Adam C. Rogoff

Partner

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Adam C. Rogoff is one of the nation’s most experienced and skilled restructuring lawyers. He 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 public and privately owned corporate debtors; 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. 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 New York, Delaware, New Jersey, Michigan, and Virginia. His company-side clients include health care providers, including acute care hospitals and skilled nursing providers; national retailers; consumer products companies; manufacturers, notably in steel, alcohol and metals mining; international shippers, including dry bulk and tankers; and service providers, particularly in the airline and hotel and hospitality industries.

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Honors & Awards

  • Thomson Reuters’ New York Super Lawyers (2006-2019)
  • Chambers USA Leading Lawyer (2012-2015)
  • Legalease’s Legal 500 US Leading Lawyer (2010-2011, 2015-2016)
  • Burton Award, Distinguished Legal Writing (2005)

Admissions

Bar Admissions

  • New York 

Court Admissions

  • US District Court, Eastern District of Michigan
  • US District Court, Eastern and Southern Districts of New York
  • US Court of Appeals, Second Circuit

Education

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

Professional Activities

Author

  • Contributing Author, Collier Guide to Chapter 11 Key Topics and Selected Industries: Health Care Chapter
  • Contributing Author, Collier Practice Guide: Health Care Chapter and Retail Chapter
  • Contributing Author, Collier on Bankruptcy and Collier Bankruptcy Manual
  • Contributing Author, Collier Bankruptcy Practice Guide
  • General Editor and Contributing Author, Collier International Business Insolvency Guide

Member

  • American Bankruptcy Institute
  • Turnaround Management Association
  • Law360’s Bankruptcy Editorial Advisory Board (2017-2019)
  • LexisNexis Advisory Board

Speaker

  • Third Annual Retail Restructuring Outlook (June 2019)
  • American Bankruptcy Institute, Annual Spring Meeting (April 2019)
  • Cowen Presentation on Hospital and Healthcare Restructuring (September 2018)
  • Second Annual Retail Restructuring Outlook (June 2018)
  • Debtwire Radio, Adam Rogoff Breaks Down Decisions in Momentive Performance and Millennium Health (November 2017)
  • Strafford Webinar, Restructuring Healthcare Entities in Bankruptcy - Unique Challenges and Benefits of Chapter 11 (November 2017)
  • American Bankruptcy Institute Webinar, Navigating Healthcare Bankruptcies to Maximize Creditor Recoveries (September 2017)
  • Debtwire Radio, Adam Rogoff Dissects Jevic Supreme Court Decision (April 2017)
  • American Bankruptcy Institute’s 32nd Annual Spring Meeting (April 24, 2014)
  • Dow Jones Daily Bankruptcy Review Roundtable (July 2011)
  • First Illinois HFMA Webinar: “Healthcare Insolvencies - Complexity, Challenges & Competitive Pressures” (July 2011)
  • AIRA Healthcare Webcast (May 2011)
  • Executive Council Annual Healthcare Conference: “New York City Hospital Crisis: Teetering on the Edge of Disaster or Opportunity for Change?” (February 2011)
  • Webinar on Chapter 11 Reorganization: “Hot Topics and Industry Perspectives” (October 2010)

Company and Debtor Representations

  • 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.
  • 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.
  • 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.
  • 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 US$1.2 billion of secured and unsecured debt into equity, raised US$100 million of new equity, and restructured two other secured-term loan facilities.
  • General Maritime Corp. Representation of one of the largest shipping companies and related entities to ever file bankruptcy, assisting the company in eliminating approximately US$600 million of financial debt and US$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.
  • 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.
  • Lodgian Inc. Representation of the Atlanta-based hotel owner and operator in its Chapter 11 bankruptcy and financial restructuring.  
  • Northwest Airlines Corp. Representation of the airline and its affiliates in the planning of their Chapter 11 cases.  
  • 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.
  • 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.
  • Bradlees Stores Inc. Representation of a large chain of discount department stores in its Chapter 11 bankruptcy and orderly liquidation.
  • The Grand Union Co. Representation of a large chain of supermarkets and grocery stores in its Chapter 11 bankruptcy and orderly liquidation.
  • Just For Feet Inc. Representation of the athletic shoe and sportswear retailer in its Chapter 11 bankruptcy.
  • Crowley Milner and Steinbach Stores. Representation of regional department stores in their Chapter 11 bankruptcy and orderly liquidation.
  • Best Products Co. Inc.  Representation of the U.S. catalog showroom retail stores in their Chapter 11 bankruptcy and orderly liquidation.
  • G. Heileman Brewing Co. Inc. Representation of the well-known U.S. brewery in its Chapter 11 bankruptcy and sale as a going concern.
  • Metallurg Inc. Representation of a leading, worldwide producer and supplier of specialty metals, alloys, metal-based chemicals and powders in its Chapter 11 cases.
  • R.H. Macy & Co. Inc. Representation of the iconic department store in its Chapter 11 bankruptcy and reorganization.
  • The Drexel Burnham Lambert Group Inc. Representation of the major Wall Street investment banking firm and its various businesses in their Chapter 11 bankruptcy.
  • Conran’s Habitat. Representation of U.S. operations of Conran’s home-furnishing stores in their Chapter 11 bankruptcy and liquidation.
  • Ionosphere Clubs Inc. (Eastern Airlines). Representation of the iconic airline in its Chapter 11 cases.

Creditor Representations

  • 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 US$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 US$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 US$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.

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