Patrick Birney

Patrick M. Birney

Partner

Patrick M. Birney

Partner

  • Overview

    Biography

    Patrick Birney co-chairs Robinson+Cole's Bankruptcy + Reorganizations Group and is a member of the Business Litigation Group.

    Corporate Restructuring & Creditors’ Rights

    Since 1998, Patrick has focused his practice on complex transactional, litigation, and advisory work related to the debtor/creditor relationship, including restructurings, Chapter 11 bankruptcy cases, workouts and "pre-packaged" Chapter 11 matters, and commercial finance. He has extensive experience representing secured and unsecured creditors, trustees, debtors, official and ad hoc creditors' committees, and other parties in Chapter 11 restructurings, adversary proceedings, state court receiverships, and out-of-court workouts.

    Patrick recently represented a global fuel oil supplier in its Chapter 11 case, including negotiation and confirmation of its plans, which included providing for a substantial distribution to creditors. He represented the senior secured lender in the successful Chapter 11 restructuring of an international toy manufacturer. He also represented the bondholders in the successful Chapter 11 restructuring of an assisted senior living facility and geriatric hospital.

    Business Litigation

    Patrick has a broad range of experience handling commercial litigation matters in state and federal courts, routinely representing businesses involved in contract disputes, fraudulent transfer, fraud, civil theft, and intercompany claims. He has represented businesses in the insurance, manufacturing, health care, distribution, logistics, shipping, energy, retail, and construction industries.

    Patrick recently obtained summary judgment in the United States District Court for the Southern District of Texas on behalf of an international manufacturer regarding claims of breach of contract.

    Pro Bono and Community Involvement

    Patrick is committed to doing pro bono work and being actively involved in the community. He has participated in the firm’s Domestic Violence Restraining Order Program, which assists victims with obtaining restraining orders. He is on the Board of Directors for G.R.O.W.E.R.S., Inc., which provides employment and educational opportunities for intellectually disabled clients, has previously served as president of the N.E.W. 34th Charitable Corp., an organization that helps fund civic and charitable causes in the New Haven, Connecticut area, and is a member of Compass Lodge No. 9, A.F. & A.M., receiving his 10-year pin in 2019. 

    Patrick has also been a member of the Connecticut Lottery Corporation’s Board of Directors, serving as the board’s vice chairperson and chairperson of the board’s Finance Committee. He has served as vice chairperson of the Wallingford Public Utilities Commission since March 2015, and prior to that served on the Wallingford Planning and Zoning Commission and Zoning Board of Appeals.

    Patrick is a frequent lecturer and participant on educational panels related to bankruptcy, insolvency, commercial law, and creditors' rights. In addition, he is a frequent author and contributor to several national bankruptcy publications. To date, his articles have been cited by several judicial opinions, including In re Reichgott, 2013 WL 5492532 (Bankr. N.D.Ohio, 2013), and In re Kebe, 444 B.R. 871, 880 (Bankr. S.D.Ohio, 2011).

    Patrick has been listed in The Best Lawyers in America® in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law since 2017.

  • Experience
    • Experience

      Experience

      • Co-counsel to debtors in O.W. Bunker Holding North America (District of Connecticut).

      • Special counsel to debtors in Mortgage Lenders Network USA, Inc. (District of Delaware).

      • Counsel to Official Committee of Unsecured Creditors in Sigg Switzerland (USA), Inc. (District of Connecticut).

      • Counsel to Official Committee of Unsecured Creditors in Label Systems, Inc. (District of Connecticut).

      • Counsel to Official Committee of Unsecured Creditors in N.V.E., Inc. (District of New Jersey) and counsel to Official Committee of Unsecured Creditors in Fleet Trucking, Inc. (Southern District of New York). *
      • Counsel to a member of the Creditors' Committee in IdleAire Corporation (District of Delaware). *
      • Counsel to a member of the Creditors' Committee in Bayonne Medical Center (District of New Jersey). *
      • Counsel to Integrated Control Systems, Inc. (District of Connecticut). *
      • Special counsel to the chapter 7 trustee in Murdoch Claims Management (District of Connecticut), a third-party insurance claims administrator.
      • Restructuring counsel for a subsidiary of one of the nation's largest Spanish-speaking newspapers.
      • Represented American subsidiary of international packaging machinery manufacturer in claims under Delaware's fraudulent transfer and unlawful dividend statutes.
      • Represented major insurance company in adversary proceeding involving claims of fraud, unfair trade practices, and successor liability against debtor in possession.
      • Represented insurance carriers in filing and prosecuting involuntary bankruptcy proceedings against insolvent third-party claims administrators.
      • Represented trustee in an adversary proceeding in a dispute with debtor over ownership interest in publicly traded securities.
      • National bankruptcy counsel for market trend and merchandising consultant to the retail and fashion industry.
      • Represented designer and manufacturer of firearm component parts in licensing and royalty dispute with international firearm manufacturer.
      • Counsel to national construction services provider in Circuit City (Eastern District of New Jersey), a national consumer electronics retailer.
      • Representation of managed care insurer, which issued a group health plan to an employer that subsequently entered into bankruptcy. On behalf of managed care insurer, Robinson & Cole handled all aspects of the Chapter 11 bankruptcy proceeding, including negotiation of the inclusion of managed care insurer in the court's critical vendor payment order to allow premiums to continue to be paid from the debtor's assets, payment of all accounts receivable due to the insurer, and timely assumption of the group health plan insurance contract by the bankruptcy trustee.
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      * Atty. Birney was counsel in these representative transactions before joining Robinson+Cole.
    • Professional Associations

      Professional Associations

      American Bankruptcy Institute

      Connecticut Bar Association
      Executive Committee, Commercial Law and Bankruptcy Section
      Litigation Section

      Turnaround Management Association
      Director, Vice President Public Relations

      Connecticut Bar Foundation
      Fellow

      American Bankruptcy Institute Journal
      Coordinating Editor

      Journal of Bankruptcy Law and Practice
      Editorial Advisory Board

      Defense Research Institute
      Commercial Litigation Committee

      United States Law Firm Group
      Chair, Bankruptcy and Creditors Rights Committee (2018)

      Hartford County Bar Association
      Board of Directors (2013 - 2017)
    • Honors + Awards

      Honors + Awards

      St. John's University, CALI Excellence for the Future Award for Complex Bankruptcy Litigation

      Connecticut Coalition Against Domestic Violence, "First 100," 2013

      Selected to the Connecticut Super Lawyers list from 2013 to 2021.

      Selected by his peers for inclusion in The Best Lawyers in America© in the area of  Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law since 2017

      Connecticut Law Tribune "Distinguished Leader in the Law" Award, May 16, 2019

      Listed in The Best Lawyers in America© as Hartford Lawyer of the Year in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law for 2022

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $100MM)”, 15th Annual M&A Advisor Awards, 2016

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Energy Deal of the Year (Over $500MM to $1B)”, 11th Annual M&A Advisor Turnaround Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year”, 9th Annual M&A Advisor International Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $500MM to $1B)”, 11th Annual M&A Advisor Turnaround Awards, 2017

      Winning Deal Team for the Sale of Rubie’s Costume Company, Inc. and its U.S. based Affiliates, “Distressed M&A Deal of the Year ($100MM to $250MM)”, M&A Advisor's 15th Annual Turnaround Awards, 2021

       

      Presented with the Food & Beverage Restructuring Deal of the Year honor as part of the Global M&A Network’s 14th Annual Turnaround Atlas Awards in recognition of serving as counsel to Tribe 9, LLC in the Carla’s Pasta, LLC Chapter 11 bankruptcy case.

      Named to Global M&A Network's 9th annual Top 100 Restructuring  Professionals “Distinction in Dealmaking” list

      Presented with the Chapter 11 Restructuring of the Year in the “mega” category (value: above $5 billion) as part of the Global M&A Network’s 15th Annual Turnaround Atlas Awards in recognition of serving as co-counsel to the Official Committee of Unsecured Creditors (UCC) in the Mallinckrodt plc, et al. chapter 11 cases.

    • Community Involvement

      Community Involvement

      Town of Wallingford
      Public Utilities Commission, Secretary (2015 - Present)
      Planning and Zoning Commission, Vice Chairman (2003 - 2015)

      Connecticut Lottery Corporation
      Board of Directors, Vice Chair (2015 - Present)
      Board of Directors, Chairman of Finance Committee

      G.R.O.W.E.R.S., Inc.
      Board of Directors; the corporation, a 501(c)(3), provides employment and educational opportunities for intellectually disabled clients

      The N.E.W. 34th Charitable Corp.
      President; the corporation, a 501(c)(3), provides funding for civic and charitable causes within New Haven County
  • NEWS + PRESS
    • Publications

      Publications

      "Litigation-Settlement Financiers, a Secured Claim Might Be Illusory," co-authored with Annecca H. Smith, published in the ABI Journal, the member publication of the American Bankruptcy Institute (March 2022)
      • » more info

        • Litigation-Settlement Financiers, a Secured Claim Might Be Illusory

        "Litigation-Settlement Financiers, a Secured Claim Might Be Illusory," co-authored by Annecca H. Smith and Patrick M. Birney, published in the ABI Journal, the member publication of the American Bankruptcy Institute (March 2022)

        The article offers a brief overview of the Bankruptcy Code sections related to property of the estate and exemptions, and presents a primer on litigation funding agreements. Patrick and Annecca also analyze the decision of the U.S. Bankruptcy Court for the Eastern District of New York in In re Reviss, in which the Court forewarns litigation-settlement financiers that their security interest in settlement proceeds could be in peril when the proceeds are not yet attached and a Chapter 7 debtor attempts to exempt the same proceeds from property of the debtor’s bankruptcy estate.

      • View article

      "Understanding Standing: Statutory Authority Made Simple," co-authored with Jamie L. Edmonson, published in the ABI Journal (November 2020)
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        • Understanding Standing: Statutory Authority Made Simple

        "Understanding Standing: Statutory Authority Made Simple," co-authored by Jamie L. Edmonson and Patrick M. Birney, published in the ABI Journal (November 2020)

        The article examines distinctions between constitutional standing and statutory authority in the context of contested matters and adversary proceedings pending within cases filed under the Bankruptcy Code. Patrick and Jamie also visit Bankruptcy Code § 1109 and Bankruptcy Rule 2018 to provide finer points on the tutorial.


      "Section 510 — Subordination, Recent Developments," co-authored with Ryan M. Messina and Andrew A. DePeau, which was published in the Norton Annual Survey of Bankruptcy Law. (August 2020)
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        • Section 510 — Subordination, Recent Developments

        "Section 510 — Subordination, Recent Developments," co-authored by Ryan M. Messina, Andrew A. DePeau and Patrick M. Birney, which was published in the Norton Annual Survey of Bankruptcy Law. (August 2020)

        Patrick Birney, Andrew DePeau and Ryan Messina authored an article on Bankruptcy Code Section 510, which examined recent developments in Subordination, in areas including Subordination Agreements, Rescission Claims, and various aspects of Equitable Subordination.


      "Distressed Company Investing in the COVID-19 Environment," co-authored with Leslie J. Levinson, published in a Corporate Restructuring & Bankruptcy special report by the New York Law Journal. (6/8/2020)
      • » more info

        • Distressed Company Investing in the COVID-19 Environment

        "Distressed Company Investing in the COVID-19 Environment," co-authored by Leslie J. Levinson and Patrick M. Birney, published in a Corporate Restructuring & Bankruptcy special report by the New York Law Journal. (6/8/2020)

        Distressed Companies and Special Situations Team lawyers Patrick Birney and Les Levinson authored the article “Distressed Company Investing in the COVID-19 Environment” published in a Corporate Restructuring & Bankruptcy special report by the New York Law Journal on June 8, 2020. Investing in distressed entities or their debt or equity can represent attractive opportunities, but not without certain unique challenges, particularly in the post-COVID-19 era. Often these transactions occur out of court as that can be less costly and time consuming than traditional bankruptcy or other in-court processes. The article reviews the unique issues to consider in such transactions. ALM subscribers can read the full article here. If you are not a subscriber, view the article here.


      "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored with Katherine M. Fix, selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. (3/26/2020)
      • » more info

        • Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach

        "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored by Patrick M. Birney and Katherine M. Fix, selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. (3/26/2020)

        The article "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," authored by Bankruptcy + Reorganizations Group members Patrick Birney and Katherine Fix, has been selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. Their article in the July 2019 issue of the Journal revisits the extraterritorial application of federal statutory law and the presumption against extraterritoriality in the context of litigation spawned from Bernie Madoff’s massive Ponzi scheme and the ensuing bankruptcy proceeding. Patrick and Katherine write, “The powers have been read broadly to permit overseas application of federal law,” noting that the federal courts have most often sided with Congress and its “almost unfettered discretion to apply statutory provisions to govern events or actions outside the territorial boundaries of the United States.”

        Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Bankruptcy Code. In conclusion, the authors state that “The Second Circuit decision likely closes a potential loophole, now preventing the Bankruptcy’s Code avoidance provisions from being bypassed, and further expands the trustee’s statutory avoidance powers beyond the United States, at least in New York and other jurisdictions bound by Second Circuit precedent.” To read the article, click here.


      "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored with Katherine M. Fix, published in the July 2019 edition of the ABI Journal. (7/1/2019)
      • » more info

        • Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach

        "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," co-authored by Katherine M. Fix and Patrick M. Birney, published in the July 2019 edition of the ABI Journal. (7/1/2019)

        This article refreshes the recollection regarding the extraterritorial application of federal statutory law and the presumption against extraterritoriality. Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Code. To read the article, click here.


      "Unharnessing the Governmental-Unit Stay Exception: SEC v. Miller," co-authored with Andrew A. DePeau (May 2016)
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        • Unharnessing the Governmental-Unit Stay Exception: SEC v. Miller

        "Unharnessing the Governmental-Unit Stay Exception: SEC v. Miller," co-authored by Patrick M. Birney and Andrew A. DePeau (May 2016)

        Overall, the article reviews the government exception to the automatic stay provision under § 326(a) of the Bankruptcy Code. In more detail, it provides a primer on the government exception, a discussion of the three-factor Brennan test, and an analysis of the Second Circuit's decision in SEC v. Miller.

      • View article

      "Toward Understanding Make-Whole Premiums in Bankruptcy," published in Norton Journal of Bankruptcy Law and Practice (August 2015)
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        • Toward Understanding Make-Whole Premiums in Bankruptcy

        "Toward Understanding Make-Whole Premiums in Bankruptcy," published in Norton Journal of Bankruptcy Law and Practice, authored by Patrick M. Birney (August 2015)

        Mr. Birney discusses how make-whole premiums (MWPs) have become ever-present clauses in commercial loan agreements and bond indentures. In particular, he examines these aspects of MWPs: their evolution, their characteristics, their enforceability under state law, and their enforceability in bankruptcy.

      • View article

      "Perfecting Security Interests in a Debtor's Insurance Policy," published in American Bankruptcy Institute Journal (April 2015)

      "Revisiting Presumption Against Extraterritoriality in Avoidance Actions," published in American Bankruptcy Institute Journal (September 2014)

      "Section 363 Sale Orders: May Sales Be Made Free and Clear of Successor Liability Claims?" published in Norton Journal of Bankruptcy Law and Practice (July 2013)

      "State Insurance Law Trumps Code: 'Reverse Preemption'," published in American Bankruptcy Institute Journal (May 2013)

      "Should SIPA Trustee Have Greater Power Than Chapter 7 Trustee to Pursue Third-Party Claims?" published in American Bankruptcy Institute Journal, co-authored with Travis R. Searles (May 2012)

      "May a Bankruptcy Court Exercise Supplemental Jurisdiction Predicated on Its Referred 'Related To' Jurisdiction?" published in Norton Journal of Bankruptcy Law and Practice, co-authored with Michael R. Enright (January 2010)

      "Resource Conservation and Recovery Act vs. Chapter 11: When Is a 'Discharge' Not Discharged," published in American Bankruptcy Institute Journal, coauthor (November 2009)

      "Bankruptcy Rule 9024: Paper Tiger or Powerful Procedural Tool When Stacked Against the Bankruptcy Code," published in Norton Journal of Bankruptcy Law and Practice (June 2009)

      "Reawakening Section 1334: A New Framework for Analyzing the Enforceability of Arbitration Agreements in Bankruptcy," published in American Bankruptcy Institute Law Review (Winter 2008)

    • Presentations

      Presentations

      "Alternative Energy & Renewables," as moderator during the American Bankruptcy Institute's VALCON 2021 (5/12/2021)
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        • Alternative Energy & Renewables

        "Alternative Energy & Renewables," presented by Patrick M. Birney, as moderator during the American Bankruptcy Institute's VALCON 2021 (5/12/2021)

        Bankruptcy + Reorganizations Group co-chair, Patrick Birney, took part in the American Bankruptcy Institute’s virtual VALCON 2021, co-presented with the Association of Insolvency and Restructuring Advisors, moderating the panel discussion “Alternative Energy & Renewables” on May 12, 2021. The panelists, all of whom have experience in the renewable energy and power sectors, discussed valuation and other relevant issues in the context of expanding alternative and renewable energy sources, and the pressures this expansion will have on the merchant power sector.


      "Mezzanine Lenders: Navigating an Insolvent Borrower," co-presented with Endicott (Kit) Peabody IV and Stephen P. Hanson, as part of the Small Business Investor Alliance's (SBIA) Lunch & Learn Webinar Series. (11/4/2020)
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        • Mezzanine Lenders: Navigating an Insolvent Borrower

        "Mezzanine Lenders: Navigating an Insolvent Borrower," co-presented by Endicott (Kit) Peabody IV, Stephen P. Hanson and Patrick M. Birney, as part of the Small Business Investor Alliance's (SBIA) Lunch & Learn Webinar Series. (11/4/2020)

        Business Transactions Group member Stephen Hanson moderated the webinar, "Mezzanine Lenders: Navigating an Insolvent Borrower," presented by Robinson+Cole on November 4, 2020, as part of the Small Business Investor Alliance's (SBIA) Lunch & Learn Webinar Series. Bankruptcy + Reorganizations Group co-chair, Patrick Birney and Business Transactions Group member, Kit Peabody, along with Brian O'Reilly of Graycliff Partners, were panelists for this program. The panel offered a deep look at critical issues affecting lenders working with insolvent portfolio companies, such as their rights in relation to the U.S. Bankruptcy Code under chapters 7 and 11, including the small business provisions arising under the new subchapter 5 and the Payroll Protection Program’s impact on that subchapter. The panelists also reviewed issues that can impact the loan documents, including the Intercreditor Agreement, and how these align with the statutes, as well as treatment of co-investment positions, and concluded by offering tips on drafting these key agreements.


      "Alternatives for Winding Down a Business," presented by the Connecticut Bar Association (10/16/2020)
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        • Alternatives for Winding Down a Business

        "Alternatives for Winding Down a Business," presented by Patrick M. Birney, presented by the Connecticut Bar Association (10/16/2020)

        Bankruptcy + Reorganizations Group co-chair and Business Litigation Group member, Patrick Birney, was among the presenters during the Connecticut Bar Association's webinar "Alternatives for Winding Down a Business" on October 16, 2020. Bankruptcy is not the only method for winding down a distressed business and often both businesses and creditors can obtain more effective results by utilizing liquidation mechanisms available outside of bankruptcy. Discussion topics included how to evaluate the pros and cons of pursuing state law remedies instead of bankruptcy, how a company may carry out its own orderly windup under state law, how a secured creditor can effectively liquidate a business outside of bankruptcy, how to utilize alternative liquidation, and proceedings under state law receiverships and assignments for the benefit of creditors.


      "Distressed Company Investing in the COVID-19 Environment," co-presented with Leslie J. Levinson and Jamie L. Edmonson, which addressed certain unique challenges of investing in distressed entities or their debt or equity. (5/12/2020)
      • » more info

        • Distressed Company Investing in the COVID-19 Environment

        "Distressed Company Investing in the COVID-19 Environment," co-presented by Leslie J. Levinson, Patrick M. Birney and Jamie L. Edmonson, which addressed certain unique challenges of investing in distressed entities or their debt or equity. (5/12/2020)

        Patrick Birney, Jamie Edmonson and Les Levinson, members of the Firm’s Distressed Companies and Special Situations Team, were panelists for the co-hosted webinar, "Distressed Company Investing in the COVID-19 Environment" on May 12, 2020. Investing in distressed entities or their debt or equity can represent attractive opportunities, but not without certain unique challenges, particularly in the post-COVID-19 era. Often these transactions occur out of court as that can be less costly and time consuming than traditional bankruptcy or other in-court processes. The panel reviewed various ways to acquire a distressed company and the unique issues to consider in such transactions. Key issues addressed by the panel included:

        • sourcing and identifying distressed-company opportunities in the COVID-19 environment;
        • the advantages and disadvantages of acquiring distressed debt, assets or companies pre-bankruptcy;
        • “loan to own" strategies and risks during COVID-19;
        • special due diligence issues; and
        • how does an out-of-court transaction compare to a Section 363 sale?

         

         


      "COVID-19 and the Contract Issues that Arise," presented by the Connecticut Bar Association’s Commercial Law and Bankruptcy Section. (4/17/2020)
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        • COVID-19 and the Contract Issues that Arise

        "COVID-19 and the Contract Issues that Arise," presented by Patrick M. Birney, presented by the Connecticut Bar Association’s Commercial Law and Bankruptcy Section. (4/17/2020)

        Bankruptcy + Reorganizations Group co-chair Patrick Birney was among the featured speakers on the webinar “COVID-19 and the Contract Issues that Arise” on April 17, 2020. The free seminar covered force majeure clauses, impossibility and impracticability, and Uniform Commercial Code (UCC) issues in relation to COVID-19 and was designed for attorneys interested in learning about the contract law issues that can arise in relation to the coronavirus. The program was presented by the Connecticut Bar Association’s Commercial Law and Bankruptcy Section.


      "Negotiating & Drafting Lessons and Tips That Could Help Protect or Eliminate Avoidance Claims - What You Agree to Today Can Affect Tomorrow!," presented at the 35th Annual Bankruptcy & Restructuring Conference, Association of Insolvency and Restructuring Advisors. (6/7/2019)
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        • Negotiating & Drafting Lessons and Tips That Could Help Protect or Eliminate Avoidance Claims - What You Agree to Today Can Affect Tomorrow!

        "Negotiating & Drafting Lessons and Tips That Could Help Protect or Eliminate Avoidance Claims - What You Agree to Today Can Affect Tomorrow!," presented by Patrick M. Birney, presented at the 35th Annual Bankruptcy & Restructuring Conference, Association of Insolvency and Restructuring Advisors. (6/7/2019)

        The panel explored such topics as zero coupon bonds; repudiation of cash; subordination of debt; right of first refusal; waivers and releases; designation of contracts and “no shop” clauses, with a focus on protecting avoidance actions and the omnipresent issues surrounding the value associated with releases.


      "Winding-Up Petition vs. Arbitration - Which Shall Prevail," presented as a panelist at the ADVOC International Business Law Conference 2019 in Hong Kong, China. (3/1/2019)
      • » more info

        • Winding-Up Petition vs. Arbitration - Which Shall Prevail

        "Winding-Up Petition vs. Arbitration - Which Shall Prevail," presented by Patrick M. Birney, presented as a panelist at the ADVOC International Business Law Conference 2019 in Hong Kong, China. (3/1/2019)

        Patrick also wrote the paper "Reawakening Section 1334: Resolving the Conflict Between Bankruptcy and Arbitration Through an Abstention Analysis" for the Conference. To read the paper, click here. 


      "Stern Revisited: In re Millennium Lab Holdings and Beyond," presented during the 2018 Annual Spring Meeting in Washington D.C., hosted by the American Bankruptcy Institute (4/21/2018)

      "What Every EHS Professional Needs to Know (Or At Least Think) About Bankruptcy," presented during Robinson+Cole's Annual Environmental + Energy Summit in Newport, Rhode Island (9/27/2017)

      "Insolvency and Cross Border Insolvency in the Jurisdiction of the United States of America," at ADVOC International Business Law Conference, published materials (9/19/2013)

    • News

      R+C in the News

      • July 20, 2023

        Robinson+Cole Lawyers Recognized During Global M&A Network's 2023 Turnaround Atlas Awards

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          Robinson+Cole Lawyers Recognized During Global M&A Network's 2023 Turnaround Atlas Awards

          Members of Robinson+Cole’s Bankruptcy + Reorganizations Group were recognized for their work on the Mallinckrodt plc restructuring during Global M&A Network's 15th Annual Turnaround Atlas Awards hosted in New York City on July 19, 2023 as part of the organization’s Restructuring & Distressed Investing Forum. The annual event honors the achievements of legendary leaders, outstanding firms and best-value creating transactions from the restructuring, distressed investing and insolvency industry. Robinson+Cole won the Chapter 11 Restructuring of the Year in the “mega” category (value: above $5 billion).

          Robinson+Cole serves as co-counsel to the Official Committee of Unsecured Creditors (UCC) in the Mallinckrodt plc, et al. chapter 11 cases. Mallinckrodt is a global enterprise that operates two separate businesses – a Specialty Brands business and a Specialty Generics business. The Specialty Brands business manufactures INOmax and Acthar Gel, while the Specialty Generics business is the only U.S. producer of acetaminophen and various opioids. Litigation against the company on multiple fronts, including opioid-related litigation, left the company to seek to restructure its businesses, which led to the chapter 11 filing on October 12, 2020. Through the bankruptcy, the Debtors were able to de-lever their capital structure by more than $1 billion. A disclosure statement for the plan of reorganization was approved by the Bankruptcy Court for solicitation on June 17, 2021, with the hearing on confirmation of the Debtors’ plan held on September 21, 2021. On February 3, 2022 the Bankruptcy Court issued a written ruling confirming the Chapter 11 plan and on March 2, 2022 the Bankruptcy Court entered a Confirmation Order confirming the Fourth Amended Joint Plan of Reorganization. Further, on April 27, 2022 the Irish High Court made an Order pursuant to Section 541(3) of the Companies Act of Ireland confirming the Scheme of Arrangement proposed by the Examiner between Mallinckrodt plc, its creditors and members, which is based on and consistent in all respects with the Fourth Amended Plan.

          The Team advising the UCC includes Natalie Ramsey, Jamie Edmonson, Patrick Birney, Michael Enright, Rachel Jaffe Mauceri, Laurie Krepto, Ryan Messina, Annecca Smith, along with Business Litigation Group Members John Cordani and Curtis Crowther. Learn more about the Turnaround Atlas Awards.

          In addition to the award, Jamie was among the panelists that presented the "Distressed M&A: Deals and Steals" as part Restructuring & Distressed Investing 15th Annual Forum, which discussed acquiring assets under Chapter 11 bankruptcy proceedings – from valuations, challenge of due diligence, and financing.

      • September 2, 2022

        Patrick Birney Named to 2022 Top 100 Restructuring Professionals List

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          Patrick Birney Named to 2022 Top 100 Restructuring Professionals List

          Bankruptcy + Reorganizations Group co-chair Patrick M. Birney has been named to the Top 100 Restructuring Professionals list by the Global M&A Network. The 9th annual national list features a "highly respected, successful and innovative group of 25 consultants, 25 investment bankers and 50 lawyers from the restructuring and turnaround communities."

          Candidates are identified thorough a highly competitive process that begins with the evaluation of firms and best performing or winning transactions closed in 2021 that were recognized as part of Global M&A Network's “Turnaround Atlas Awards." Selection is then narrowed to a single professional from the firm based on their experience, differentiated expertise, and transactions completed among additional attributes. Only one professional is selected from the practice group at the firm per year. Patrick was identified for the "top" designation in connection with being part of the Robinson+Cole team selected as the “Food & Beverage Restructuring Deal of the Year” for serving as counsel to Tribe 9, LLC in the Carla’s Pasta, LLC Chapter 11 bankruptcy case. Read more.

        • View article
      • July 25, 2022

        Robinson+Cole Lawyers Recognized During Global M&A Network's 2022 Turnaround Atlas Awards

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          Robinson+Cole Lawyers Recognized During Global M&A Network's 2022 Turnaround Atlas Awards

          Bankruptcy + Reorganizations Group co-chair Natalie D. Ramsey was presented with the “Women Restructuring Leader” recognition during Global M&A Network's 14th Annual Turnaround Atlas Awards hosted virtually on July 21, 2022 as part of the organization’s Restructuring & Distressed Investing Forum. The honor is presented to a woman leader with over 25 years of experience in the restructuring industries in recognition of her talents and contributions made in the industry. Natalie also served as a moderator during the Forum’s program "The Texas Two-Step: Understanding The Impact on Mass Tort Liabilities," in which leading experts Greg Gordon, Matt Diaz and Paul Zumbo discussed the evolution and state of play of the “Mass-Tort” complex bankruptcies and how upcoming decisions could affect the developing jurisprudence.

          In addition, Bankruptcy + Reorganizations Group co-chairs Patrick M. Birney and Michael R. Enright along with member Rachel Jaffe Mauceri and Business Transactions Group co-chair Brian M. Flaherty were recognized as a team for serving as counsel to Tribe 9, LLC in the Carla’s Pasta, LLC Chapter 11 bankruptcy case, which was selected as the “Food & Beverage Restructuring Deal of the Year.” Tribe 9 Foods, a certified B Corp., headquartered in Madison, Wisconsin, is the owner of gluten-free pasta brand Taste Republic, and RP’s Pasta, a producer of small batch, artisan fresh pasta. Carla’s Pasta is a leading provider of traditional pasta products for branded and private label retail, foodservice distributors, and restaurants. Carla’s was challenged by the downturn in foodservice caused by COVID-19 and sought bankruptcy protection under chapter 11 on February 8, 2020 in Connecticut. On April 15, 2021, Tribe 9 was deemed the prevailing bidder after a competitive auction and closed on the transaction on April 28, 2021. Tribe 9’s acquisition of Carla’s enabled it to combine Taste Republic’s gluten-free, grain-free and vegan pasta offerings with Carla’s traditional pasta to provide a complete range of solutions for Tribe’ 9’s customers, including foodservice, industrial, retail, private label, and contract manufacturing. As a result of the sale, Carla’s was able to confirm a consensual plan of liquidation on August 2, 2021. Learn more about the Turnaround Atlas Awards.

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      • March 7, 2022

        Patrick Birney and Annecca Smith Co-Author ABI Journal Article on Litigation-Settlement Financiers

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          Patrick Birney and Annecca Smith Co-Author ABI Journal Article on Litigation-Settlement Financiers

          Bankruptcy + Reorganizations Group members Patrick Birney (co-chair) and Annecca Smith co-authored the article “Litigation-Settlement Financiers, a Secured Claim Might Be Illusory,” published in the March issue of the ABI Journal, the member publication of the American Bankruptcy Institute. The article offers a brief overview of the Bankruptcy Code sections related to property of the estate and exemptions, and presents a primer on litigation funding agreements. They also analyze the decision of the U.S. Bankruptcy Court for the Eastern District of New York in In re Reviss, in which the Court forewarns litigation-settlement financiers that their security interest in settlement proceeds could be in peril when the proceeds are not yet attached and a Chapter 7 debtor attempts to exempt the same proceeds from property of the debtor’s bankruptcy estate. Read the full article here.

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      • October 7, 2021

        Patrick Birney Receives M&A Advisor Turnaround Award for Distressed M&A Deal of the Year

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          Patrick Birney Receives M&A Advisor Turnaround Award for Distressed M&A Deal of the Year

          Bankruptcy + Reorganizations Group co-chair Patrick M. Birney was part of the team recognized for “Distressed M&A Deal of the Year ($100MM to $250MM)” during The M&A Advisor’s 15th Annual Turnaround Awards hosted on September 29, 2021 in New York City. The award was presented for the sale of Rubie’s Costume Company, Inc. and its U.S. based affiliates. Headquartered in Long Island, NY, Rubie’s is the world’s largest costume provider, with a wide-ranging portfolio of licensed products including Marvel, Warner Brothers, Nickelodeon, Disney and Lucasfilm costumes, memorabilia, novelties and toys. Patrick represented TD Bank, a secured lender in the sale, which was effectuated through a Chapter 11 Section 363 process in the U.S. Bankruptcy Court for the Eastern District of New York. SSG Capital Advisors, LLC acted as the investment banker to Rubie’s Costume Company, Inc. The transaction closed in October 2020. The M&A Advisor’s Annual Turnaround Awards recognize those that reached the pinnacle of the distressed investing, bankruptcy, and restructuring industry over the past year. Read more about the awards.

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      • September 9, 2021

        Patrick Birney Selected as a Turnaround Management Association September Featured Member

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          Patrick Birney Selected as a Turnaround Management Association September Featured Member

          Bankruptcy + Reorganizations Group Co-chair Patrick M. Birney was selected to be one of Turnaround Management Association’s (TMA) featured members for the month of September. Patrick was chosen to be highlighted by the Connecticut Turnaround Management Association (CTTMA) and will appear in the “Featured Members” section found on TMA’s homepage. According to its website, TMA “is the most professionally diverse organization in the corporate restructuring, renewal, and corporate health space.” The organization is comprised of turnaround practitioners, attorneys, accountants, advisors, liquidators, consultants, as well as academic, government employees, and members of the judiciary with nearly 10,000 members in 54 chapters worldwide. Patrick is a longtime member of TMA and CTTMA serving in several leadership roles. He has previously served as a TMA Director and Vice President of Public Relations. Visit TMA’s website to view the Featured Members section.

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      • November 13, 2020

        Patrick Birney and Jamie Edmonson Author Article on Statutory Authority Published in the ABI Journal

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          Patrick Birney and Jamie Edmonson Author Article on Statutory Authority Published in the ABI Journal

          Bankruptcy + Reorganizations Group lawyers Patrick M. Birney and Jamie L. Edmonson authored the article “Understanding Standing: Statutory Authority Made Simple” published in the November 2020 issue of the ABI Journal, the member publication of the American Bankruptcy Institute. The article examines distinctions between constitutional standing and statutory authority in the context of contested matters and adversary proceedings pending within cases filed under the Bankruptcy Code. Patrick and Jamie also visit Bankruptcy Code § 1109 and Bankruptcy Rule 2018 to provide finer points on the tutorial. ABI members can read the full article here.

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      • June 8, 2020

        Patrick Birney and Les Levinson Author Article on Distressed Companies Published in New York Law Journal

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          Patrick Birney and Les Levinson Author Article on Distressed Companies Published in New York Law Journal

          Distressed Companies and Special Situations Team lawyers Patrick M. Birney and Leslie J. Levinson authored the article “Distressed Company Investing in the COVID-19 Environment” published in a Corporate Restructuring & Bankruptcy special report by the New York Law Journal on June 8, 2020. Investing in distressed entities or their debt or equity can represent attractive opportunities, but not without certain unique challenges, particularly in the post-COVID-19 era. Often these transactions occur out of court as that can be less costly and time consuming than traditional bankruptcy or other in-court processes. The article reviews the unique issues to consider in such transactions. ALM subscribers can read the full article here. If you are not a subscriber, view the article here.

      • March 26, 2020

        Patrick Birney and Katherine Fix Author Article Included in "Best of ABI 2019: The Year in Business Bankruptcy"

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          Patrick Birney and Katherine Fix Author Article Included in "Best of ABI 2019: The Year in Business Bankruptcy"

          The article "Global Practitioners Beware: U.S. Code’s Avoidance Provisions Might Have International Reach," authored by Bankruptcy + Reorganizations Group members Patrick M. Birney and Katherine M. Fix, has been selected by the American Bankruptcy Institute (ABI) for inclusion in the “Best of ABI 2019: The Year in Business Bankruptcy,” an annual compendium of the best ABI Journal and conference seminar articles. Their article in the July 2019 issue of the Journal revisits the extraterritorial application of federal statutory law and the presumption against extraterritoriality in the context of litigation spawned from Bernie Madoff’s massive Ponzi scheme and the ensuing bankruptcy proceeding. Patrick and Katherine write, “The powers have been read broadly to permit overseas application of federal law,” noting that the federal courts have most often sided with Congress and its “almost unfettered discretion to apply statutory provisions to govern events or actions outside the territorial boundaries of the United States.”

          Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Bankruptcy Code. In conclusion, the authors state that “The Second Circuit decision likely closes a potential loophole, now preventing the Bankruptcy’s Code avoidance provisions from being bypassed, and further expands the trustee’s statutory avoidance powers beyond the United States, at least in New York and other jurisdictions bound by Second Circuit precedent.” To read the article, click here.

      • May 17, 2019

        CT Law Tribune Honors Four Firm Lawyers at 2019 CT Legal Awards Event

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          CT Law Tribune Honors Four Firm Lawyers at 2019 CT Legal Awards Event

          The Connecticut Law Tribune honored four Robinson+Cole lawyers at the publication’s 2019 Connecticut Legal Awards “Professional Excellence” event on May 16, 2019 at the Bond Ballroom in Hartford. The awards recognize both new and seasoned lawyers who have demonstrated knowledge, skill and compassion, making their mark in the legal field and earning the trust and respect of their clients and peers alike.  

          Business Litigation Group lawyer Jim Wade received the Tribune’s Lifetime Achievement Award as a lawyer “who has left a lasting imprint on the legal community of Connecticut.” Bankruptcy and Reorganizations Group lawyer Patrick Birney was given the Distinguished Leader Award as one who “achieved impressive results in 2018 and demonstrated clear leadership skills that helped (him) achieve those results.” 

          Ben Jensen, Business Litigation, and Abby Warren, Labor and Employment, were named New Leaders in the Law. This distinction spotlights lawyers under the age of 40 who have excelled in the courtroom, in client service and cultivation, in service to bar associations, and/or in performing pro bono work or community service in a volunteer capacity. Also in attendance were Robinson+Cole lawyers Bruce Barth, Frank Coulom, Eric Daniels, Ed Heath, Keisha Palmer, Jim Ray and Rhonda Tobin. To see a photo of R+C at the event, Click Here for our LinkedIn post and feel free to like/share with your LinkedIn connections.

      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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          51 Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 51 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2018. In addition, 32 attorneys at the firm were recognized as “Rising Stars.” The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. View the list of recognized attorneys and their areas of practice.

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      • August 20, 2018

        52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

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          52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

          52 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2019 (Copyright 2018 by Woodward/White, Inc., of Aiken, SC).

          See a complete listing of all Robinson+Cole's ranked lawyers.

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      • July 27, 2018

        Patrick Birney Named Chair of United States Law Firm Group Bankruptcy and Creditors Rights Committee

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          Patrick Birney Named Chair of United States Law Firm Group Bankruptcy and Creditors Rights Committee

          Finance Group lawyer Patrick M. Birney has been named chair of the United States Law Firm Group's (USLFG) Bankruptcy and Creditors Rights Committee. The committee is made up of nearly 30 members who meet semi-annually and confer between meetings regarding current legal and practice developments relevant to bankruptcy and creditors rights.

      • June 9, 2016

        Hartford Lawyers Publish Article in ABI Journal

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          Hartford Lawyers Publish Article in ABI Journal

          Business litigation and bankruptcy and creditors' rights lawyers Patrick M. Birney and Andrew A. DePeau wrote the article "Unharnessing the Governmental-Unit Stay Exception: SEC v. Miller" for the May 2016 issue of the American Bankruptcy Institute Journal (ABI Journal). Overall, the article reviews the government exception to the automatic stay provision under § 326(a) of the Bankruptcy Code. In more detail, it provides a primer on the government exception, a discussion of the three-factor Brennan test, and an analysis of the Second Circuit's decision in SEC v. Miller. Please click here for more in-depth information on the topic.

          Mr. Birney serves as a contributing editor of the ABI Journal.

      • January 21, 2016

        Patrick Birney Writes Article on Make-Whole Premiums for Norton Journal of Bankruptcy Law and Practice

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          Patrick Birney Writes Article on Make-Whole Premiums for Norton Journal of Bankruptcy Law and Practice

          Patrick M. Birney, a finance and business litigation lawyer in Robinson+Cole's Hartford office, authored the article "Toward Understanding Make-Whole Premiums in Bankruptcy," which appeared in the most recent edition of the Norton Journal of Bankruptcy Law and Practice. In the article, Mr. Birney discusses how make-whole premiums (MWPs) have become ever-present clauses in commercial loan agreements and bond indentures. In particular, he examines these aspects of MWPs: their evolution, their characteristics, their enforceability under state law, and their enforceability in bankruptcy. To read the entire article, please click here.

      • April 13, 2015

        Patrick Birney Writes Article for ABI Journal

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          Patrick Birney Writes Article for ABI Journal

          Patrick M. Birney authored the article "Perfecting Security Interests in a Debtor's Insurance Policy,” published in the April 2014 issue of the American Bankruptcy Institute Journal (ABI Journal). In the article, Mr. Birney outlines the provisions of UCC Article 9 that were the focus of a decision by the First Circuit Bankruptcy Appellate Panel and an order by the U.S. Bankruptcy Court for the District of Maine. He goes on to examine those decisions and then concludes with practical tips for secured creditors intending to perfect a security interest in a debtor's insurance proceeds. Please click here to view the article.

          Mr. Birney, a finance and business litigation partner in the Hartford office, serves as a contributing editor of the ABI Journal.

      • November 18, 2014

        Join Robinson+Cole at the 4th Annual Economic Forum

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          Join Robinson+Cole at the 4th Annual Economic Forum

          Robinson+Cole is sponsoring the 4th Annual Economic Forum featuring keynote speaker Congressman Jim A. Himes on November 25. The forum is presented by the CT Turnaround Management Association (CTTMA), the Connecticut Chapter of the Association for Corporate Growth (ACG Connecticut), and the Crossroads Venture Group (CVG). The program includes two panel discussions: an economic roundtable "Is the Sky Really Falling or is the Ground Just Rising Up?" and "From Cradle to Grave & Everything In Between: A Practical Guide to Running & Funding a Business in Connecticut."

          Robinson+Cole lawyers Patrick M. Birney, who is a member of CTTMA's Board of Directors, and Eric M. Kogan are attending. To join them, register by November 21 on the CTTMA website here.

      • October 30, 2014

        Patrick Birney Authors Article for ABI Journal

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          Patrick Birney Authors Article for ABI Journal

          Patrick M. Birney wrote the article "Revisiting Presumption Against Extraterritoriality in Avoidance Actions" for the most recent issue of the American Bankruptcy Institute Journal (ABI Journal). In the article, Mr. Birney considers the extraterritorial application of federal statutory law and explores the presumption against extraterritoriality. Using the decision in SIPC v. Bernard L. Madoff Investment Securities LLC as an example, he concludes by examining how the presumption against extraterritoriality applies in the context of avoidance proceedings under the Bankruptcy Code. Please click here to view the article.

          Mr. Birney, a finance and business litigation partner in the Hartford office, serves as a contributing editor of the ABI Journal.

      • January 23, 2013

        Connecticut Law Tribune quotes Robinson & Cole's Pro Bono Work

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          Connecticut Law Tribune quotes Robinson & Cole's Pro Bono Work

          Robinson & Cole's restraining order program is referenced in a Connecticut Law Tribune article by Chase T. Rogers, chief justice of the Connecticut Supreme Court, and Superior Court Judge William H. Bright Jr., chair of the Judicial Branch's Pro Bono Committee. The article, “Forecast 2013: Pro Bono Initiatives Remain On Front Burner,” discusses ways to meet pro bono challenges in 2013. Each Monday since August 2012, at least two Robinson & Cole lawyers have been stationed at the Superior Court in Middletown to assist victims of domestic violence obtain or preserve court-issued restraining orders to protect themselves and their families. The firm lawyers involved in this considerable effort include Edward J. Heath, Patrick M. Birney, Andrea Donovan Napp, Benjamin B. Adams, J. Tyler Butts, Kathleen E. Dion, Amanda E. Gordon, and Nicolas F. Perry. They have been joined by lawyers from Northeast Utilities, including Honor Heath and Janet Helmke-Elmore.

      • December 17, 2010

        Attorneys Reelected to Connecticut Chapter Board

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          Attorneys Reelected to Connecticut Chapter Board

          Finance attorney Patrick M. Birney was recently reelected to the board of directors for the Connecticut chapter of the Turnaround Management Association (TMA). Robinson & Cole is the only member entity with more than one representative on the board. TMA is the only international nonprofit association dedicated to corporate renewal and turnaround management. TMA members are a community of turnaround and corporate renewal professionals who share a common interest in strengthening the economy through restoration of corporate value.

      • June 30, 2010

        Patrick Birney Leads Off Bankruptcy Law360 coverage of Schwab v. Reilly

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          Patrick Birney Leads Off Bankruptcy Law360 coverage of Schwab v. Reilly

          Bankruptcy and finance attorney Patrick M. Birney served as a lead source in a recent Bankruptcy Law360 story covering the U.S. Supreme Court ruling in Schwab v. Reilly, an anticipated ruling more clearly defining how an individual can exempt an asset from a bankruptcy proceeding. “I believe the holding provides a bright line rule that will do nothing but help creditors, trustees and debtors identify and establish the true extent of the debtor’s exemptions,” Mr. Birney said. The Supreme Court’s ruling stated that to ensure the full market value of an asset is exempted from a bankruptcy filing, the debtor should unambiguously declare the exemption as equal to 100 percent of the fair market value of the asset.

      • February 2, 2010

        Robinson & Cole Attorneys Elected to Board of Directors of Turnaround Management Association’s Connecticut Chapter

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          Robinson & Cole Attorneys Elected to Board of Directors of Turnaround Management Association’s Connecticut Chapter

          Environmental and Utilities partner Richard M. Fil and Finance and Bankruptcy counsel Patrick M. Birney were recently elected to the board of directors of the Connecticut chapter of the Turnaround Management Association (TMA). It’s the only international nonprofit association dedicated to developing a stronger economy by restoring corporate value. TMA's Connecticut chapter membership is comprised of professionals from all segments of the corporate renewal industry, associates in government fields, academicians and students.

      • November 14, 2008

        Robinson & Cole Gains Over 30 Former Thelen Attorneys in Hartford, Connecticut and New York City

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          Robinson & Cole Gains Over 30 Former Thelen Attorneys in Hartford, Connecticut and New York City

          Robinson & Cole, a leading commercial law firm with more than 225 lawyers and eight offices in the Northeast and Florida, announced today that 9 partners and over 20 additional attorneys from Thelen LLP will be joining the firm. Click here to read press release.

      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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          78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

          78 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2024. Of the 78 lawyers from across the firm’s practice groups and offices named to the list, 57 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law. Approximately, the top 5 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 30th edition of The Best Lawyers in America®.

          Additionally, five lawyers were named Best Lawyers® 2024 “Lawyer of the Year” in the following offices, in the noted practice areas:

          Hartford, CT – Best Lawyers® 2024 “Lawyer of the Year”

          Jacqueline Pennino Scheib – Trademark Law

          Michael R. Enright – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

          Theodore J. Tucci – Insurance Law

          Boston, MA – Best Lawyers® 2024 “Lawyer of the Year”

          Michael S. Giaimo – Land Use and Zoning Law

          Stamford, CT – Best Lawyers® 2024 “Lawyer of the Year”

          Patricia D. Weitzman – Health Care Law and Litigation-Health Care

          A Best Lawyers “Lawyer of the Year” designation is awarded to one lawyer in each of various high-profile specialties in large legal communities. These particular lawyers received the highest ratings among their peers for their abilities, professionalism, and integrity.

          The fourth edition of Best Lawyers: Ones to Watch® in America was also released, which includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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          74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

          74 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2023. Of the 74 lawyers from across the firm’s practice groups and offices named to the list, 54 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law insurance law and construction litigation. Only the top 5.3 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

          Additionally, the following five lawyers were named the Best Lawyers® 2023 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Brian R. Smith in Land Use and Zoning Law, Christine E. Bromberg in Tax Law, James P. Ray in Litigation – Environmental, Joey Lee Miranda in Energy Regulatory Law, Norman H. Roos in Banking and Finance Law, Rachel V. Kushel in Employment Law – Management, Theodore J. Tucci in  Health Care Law and Virginia E. McGarrity – in Employee Benefits (ERISA) Law.

          The third edition of Best Lawyers: “Ones to Watch” was also released, includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

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      • March 3, 2022

        Robinson+Cole Advises Official Committee of Unsecured Creditors in Chapter 11 Mallinckrodt plc Case

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          Robinson+Cole Advises Official Committee of Unsecured Creditors in Chapter 11 Mallinckrodt plc Case

          Robinson+Cole represents the Official Committee of General Unsecured Creditors (Creditors’ Committee), in the Mallinckrodt plc Chapter 11 proceedings, which are pending in the U.S. Bankruptcy Court for the District of Delaware. On March 2, 2022, U.S. Bankruptcy Court Judge John Dorsey entered the Order confirming the global pharmaceutical company’s reorganization plan, including the settlement supported by the Creditors’ Committee and approved by an overwhelming majority of the company’s general unsecured creditors. Read more in the press release.

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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          65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

          65 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2022. Of the 65 lawyers from across the firm’s practice groups and offices named to the list, 49 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

          Additionally, the following five lawyers were named the Best Lawyers® 2022 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Patrick M. Birney in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Michael F. Maglio in Banking and Finance Law, Robert S. Melvin in Environmental Law, Joey Lee Miranda in Energy Law and Jacqueline Pennino Scheib in Trademark Law. Peter V. Lacouture was also named a Best Lawyers® 2022 “Lawyer of the Year” in Providence, Rhode Island in the area of Energy Law.

          The second edition of Best Lawyers: “Ones to Watch” was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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          47 Robinson+Cole Lawyers Recognized in Super Lawyers®

          A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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          61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

          61 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2021. Of the 61 lawyers from across the firm’s practice groups and offices named to the list, 46 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

          Additionally, the following six lawyers were named the Best Lawyers® 2021 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Michael R. Enright in Litigation – Bankruptcy, Gregory R. Faulkner in Litigation – Construction, Virginia E. McGarrity in Employee Benefits (ERISA) Law, Joey Lee Miranda in Environmental Law, James P. Ray in Litigation – Environmental and Theodore J. Tucci in Health Care Law. Michael S. Giaimo was also named a Best Lawyers® 2021 “Lawyer of the Year” in Boston, Massachusetts, in the area of Land Use and Zoning Law.

          The inaugural edition of Best Lawyers: Ones to Watch was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

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      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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          52 Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 52 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2019. In addition, 32 attorneys at the firm were recognized as “Rising Stars.”

          The following lawyers were named to the Top 50: 2019 Connecticut Super Lawyers list: Denis C. Cavanaugh, Gregory R. Faulkner, Linda L. Morkan, Todd R. Regan, and Jeffrey J. White. Linda also appears on the Top 25: 2019 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

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          57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

          57 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2020. Of the 57 lawyers from across the firm’s practice groups and offices named to the list, 44 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law, insurance law, and litigation-construction.

          Additionally, the following four lawyers were named the Best Lawyers® 2020 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Thomas P. Cody in Real Estate Law, Michael R. Enright in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, John B. Lynch Jr. in Mergers and Acquisitions Law, and Theodore J. Tucci in Insurance Law. Kathleen M. Porter was also named a Best Lawyers® 2020 “Lawyer of the Year” in Boston, Massachusetts, in the area of Information Technology Law. Read more in the press release.

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      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 56 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2017. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 29 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

          See the list of included lawyers in the news release.

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      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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          Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

          Fifty-nine Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2018 (Copyright 2017 by Woodward/White, Inc., of Aiken, SC). Of the 59 lawyers from across the firm’s practice groups and offices named to the list, 49 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state.

          Additionally, the following six lawyers were named the Best Lawyers® 2018 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Dennis C. Cavanaugh in Litigation – Construction; Stephen E. Goldman in Insurance Law; Stuart D. Rosen in Litigation – Banking and Finance; Edward J. Samorajczyk Jr. in Securities / Capital Markets Law; William T. Sellay in Mergers and Acquisitions Law; and Theodore J. Tucci in Health Care Law.

          See a complete listing of all Robinson+Cole's ranked lawyers in the press release.

        • View article
      • July 25, 2017

        Robinson+Cole Involved in Award Winning International M&A Deal

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          Robinson+Cole Involved in Award Winning International M&A Deal

          A team of lawyers from Robinson+Cole’s Bankruptcy and Creditors' Rights Group are among those involved in a deal that has received four awards from the M&A Advisor, a premier global network of M&A, turnaround, and finance professionals. All of the distinctions were presented in recognition of the work Robinson+Cole performed on the Chapter 11 bankruptcy case of O.W. Bunker, one of the world's largest suppliers of fuel oil to the shipping industry. Read more in the press release.

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      • November 29, 2016

        Robinson+Cole Recognized for Work on “Deals of the Year”

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          Robinson+Cole Recognized for Work on “Deals of the Year”

          The M&A Advisor, a premier global network of M&A, turnaround, and finance professionals, recognized Robinson+Cole with two awards during the 15th Annual M&A Advisor Awards, held at the New York Athletic Club on November 9. The first award presented to the firm was in the Restructuring Deal of the Year (Over $100MM) category, and the second award received by the firm was in the Private Equity Deal of the Year (From $10MM - $25MM) category. Accepting the awards on behalf of the firm were Patrick M. Birney and Michael R. Enright for Restructuring Deal of the Year.

          Read more in the press release.

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 51 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2016. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 23 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

          See the list of included lawyers in the news release.

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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          Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

          Robinson+Cole was again recognized as having the highest number of Connecticut lawyers selected by their peers for inclusion in The Best Lawyers in America© 2017 (Copyright 2016 by Woodward/White, Inc., of Aiken, SC). Across the firm’s practice groups and offices, 57 lawyers were named to this year’s list, including 47 in Connecticut.

          Additionally, the following four lawyers were named the Best Lawyers® 2017 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Dennis C. Cavanaugh in Construction Law; Judith M. Keppelman  in Litigation – Trusts and Estates; Linda L. Morkan in Appellate Practice; and Edward J. Samorajczyk Jr. in Corporate Law.

          See a complete listing of all Robinson+Cole's ranked lawyers in the news release.

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 54 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2015. The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.
          In addition, 21 attorneys at the firm were recognized as “Rising Stars.” Read an explanation of the Super Lawyers methodology here. See the list of included lawyers in the news release.

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      • April 8, 2015

        Robinson+Cole Lawyer Patrick Birney Elected Vice Chair of Connecticut Lottery Corporation's Board

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          Robinson+Cole Lawyer Patrick Birney Elected Vice Chair of Connecticut Lottery Corporation's Board

          Connecticut Senate Minority Leader Leonard Fasano has reappointed Robinson+Cole lawyer Patrick M. Birney to the Connecticut Lottery Corporation's (CLC) Board of Directors, and the board unanimously elected him vice chair at its most recent board meeting. Mr. Birney has been a member of the CLC Board of Directors since October 2007 and previously served as chair of its Finance Committee. Read more in the press release here.

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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          Robinson+Cole Lawyers Recognized by Super Lawyers

          A total of 54 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and New York for 2014.The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 21 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          To see the recognized attorneys and their areas of practice, click here.

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      • November 21, 2013

        Connecticut Coalition Against Domestic Violence Names Six Robinson & Cole Lawyers Among its “First 100”

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          Connecticut Coalition Against Domestic Violence Names Six Robinson & Cole Lawyers Among its “First 100”

          The Connecticut Coalition Against Domestic Violence (CCADV) honored six Robinson & Cole lawyers among its "First 100" at a breakfast ceremony on November 19, 2013. Benjamin B. Adams, Patrick M. Birney, J. Tyler Butts, Edward J. Heath, Kristopher I. Moore, and Jonathan H. Schaefer were among the male leaders from across Connecticut recognized for making a difference and standing committed to raising awareness of the availability of, and access to, domestic violence services.

          WTNH Channel 8 News interviewed Ed Heath at the ceremony. Watch the clip here.

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      • November 7, 2013

        Connecticut Legal Services Honors Robinson & Cole for Pro Bono Domestic Violence Restraining Order Program

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          Connecticut Legal Services Honors Robinson & Cole for Pro Bono Domestic Violence Restraining Order Program

          Connecticut Legal Services honored Robinson & Cole at its annual meeting on October 29, 2013, for the firm's Domestic Violence Restraining Order (DVRO) Program. The recognition was presented on behalf of the board, staff, and clients of Connecticut Legal Services, Inc. to Robinson & Cole for its "innovative and successful efforts to create the Pro Bono Restraining Order Project benefitting victims of domestic violence who seek relief from the Middletown Court." The efforts of 11 Robinson & Cole lawyers, who have provided over 550 hours of pro bono service through the DVRO Program, have made the following legal representation possible: 50 engagements initiated, 17 ex parte applications and affidavits completed, and 33 evidentiary hearings held.
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      • August 30, 2013

        Patrick Birney Elected to Hartford County Bar Association’s Board of Directors

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          Patrick Birney Elected to Hartford County Bar Association’s Board of Directors

          The Hartford County Bar Association has elected Robinson & Cole lawyer Patrick M. Birney to its Board of Directors. The Hartford County Bar Association is a not-for-profit association of more than 2,000 lawyers and judges in Hartford County. It is dedicated to promoting public service and advancing the principles of law and justice while upholding and improving the professional standards of the legal profession. Established in 1783, it is reputed to be the oldest continuously operated bar association in the country.
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      • January 11, 2011

        Robinson & Cole Elects New Partners

    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under the Bankruptcy Code’s New Subchapter V" co-authored with Leslie J. Levinson and Annecca H. Smith (11/17/2020)

      "Distressed Investors' Unexpected Tool: Understanding the Small Business Reorganization Act and Changes Related to the CARES Act" co-authored with Endicott (Kit) Peabody IV and Leslie J. Levinson

      "Financially Distressed Businesses: Revisiting the Business Judgment Rule and the Entire Fairness Doctrine" co-authored with Shant H. Chalian

      "Bankruptcy Sale Order Won't Protect New GM from Ignition Switch Claims Due to Deficient Notice" co-authored with Michael R. Enright and Steven J. Boyajian