Eric M. Sutty

Shareholder

Eric M. Sutty is a business attorney with experience representing companies from formation through dissolution and every step in between. He advises companies in entity formation, mergers and acquisitions, commercial transactions, regulatory compliance, corporate bankruptcy, creditors’ rights, and commercial litigation.

Eric M. Sutty

Legal Experience That Stands Out

Eric is a frequent writer and presenter and is co-author of “United States Securities Laws Implications of Corporate Restructurings” in the American Bar Association’s Reorganizing Failing Businesses, (3rd Edition Rafael X. Zahralddin and Megan Adeyemo, eds.) (August 2017).

Eric represents committees, debtors, debtors-in-possession, secured lenders, unsecured creditors, and trustees in Chapter 11 proceedings. He also represents trustees in Chapter 7 proceedings and post-confirmation estates. He has significant experience in financial restructuring. He is also an experienced commercial litigator in the trial and appellate courts in Delaware and in the U.S. District Court.

Eric graduated from the College of William and Mary where he was a varsity football player and member of the Lacrosse Club. While earning his J.D. at the University of Baltimore School of Law, Eric served as Case Note Editor of the International Property Law Journal and received the Mark Geraci Student Tax Scholarship Award.

Eric is a past president and current member at large of his community association. He also volunteers as a youth lacrosse coach.

Publications

  • “United States Securities Laws Implications of Corporate Restructurings” in Reorganizing Failing Businesses, American Bar Association, (3rd Edition Rafael X. Zahralddin and Megan Adeyemo, eds.) (August 2017)
  • “Delaware’s Unclaimed Property Audit and SOS VDA Program,” Credit Research Foundation, December 2017
  • “Pension Protection Act Leaves Door Open: Bankruptcies Can Avoid Mass Pension Payouts,” The Bankruptcy Strategist, January 2007

Speaking Engagements

  • Speaker, National Association of Credit Management, Northwest North American Hardwoods Credit Association Meeting, “Contracts, VMI, and Consignment for Credit Managers: With a Special Case Study on Sports Authority,” November 2017
  • Speaker, Financial Poise Webinar and West LegalEdcenter® course, “Data Privacy Compliance,” November 2017
  • Speaker, National Association of Credit Management, Northwest National Apparel & Footwear Credit Association, “Preparing for Retail Bankruptcy Cases,” September 2017
  • Speaker, National Association of Credit Management, National Apparel & Footwear Credit Association, “Introduction to Unclaimed Property and Risk Mitigation in Accounts Receivable,” November 2015
  • Panelist, Pennsylvania Bar Institute’s 20th Annual Business Lawyers’ Institute, “Directors’, Officers’ and Advisors’ Liability,” November 2014
  • Speaker, Bastiat Society Meeting, “What Bankruptcy Means for a Business Owner,” Greenville, Delaware, Nov. 7, 2013
  • Speaker, CRF Credit and Accounts Receivable Open Forum Conference, “Unclaimed Property Policies and Procedures: Risk Mitigation in Accounts Receivable,” October 2013
  • Speaker, National Builders Group, Credit Research Foundation, “Defending Preferences for Construction Industry Defendants,” October 2013

Representative Matters

  • Counsel for the Official Committee of Long-Term Disabled Employees in the Nortel bankruptcy cases.
  • Counsel for the Official Committee of Equity Holders in the AgFeed bankruptcy cases.
  • Counsel to various plaintiffs in Delaware Chancery Court for numerous books and records actions that led to recoveries from foreign companies that failed to comply with reporting obligations.
  • Lead debtor’s counsel to Cherokee Simeon Venture I, LLC in Chapter 11 proceeding.
  • Lead bankruptcy counsel to the International Brotherhood of Teamsters Local No. 25 and the New England Teamsters and Trucking Industry Pension Fund in the Herald Media bankruptcy cases.
  • Representation of landlord and committee member in Papa Gino’s bankruptcy cases.
  • Delaware counsel to the Official Committee of Unsecured Creditors in the Orexigen Therapeutics bankruptcy cases.
  • Delaware counsel to the Official Committee of Unsecured Creditors in the Violin Memory bankruptcy cases.

Show More

News

Show More

Education
  • University of Baltimore School of Law, J.D., 2000, with honors
  • University of Baltimore Merrick School of Business, M.B.A., 2000
  • The College of William and Mary, B.A., 1994
Bar Admissions
  • Delaware
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of Delaware
Honors and Awards
  • The 13th Annual International M&A Advisor “Healthcare/Life Sciences Deal of the Year (Under $500MM)”
  • American Bar Association, Business Law Section Fellow
  • Turnaround Management Association National Award for “Large Company Transaction of the Year” (September 2014)
  • The 6th Annual International M&A Advisor “M&A Deal of the Year (Over $50mm to $75mm)”
  • The 6th Annual International M&A Advisor “Agriculture Deal of the Year”
  • 8th Annual Advisor Turnaround Award for “Sec. 363 Sale of the Year (Over $50mm to $100mm)”
  • ACG and M&A Advisor Champions Award for “Consumer Deal of the Year (Under $50MM)” (July 2014)
  • Turnaround Atlas Awards (June 2014)
  • M&A Advisor “Information Technology Deal of the Year (Under $250MM)” (March 2018)