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Lowenstein Sandler LLP

Michael S. Etkin

Michael S. Etkin

Partner

Expertise

  • Bankruptcy, Financial Reorganization & Creditors’ Rights
  • Business Litigation
  • Bankruptcy, Financial Reorganization & Creditors' Rights
  • Class Action Litigation

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member

Lowenstein Sandler LLP
New Jersey, U.S.A.

Profile

A senior bankruptcy practitioner and seasoned commercial litigator, Mickey brings significant experience to his practice, which focuses on complex business reorganizations, investor litigation in a bankruptcy context, and high-stakes Chapter 11 issues. Mickey is consistently recognized by Chambers USA as "a strong lawyer," "brilliant," "fantastic," "very plugged in," and "instrumental in providing tactical advice," noting his skill in "anticipating all the key issues that are likely to arise." Clients have commended his "technical knowledge, attention to detail, and honest and straightforward legal advice."

A key member of the firm's successful bankruptcy and complex business litigation practices, Mickey has represented debtors, trustees, creditors, and investors in a variety of noteworthy bankruptcies and bankruptcy-related litigation. He currently represents a number of institutional shareholder and investor interests in several large and complex Chapter 11 and Chapter 15 proceedings, including cross-border insolvencies, such as Performance Sports Group, Sino-Forest, Pacific Gas & Electric, Windstream, Odebrecht, Aegean Marine Petroleum Network, Synergy Pharmaceuticals, Orexigen Therapeutics, Adeptus Health, Novation/NovaStar, Fisker Automotive, SandRidge Energy, Lehman Brothers, and SFX Entertainment, among others. On the consumer front, he currently represents consumer interests in the Cambridge Analytica, Think Finance and 21st Century Oncology bankruptcy proceedings. He also represents debtors and purchasers in acquisitions of assets of Chapter 11 and Chapter 7 bankruptcy estates.

In addition, Mickey represents major energy companies in connection with bankruptcy proceedings involving their customers and counterparties. He has been invited to speak before financial institutions, bar association groups, and credit associations regarding the rights of counterparties to derivatives and other energy-related contracts in a bankruptcy context, including cutting-edge issues emerging from the Lehman Brothers Chapter 11 and SIPC proceedings. Mickey also is routinely asked to speak at programs discussing the rights of securities fraud claimants and class action plaintiffs in a Chapter 11 context and on the interplay between bankruptcy law and product liability litigation.

Bar Admissions

    New York
    New Jersey

Education

St. John's University School of Law (J.D. 1978), with honors
Boston University (B.S. 1975), cum laude
Areas of Practice

Bankruptcy, Financial Reorganization & Creditors' Rights | Bankruptcy, Financial Reorganization & Creditors’ Rights | Business Litigation | Class Action Litigation | Commercial & Business Litigation

Professional Career

Significant Accomplishments

Speaking Engagements

Michael S. Etkin will present "Anatomy of an Energy Company Chapter 11 Case" to the annual conference. The program will discuss the significant events occurring in an actual Chapter 11 case in the energy industry from inception to plan confirmation.

Michael Etkin will present on a panel discussing "The Art of Successful Negotiation" at the IECA's 2017 Spring Conference. The presentation will focus on steps to consider and helpful hints to plan and conduct a successful negotiation. Michael will bring the perspective of a restructuring and litigation professional to the program.

Session #1
April 15, 2020
2:00 – 3:00 PM Eastern

Preparing For a Potential Bankruptcy Storm: Issues Credit Professionals Need To Know

Description:
Part I of this program will explore the early warning signs of counterparty distress, steps to consider taking before bankruptcy to protect your position and an overview of the bankruptcy process.

Session #2
April 22, 2020
2:00 – 3:00 PM Eastern

Overview of Recent Federal Economic Funding Support Programs and Thinking Strategically When Your Counterparty Files For Bankruptcy Protection

Description:
Part II of the Program will examine bankruptcy strategies to maximize your position and minimize loss as well as the various federal programs that have been enacted and what they mean to you.

Speakers:

  • Mickey Etkin, Lowenstein Sandler LLP
  • Francis Lawall, Pepper Hamilton LLP
  • Phil Lookadoo, Haynes and Boone, LLP
  • Jeremy Weinstein, Law Office of Jeremy Weinstein


CE Information:

Pending.



Professional Associations

International Energy Credit Association

Articles

When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox
Lowenstein Sandler LLP, April 2020

When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the current environment...

Fisker Decision Further Demonstrates that Section 510(b) Subordination of Investor Claims Is Not Absolute
Lowenstein Sandler LLP, May 2017

When a company files for bankruptcy protection, it is often the case that insufficient value is realized to satisfy all claims against the company. Because the creditors of a bankrupt company generally must be paid in full before its equity holders recover at all, shareholders typically receive no distribution on account of their equity interests in the bankrupt company...

Additional Articles

    Automatic Stay Doctrine Applies to Certain Related Nondebtors, February 5, 2001
    Fisker Decision Further Demonstrates that Section 510(b) Subordination of Investor Claims Is Not Absolute, May 8, 2017
    Sparks Continue to Fly – Electricity is not Eligible for Section 503(b)(9) Status and Other Shocking Developments, January 2014
    Third-Party Releases? – Not So Fast! Changing Trends and Heightened Scrutiny, 2015
    Where to Litigate: Litigation Forum Choices in a Bankruptcy Proceeding, April 1, 2005

Blogs

Big Thoughts/Quick Reads Antitrust Blog
Lowenstein Sandler LLP 

Triggered by current issues or by long-settled issues that we think need to be unsettled and reconsidered

Capital Markets Litigation
Lowenstein Sandler LLP 

Litigation News for the Global Financial Community

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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