Annual Distressed Round Table: Supreme Court Term Wrap-Up

July.30.2020

Orrick’s Restructuring and Supreme Court & Appellate Teams virtually hosted the Annual Distressed Round Table: Supreme Court Term Wrap-Up on July 22, 2020.

Orrick attorneys Kelsi Brown Corkran, Elizabeth Cruikshank, Ron D’Aversa, Robert Loeb, Doug Mintz and Daniel Rubens reviewed the 2019 Supreme Court term with a focus on key issues and cases affecting the financial sector and distressed investors. In the video below, the panelists discussed: the effect of the COVID-19 shutdown on the Court’s operations, the validity of the financial oversight board in Puerto Rico, the constitutionality of the CFPB leadership structure, the automatic bankruptcy stay, the SEC’s power to seek disgorgement of a wrongdoer’s profits, whether Title VII protects employees from discrimination based on sexual orientation and gender identity, and more.

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Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the State of New York. This transitional and non-transitional continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours can be applied toward the areas of professional practice requirement.

Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the State of California. This continuing legal education course has been approved in accordance with the requirements of the State Bar of California for a maximum of 1.5 credit hour, of which 1.5 credit hour can be applied to the general requirement.

Related Lawyers

Raniero D'Aversa Partner, Restructuring, Mergers & Acquisitions

New York

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D:+1 212 506 3715
E: [email protected]

Practice:

Finance Sector
Restructuring
Mergers & Acquisitions

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Raniero D'Aversa Partner

New York

Ron is the designated restructuring counsel to many leading financial institutions such as The Royal Bank of Scotland, Bank of America, Citibank, Commerzbank, Toronto-Dominion Bank and The Bank of Nova Scotia. He has represented clients in bankruptcies, workouts, DIP loans, distressed debt transactions, bankruptcy litigation, derivatives and distressed acquisitions. Ron has represented interests of financial institutions and investors in such restructuring and bankruptcy cases as Ocean Rig, Seadrill, CHC Helicopter, Erickson, Indiana Toll Road, Pocahontas Parkway, Eagle Bulk, Spyglass Films, American Airlines, Republic Airlines, Chemtura Corporation, Quebecor, AbitibiBowater, North Las Vegas, Ritchie Risk-Linked Strategies, Star Diamond, Lehman and Mesa Airlines.

In the Restructuring (Including Bankruptcy): Corporate category of The Legal 500 US directory, Ron’s clients praise his “practical and strategic approach.” Another noted, “Each time I discuss an issue with [him], I am both amazed at his ability to understand my concerns and his complete knowledge of the subject. He puts me at ease and there is never a time that I cannot reach him.” Regarded as a leader in financial restructurings by clients and peers alike, Ron understands every phase of a bankruptcy and restructuring matter and knows how to effectively position a client to control opposition and maximize results.

Robert Loeb Partner, Supreme Court & Appellate, Bankruptcy Litigation

Washington, D.C.

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D:+1 202 339 8475
E: [email protected]

Practice:

Finance Sector
Supreme Court & Appellate
Bankruptcy Litigation
Complex Litigation & Dispute Resolution
Energy
Litigation & IP
White Collar, Investigations, Securities Litigation & Compliance

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Robert Loeb Partner

Washington, D.C.

The breadth and depth of Bob's appellate experience, and his consistent track record of success in high-stakes matters, are why clients, including top tech and energy companies, trust him with their most important cases.

The National Law Journal’s Litigator of the Week column recently recognized Bob’s appellate major wins in energy and product liability cases for Broadreach Power and Johnson & Johnson. Bob’s recent victories also include Fifth Circuit wins for energy clients Cheniere and Eni. In the Cheniere-Midship case, Bob obtained an emergency stay from the court of appeals of the regulating agency proceedings and, then after oral argument, achieved a full victory. And for Eni, Bob convinced the Fifth Circuit to vacate a $300M judgment against Eni in a dispute with another energy company. These types of big wins in the most challenging cases show why both Chambers and Legal 500 rank Bob among the Country’s top appellate advocates.

Bob has argued before the Supreme Court multiple times (including a 9-0 victory regarding application of the Fourth Amendment to rental cars), and has filed hundreds of briefs in the Supreme Court. He has also handled cases in highest state courts in California, New York, Maine, Kentucky and New Jersey.

Before joining Orrick, Bob served as one of the leaders of an elite appellate group at the Department of Justice. There, in addition to major national security, commercial, and administrative law, Bob supervised bankruptcy appeals. At Orrick, Bob has continued to handle big ticket bankruptcy matters, such as a billion-dollar dispute over whether DHL’s claim was discharged by United’s bankruptcy, appeals from the City of Stockton bankruptcy confirmation, and a Ninth Circuit matter involving the interplay of the Takings Clause and bankruptcy law.

Bob’s recent work includes matters for Johnson & Johnson, Avon, Microsoft, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, Medidata, Renco, MSC Cruise Line, Golden 1 Credit Union, Credit Suisse, TravelCenters of America, Gannett, and the City of Stockton.

Daniel A. Rubens Partner, Supreme Court & Appellate

New York

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D:+1 212 506 3679
E: [email protected]

Practice:

Supreme Court & Appellate

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Daniel A. Rubens Partner

New York

Danny's practice focuses on appellate litigation. He has led the drafting on dozens of appellate briefs, and regularly argues appeals in state and federal courts. Danny has extensive trial litigation experience as well, with an emphasis on dispositive motions, preserving appellate issues, and developing creative legal strategies.

Danny’s work has covered a wide range of subject areas, including securities, bankruptcy, intellectual property, arbitration, class actions, and criminal law. He has a deep understanding of appeals and critical motions in financial services litigation, and in recent years has played a key role in representing financial institutions in major RMBS cases brought by trustees, investors, and monoline insurers. His financial services clients include Credit Suisse, Goldman Sachs, Mr. Cooper, and Ocwen. He also represents leading technology companies in precedent-setting cases involving antitrust law and ballot initiatives, as well as other complex commercial litigation. In addition, Danny is an experienced bankruptcy litigator, having represented various debtors and creditors in fraudulent transfer cases and other contested insolvency-related matters involving U.S. and foreign law.

Danny is a member of the Second Circuit's pro bono panel and maintains an active pro bono practice focusing on criminal, immigration, racial justice, and LGBTQ+ rights matters in the Supreme Court and other appellate courts. He was recently recognized by the National LGBTQ+ Bar Association as a “Best LGBTQ+ Lawyer Under 40,” by the New York Law Journal as a Rising Star, and by LawDragon in its inaugural 500 X – The Next Generation listing. As part of his commitment to diversity, equity, and inclusion, Danny serves as a mentor for The Appellate Project, an organization focused on empowering law students of color to thrive in the appellate field. He has also served as an Orrick ambassador for the Move The Needle Fund, a collaborative effort designed by Diversity Lab to create a more diverse and inclusive legal profession.

Before joining Orrick, Danny served as a law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York. Following his clerkships, he was selected to represent the American Inns of Court as a Temple Bar Scholar in London.