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Morris, Manning & Martin, LLP

Bonnie Y. Hochman Rothell

Bonnie Y. Hochman Rothell

Partner

Expertise

  • Commercial Finance
  • Creditors' Rights & Bankruptcy
  • Cybersecurity & Privacy
  • Employment

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member
Profile
Bonnie Hochman Rothell is the Chair of the Litigation Practice at Morris, Manning & Martin, LLP and serves on the firm’s Executive and Management Committees. Ms. Hochman Rothell has first chaired hundreds of litigation matters throughout the U.S. and has prosecuted and defended appeals to the United States Supreme Court. Her clients include banks and institutional lenders, developers, holding companies, government agencies, public housing authorities, government contractors, entrepreneurs, commercial enterprises, foreign corporations, and individuals.

Ms. Hochman Rothell has unique expertise in matters involving HUD, Fannie Mae, USDA, GNMA and Freddie Mac and private lending and mortgage originating and servicing and her advice and guidance is often sought prior to litigation in an effort to engage in risk management strategies and litigation avoidance. She has handled numerous creditors’ rights, lender liability types of claims, construction disputes and has extensive experience with defaulted loans, including the FHA assignment process.

Ms. Hochman Rothell also has extensive experience with bankruptcy and creditor’s rights matters. She has represented lenders, borrowers, and buyers in the area of bankruptcy and workouts and is called upon frequently to assist in avoiding defaults as well as handling defaulted loans. She has handled numerous foreclosures. She regularly represents creditors in state court, bankruptcy court and federal district court and routinely conducts complex workouts and represents creditors in bankruptcy courts nationwide.

Ms. Hochman Rothell’s experience representing financial institutions extends to areas of corporate governance, audits, and compliance matters. She has handled enforcement proceedings and been involved with internal and external investigations. She has represented clients in connection with investigative and regulatory matters before the Office of the Inspector General (OIG) of the United States Department of Housing and Urban Development (HUD), the Financial Industry Regulatory Authority (FINRA), the Department of Labor (DOL), the Office of Comptroller of the Currency (OCC), the Equal Employment Opportunity Commission (EEOC), and the Federal Deposit Insurance Corporation (FDIC) with respect to lending and servicing practices.

Ms. Hochman Rothell’s practice involves a broad range of disputes derived from employment relationship issues and complex discrimination and harassment matters before the EEOC, and state and local agencies through appeal. These matters have involved representation of employers and employees in race, gender, religion, national origin, age, disability, and other discrimination matters. She has also handled several high profile sexual harassment and whistle-blowing cases, as well as disputes pertaining to covenants-not-to-compete, unfair trade and contractual matters.

In addition to an active litigation practice, Ms. Hochman Rothell has been retained to mediate disputes and has served as an expert witness in employment matters. Ms. Hochman Rothell has been actively involved in numerous pro bono pursuits and has served on various boards and commissions. She is passionate about attracting alternative dispute resolutions to complex problems.

Representative Experience:

- Represented secured lenders in bankruptcy proceedings relating to a portfolio of nursing homes.

- Defended against over $90M in lender liability and tortious interference claims and successfully pursued counterclaims on behalf of a secured lender, Deutsche Bank Berkshire Mortgage, in an adversary proceeding brought in the borrower’s bankruptcy proceedings which were ultimately removed to the United States District Court.

- Represented public housing authority in connection with litigation involving HUD’s Section 8 Housing Choice Voucher Program.

- Represented numerous secured lenders in a variety of complex FHA construction loan matters throughout the country.

- Represented numerous secured lenders in a variety of creditors’ rights and lender liability matters throughout the country.

- Represented a female professor in EEOC claims against the Catholic University relating to her denial of tenure.

- Represented a pension law specialist in discrimination and retaliation claims against the Department of Labor.

- Represented the chief financial officer of a hospital in a qui tam action and retaliation claims.

- Represented numerous developers and project owners in connection with enforcement and compliance matters with the United States Department of Housing and Urban Development.

- Represented secured lenders and servicers in connection with appointments of receiverships in various states as well as numerous foreclosure actions.

- Successfully defended against lender liability, tortious interference, breach of fiduciary duty and implied covenants of good faith and fair dealing, conspiracy, retaliation and other statutory claims and awarded affirmative relief on behalf of CW Capital LLC, CW Capital Asset Management, LLC and CW Capital Investments LLC in consolidated cases brought in the United States District Court for the District of Connecticut.

- Represented major investment management company in turn around and acquisition of title of multistate, multi office building collateral securing $100M Note.

- Represented secured lender in connection with $120M HUD construction loan and relating litigation and lien actions.

- Represented lender in dismissal of claims of negligence, misrepresentation and fraud in its denial of making a loan which case was appealed to the Ninth Circuit and the United States Supreme Court.

- Represented lender in dismissal of claims asserting an oral modification of loan documents and other lender liability claims which case was appealed to the Sixth Circuit and the United States Supreme Court.

- Represented numerous secured lenders in condemnation and eminent domain proceedings.

- Represented numerous financial institutions in defending against ADA and EEOC claims.

Bar Admissions

District of Columbia, 1989
Maryland, 1988
U.S. Supreme Court
U.S. District Court for the District of Columbia and Maryland
U.S. District Court for the Western District Court of Texas
U.S. Bankruptcy Court for the District of Columbia and Maryland
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Second Circuit, Fourth Circuit, Sixth Circuit, Ninth Circuit
U.S. Court of Appeals for the Federal Circuit

Education

University of Miami School of Law, J.D., cum laude, 1988
Brandeis University, B.A., with honors, 1985
Areas of Practice

Commercial Finance | Creditors' Rights & Bankruptcy | Cybersecurity & Privacy | Employment | Healthcare Litigation | Litigation | Real Estate

Professional Career

Professional Associations

Maryland Bankers Association
National Multifamily Housing Counsel
Mortgage Bankers Association
American Bankruptcy Institute
Defense Research Institute
Lawyers Committee for Civil Rights


Seminars

MBA’s Commercial/Multifamily Servicing & Technology Conference 2019, Session: Construction Servicing and the Risks Involved, May 15, 2019, Los Angeles, LA
MBA's CREF/Multifamily Housing Convention & Expo 2015, Session: FHA Committee Meeting-Hot Topics Panel, February 1-4, 2015, San Diego, CA
Trigild Spring Lenders Conference, April 22-23, 2015, Dallas, TX
MBA’s Commercial/Multifamily Servicing & Technology Conference 2015, Session: Small and Affordable Housing Loans, May 3-6, 2015, Boston, MA
National Law Journal’s 2nd Annual Crisis Mitigation Summit, April 29, 2014, Washington, D.C.
MBA’s Commercial/Multifamily Servicing & Technology Conference 2014, Session: FHA Multifamily Transformation, May 4-7, 2014, New Orleans, LA
Articles

“FHA to the Rescue,” CCIM Institute, May/June 2019 (Bonnie Y. Hochman Rothell and Jessica A. Rodriguez)
“Real Estate Cases to Watch in 2015,” Law360 (New York), January 2, 2015 (Bonnie Y. Hochman Rothell quoted on Disparate Impact case before the Supreme Court)
“Good News for Unionized Healthcare Facilities in Bankruptcy,” Healthcare Finance, March 5, 2015 (Bonnie Y. Hochman Rothell and Jessica A. Pillars)
“Thorny Issues For Courts: Disparate Impact Under FHA,” Law360 (New York), December 22, 2014 (Bonnie Y. Hochman Rothell and Kelly A. Van Voorhis)


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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