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Emerging Issues in Workouts & Bankruptcies 2002: What You Need to Know Now!

Author(s): Joseph Samet, John Walshe Murray
Practice Area: Bankruptcy & Restructuring, Corporate & Securities
Published: Jan 2002
PLI Item #: 261
CHB Spine #: A834

Joseph Samet has been a partner and member of Baker & McKenzie's Global Recovery, Restructuring and Bankruptcy Group, residing in the New York office. Mr. Samet retired from the firm in 2015, and still teaches, writes and is available for mediating and expert witness work. Since 1975, Mr. Samet has been immersed in a national and international workouts and restructuring, chapter 11 reorganizations, distressed sales of assets, SIPC and bankruptcy practice, representing all parties in interest. This includes cross-border issues and chapter 15 cases. He also counsels parties in interest and transactional lawyers on potential creditors’ rights/bankruptcy implications of deals, sales, distressed investments and litigation settlements they are considering. His experience includes structured finance, corporate governance, pre- and post-bankruptcy litigation, negotiations and mediation. He counsels on insurance, monolines and bank liquidations, and advises boards of directors. He analyzes executory contract issues, including licenses for businesses in the e-commerce economy, and gives written opinions and analysis in transactions, including in securitizations. His practice has involved diverse commercial businesses, including in manufacturing, financial services, retail, service, airlines, energy, healthcare, real estate, e-commerce, sports and telecommunications. The work includes prosecution and defense of preference, fraudulent conveyance, equitable subordination and substantive consolidation actions, officer/director liability and Ponzi scheme issues, and related litigation. He counsels professional firms and their partners and shareholders on risk management, “unfinished business” and clawback type issues. Mr. Samet has prepared expert reports and testified as an expert witness in jury trials and in an international arbitration. He is on the SDNY bankruptcy court mediation panel and has taken meditation training courses in 1994 and 2015.

Mr. Samet is the principal co-author of the two-volume annotated Herzog’s Bankruptcy Forms and Practice published by Thomson Reuters. He has been a contributing author of Collier on Bankruptcy, 15th Edition, and the Collier Bankruptcy Practice Guide treatises, having written and updated for many years three chapters on voluntary and involuntary bankruptcies totaling approximately 400 printed pages. He has also written or co-authored numerous published articles and outlines in the insolvency field, including on Arbitration and Intellectual Property in Bankruptcy; Breakup Fees and Topping Agreements in Sales of Assets; Multinational Insolvencies; Duties of Officers and Directors and Liability Issues; Unfinished Business; Mediation; Partners and Partnerships; The Basics of Chapter 11 and Chapter 15; and Research Tools. Since 1981, he has chaired, moderated or lectured at over 250 CLE and Industry programs in the U.S. and other countries on pre-bankruptcy restructuring and bankruptcy-related issues, including programs sponsored by organizations such as the National Bankruptcy Judges’ Conference, the Practising Law Institute, The American Bankruptcy Institute, the Commercial Law League, the Turnaround Management Association, and INSOL. He is chair of the annual PLI programs Current Developments in Bankruptcy and Reorganizations 2009-2017, and also Recent Developments in Distressed Debt, Restructurings and Workouts 2008-2017. Mr. Samet was an Associate Conferee of the National Bankruptcy Conference and a member of its Bankruptcy Code Review project. The final report was submitted to the United States Congress in 1994. He has been an Adjunct Professor of Law at Brooklyn Law School, and has served as a member of bankruptcy committees of national and local bar associations.

Mr. Samet has been regularly selected by Super Lawyers as one of the Leading Insolvency and Restructuring Lawyers, the Best Lawyers in America, in Banking and Finance Law, and Who’s Who in America. He received the 2004 Burton Award for Legal Writing at the Library of Congress as co-author of the article entitled “When Worlds Collide: Intellectual Property and Arbitration Rights in Bankruptcy Cases.” Mr. Samet is a member of the American Bankruptcy Institute, the New York State Bar Association, the TMA, the Association of the Bar of the City of New York, and CPR relating to mediation. He has served as a member of the boards of directors of the American Bankruptcy Institute, the Commercial Law League Fund for Public Education and the New York Chapter of the Turnaround Management Association, and is a member of the Steering Committee of the Barry Zaretsky Roundtable at Brooklyn Law School.