation and its affiliates – Representation of four separate specialty manufacturing companies in their Chapter 11 cases resulting in a successful sale of the businesses. (manufacturing)

    • Targus – Representation of the global leader in mobile device and accessories solution in its out-of-court restructuring and the holdings companies in their prepackaged Chapter 11 cases. (consumer products and manufacturing)

    • The Brookdale Hospital Medical Center – Representation of a large metropolitan acute-care community-based teaching hospital, in its out-of-court financial and operational restructuring. (hospitals and health care)

    • Genco Shipping & Trading Ltd. – Representation of Genco and 57 affiliates in their contested prepackaged Chapter 11 cases in which the company successfully converted more than $1.2 billion of secured and unsecured debt into equity, raised $100 million of new equity, and restructured two other secured term loan facilities. (shipping)

    • General Maritime Corp. – Representation of one of the largest shipping companies and related entities to ever file bankruptcy, assisting the company in eliminating approximately $600 million of financial debt and $42 million in annual interest expense and in emerging from bankruptcy as a going concern. (shipping)

    • Saint Vincent Catholic Medical Centers – Representation of the hospital system and its related entities as debtors in possession in their Chapter 11 bankruptcy. (hospitals and health care)

    • Bayonne Medical Center – Representation of the community acute-care hospital and largest employer in Bayonne, N.J. in its Chapter 11 bankruptcy, in which the hospital ultimately sold the operations to a joint-venture for-profit buyer, saving it from closure. (hospitals and health care)

    • Lodgian Inc. – Representation of the Atlanta-based hotel owner and operator in its Chapter 11 bankruptcy and financial restructuring. (hotels and hospitality)

    • Northwest Airlines Corp. – Representation of the airline and its affiliates in the planning of their Chapter 11 cases. (airlines)

    • Casual Male Corp. – Representation of the largest specialty retailer of big and tall men’s apparel in its Chapter 11 bankruptcy and sale as a going concern. (retail)

    • Work ’N Gear – Representation of a large U.S. retailer specializing in work apparel, footwear and health care apparel in its Chapter 11 bankruptcy and sale as a going concern. (retail)

    • Bradlees Stores Inc. – Representation of a large chain of discount department stores in its Chapter 11 bankruptcy and orderly liquidation. (retail)

    • The Grand Union Co. – Representation of a large chain of supermarkets and grocery stores in its Chapter 11 bankruptcy and orderly liquidation. (retail)

    • Just For Feet Inc. – Representation of the athletic shoe and sportswear retailer in its Chapter 11 bankruptcy. (retail)

    • Crowley Milner and Steinbach Stores – Representation of regional department stores in their Chapter 11 bankruptcy and orderly liquidation. (retail)

    • Best Products Co. Inc. – Representation of the U.S. catalog showroom retail stores in their Chapter 11 bankruptcy and orderly liquidation. (retail and catalog sales)

    • G. Heileman Brewing Co. Inc. – Representation of the well-known U.S. brewery in its Chapter 11 bankruptcy and sale as a going concern. (manufacturing – alcoholic beverages)

    • Metallurg Inc. – Representation of a leading worldwide producer and supplier of specialty metals, alloys, metal-based chemicals and powders in its Chapter 11 cases. (manufacturing – mining)

    • R.H. Macy & Co. Inc. – Representation of the iconic department store in its Chapter 11 bankruptcy and reorganization. (retail)

    • The Drexel Burnham Lambert Group Inc. – Representation of the major Wall Street investment banking firm and its various businesses in their Chapter 11 bankruptcy. (financial services)

    • Conran’s Habitat – Representation of U.S. operations of Conran’s home-furnishing stores in their Chapter 11 bankruptcy and liquidation. (retail)

    • Ionosphere Clubs Inc. (Eastern Airlines) – Representation of the iconic airline in its Chapter 11 cases. (airlines)

    • GenesisCare – Representation of the official committee of unsecured creditors of GenesisCare, which filed for Chapter 11 protection in the bankruptcy court in the Southern District of Texas, Houston Division, on June 1, 2023.

    • Stanadyne LLC – Representation of the Official Committee of Unsecured Creditors of Stanadyne LLC and its affiliate, PurePower Technologies, a global automotive parts manufacturer, which filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware on February 16, 2023.

    • Eagle Hospitality Trust (Eagle Hospitality Group) – Representation of the Official Committee of Unsecured Creditors of Eagle Hospitality Trust (Eagle Hospitality Group), which filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware on Jan. 18, 2021.

    • RTI Holding Company, LLC (Ruby Tuesday, Inc.) – Representation of the Official Committee of Unsecured Creditors of RTI Holding Company, LLC (Ruby Tuesday, Inc.), which filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware on Oct. 7, 2020.

    • California Pizza Kitchen – Representation of the Official Committee of Unsecured Creditors of California Pizza Kitchen, Inc. and affiliates, which filed for Chapter 11 protection in the United States Bankruptcy Court for the Southern District of Texas on July 30, 2020. 

    • Forever 21 – Representation of the Official Committee of Unsecured Creditors in the bankruptcy cases of Forever 21 and certain of its direct and indirect subsidiaries. The company is an international retailer of “fast fashion” and a well-known brand.

    • Toys “R” Us – Representation of the Official Committee of Unsecured Creditors in the bankruptcy cases of Toys “R” Us Inc. and certain of its direct and indirect subsidiaries. The company is the world’s leading dedicated toy and baby products retailer, with nearly 65,000 employees worldwide and approximately 1,900 locations in 38 countries. Burdened by more than $5 billion of financial debt, the company sought Chapter 11 protection in the U.S. Bankruptcy Court for the Eastern District of Virginia, Richmond Division, on Sept. 18, 2017. The nine-member committee consists of LEGO Systems Inc., Mattel Inc., Huffy Corp., The Bank of New York Mellon, Simon Property Group Inc., KIMCO Realty, Evenflo Co. Inc., Veritiv Operating Co. and Euler Hermes North America Insurance Co.

    • Lombard Westin – Representation of one of the key creditors and "RSA" support parties in the Chapter 11 restructuring of the Westin hotel in the City of Lombard, Illinois, which involved the long-term operational and financial restructuring of the five-star hotel property and its restaurant operations. 

    • Takata Corp. – Representation of Subaru Corp. and Mazda Corp., in the global restructuring of Takata Corp. and its affiliates, including the Chapter 11 cases of TK Holdings Inc. and their debtor-affiliates, and the Japanese Civil Rehabilitation Proceedings for Takata Corp. and certain Japanese subsidiaries. Takata is the airbag inflator supplier at the center of the largest auto supplier recall in history.

    • NII Holdings Inc. – Representation of the Official Committee of Unsecured Creditors in the bankruptcy case of NII Holdings Inc., a leading provider of mobile communication services operating under the Nextel brand in Latin America, which listed approximately $8 billion of debt on its balance sheet at the time it sought Chapter 11.

    • Patriot Coal Corp. – Representation of the Official Committee of Unsecured Creditors in the third-largest bankruptcy of 2012. Patriot Coal Corp. is a leading producer and marketer of coal in the eastern United States.

    • General Motors Corp. – Representation of the Official Committee of Unsecured Creditors of GM, the largest automobile manufacturer in the United States and the second-largest in the world, in the fourth-largest bankruptcy case in history.

    • Chrysler LLC – Representation of the Official Committee of Unsecured Creditors in one of the most important and expedited Chapter 11 restructurings on record, and the seventh-largest bankruptcy in history.

    • K’s Merchandise Mart – Representation of an ad hoc committee of unsecured creditors in an out-of-court restructuring.

    • WCI Steel Inc. – Representation of The Renco Group, holders of $300 million in senior secured notes issued by WCI Steel, the nation’s seventh-largest integrated steelmaker, in connection with the Chapter 11 restructuring of its subsidiary.

    • American Business Financial Services – Representation of a large creditor in the case.

    • DVI Inc. – Representation of a large creditor in the case.

    • Wilsons – The Leather Experts – Representation of an ad hoc committee of bondholders in an out-of-court restructuring.

    • Renaissance Cosmetics Inc. – Representation of the senior secured lender.

    • The Wiz – Representation of a secured lender in the Chapter 11 filing of The Wiz, one of the largest consumer electronics retailers in the Northeast.

    • Plymouth Lamston Stores Corp. – Representation of the senior secured lender.

    • Coleco Industries Inc. – Representation of a major landlord.

    • Edgell Communications Inc. – Representation of the senior secured lender.

    • FairPoint Communications – Representation of the State of Vermont Department of Public Service as regulator.

    • In re 96 Wythe Acquisition (The Williamsburg Hotel) – Representation of secured lender to boutique hotel in its Chapter 11 case, including obtained appointment of a Chapter 11 trustee based upon fraud and misconduct by controlling insiders.

    • In re Wade Park Holdings LLC et al. – Representation of secured lender to the “Wade Park” development real estate property located in Frisco, Texas (“$5 Billion Mile”) including litigation on lender liability claims.

    • In re Ladera LLC – Representation of secured lender to development real estate property located in Harlem (NYC) including multiple bankruptcy litigations with the Debtor and the controlling insider and confirmation of a lender-sponsored Chapter 11 plan.

    • In re BH Sutton Mezz et al. – Representation of secured lender to development real estate property located in Sutton area of Manhattan (NYC), including successfully defeated lender liability adversary proceeding and confirmation of a lender-sponsored Chapter 11 plan.

    • Orange County – Representation of Merrill Lynch & Co. and its affiliates in significant litigation claims brought in the landmark Chapter 9 municipal bankruptcy case.

    • Stratton Oakmont Inc. – Representation of the SIPA trustee in this SIPA liquidation.

    • Airways Inc.

    • MobileAira (a subsidiary of Delphi).

    • Norstan Aparel.

    • Jacobson Stores.

    • Today's Man.

    • Filene's Basement

    • Service Merchandise.

    • Terence R. Ramsden, representing the trustee in a high-profile personal insolvency in the United Kingdom, which involved investigating and recovering assets being sheltered in the United States.

    • TXU Europe, representing the European administrators in the bankruptcy of the European division of TXU Corp.

    Credentials

    Education

    • J.D., New York University School of Law, 1988
      • Order of the Coif
    • B.A., with honors, Northwestern University, 1985

    Bar Admissions

    • New York, 1989

    Court Admissions

    • U.S.C.A., 2nd Circuit
    • U.S.D.C., Eastern District of Michigan
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York

    Professional Affiliations

    • New York City Bar Association, Committee on Corporate Restructuring and Bankruptcy
    • American Bankruptcy Institute
    • INSOL International, Lecturer
    • International Association of Restructuring, Insolvency & Bankruptcy Professionals
    • Turnaround Management Association
    • Law360 Bankruptcy Editorial Advisory Board (2017, 2018)
    • LexisNexis Advisory Board
    • Contributing Author, Collier Guide to Chapter 11 Key Topics and Selected Industries: Health Care Chapter
    • Contributing Author, Collier on Bankruptcy and Collier Bankruptcy Manual
    • Contributing Author, Collier Bankruptcy Practice Guide
    • General Editor, Collier International Business Insolvency Guide
    • Practical Law Company’s Restructuring and Insolvency Multi-jurisdictional Guide Leading Lawyer

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  • Recognition

    2006 – 2023
    Thomson Reuters’ New York Metro Super Lawyers*
    Bankruptcy: Business (2023)
    2021 – 2023
    Lawdragon 500

    Leading U.S. Bankruptcy and Restructuring Lawyers

    Practical Law Company’s Restructuring and Insolvency Multi-jurisdictional Guide Leading Lawyer
    2021
    Acritas Star – Independently Rated Lawyer
    2012-2015
    Chambers and Partners’ Chambers USA
    Leading Lawyer
    2010-2011, 2015-2016
    Legalease’s Legal 500 US
    Leading Lawyer
    2005
    Burton Award, Distinguished Legal Writing
    2000
    Global Insolvency & Restructuring Review “Top 40 Under 40” global insolvency practitioners
    PLC Which Lawyer? Leading Lawyer
    PLC Cross-border Restructuring and Insolvency Handbook, Highly Recommended
    *No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the Super Lawyers selection methodology can be found here.