Rafael X. Zahralddin

Shareholder

Rafael X. Zahralddin-Aravena is a business lawyer and litigator with significant experience advising businesses in corporate and commercial litigation, insolvency, distressed M&A, compliance, corporate formation, corporate governance, commercial transactions, cyber law, regulatory actions, and cross-border issues. In 2007, he founded the firm’s Wilmington, Delaware office which specializes in business law and litigation in all federal and state courts, as its first Managing Shareholder.

Rafael X. Zahralddin

Legal Experience That Stands Out

Rafael represents clients in all aspects of bankruptcy and restructuring and has deep experience in international commercial law issues, including cross-border insolvency. He has also worked for two decades with early stage companies and venture capitalists and private venture funds as both a transactional lawyer and a corporate litigator. He is a business lawyer who works with companies on all aspects of commercial transactions and on compliance. He is a Six Sigma Green Belt and has lectured and trained in-house lawyers and outside law firms in legal project management, lean practices, and Six Sigma application to value-added provision of legal services.

He is an extensive writer and lecturer. He is the Co-Editor of and author of several chapters in the American Bar Association’s Reorganizing Failing Businesses (3rd Edition Rafael X. Zahralddin and Megan Adeyemo, eds.) (August 2017) where he co-authored the chapters on “Creditor and Equity Committees,” “Prepackaged Chapter 11 Case Considerations and Techniques,” “Fiduciary Duties Of Directors Of Financially Troubled Corporations,” and “Collective Bargaining Agreements, Employee Benefits, and Executive Compensation.”

He was a founding faculty member and Associate Professor for five years at Chapman University School of Law in Orange, California. Prior to becoming a tenure track professor, Rafael was a senior writing fellow at Georgetown University Law Center. He clerked for the Hon. Samuel L. Bufford of the U.S. Bankruptcy Court for the Central District of California.

Rafael has served as an appointed member of the New Castle County Historic Review Board since 2010. A former player and board member of an eight-time national championship rugby club, Rafael is a current board member of the National Small College Rugby Association, the largest collegiate rugby conference in the country, and a multi-year sponsor of the nationally televised Penn Mutual Collegiate Rugby Championships held in Talen Energy Stadium in Philadelphia. He was formerly the chair of the Army Navy Rugby Match also held in Philadelphia.

Alignable Badge for Rafael Zahralddin

Publications

Law Review Articles / Books

  • Reorganizing Failing Businesses, American Bar Association, (3rd Edition Rafael X. Zahralddin and Megan Adeyemo, eds.) (August 2017)
  • Co-author of the following chapters:
    • Chapter 7 “Creditor and Equity Committees”
    • Chapter 13 “Prepackaged Chapter 11 Case Considerations and Techniques”
    • Chapter 17 “Fiduciary Duties Of Directors Of Financially Troubled Corporations”
    • Chapter 25 “Collective Bargaining Agreements, Employee Benefits, And Executive Compensation”
  • Year in Review, International Legal Education, 35 THE INT’L LAWYER 793 (2001)
  • Year in Review, International Legal Education, 34 THE INT’L LAWYER 817 (2000)
  • Free Trade Agreements, Chile, and the Entrepreneur, 5 SW. IL. & TRADE AM. 273 (1998) (Symposium)
  • Chile & Singapore: Individuality and the Collective, A Comparison, 12 EMORY INT’L L. REV. 739 (1998)
  • Chilean Accession to NAFTA: US Failure and Chilean Success, 23 N.C. J. INT’L L. & COM. REG. 53 (1997)
  • Development in South Africa for Venture Capital, The Challenges and Opportunities for the Enterprise Fund for Southern Africa, 15 BERKELEY J. INT’L L. 62 (1997)
  • The Difficulty of Enforcing Laws in the Extraterritorial Internet, 1 NEXUS 99 (w/ J. Alec French, Esq.) (1996)
  • Venture Capital Opportunities and Mexican Telecommunication After the Passage of the NAFTA and Ley de Inversion Extranjera, 20 DEL. J. CORP. L. 899 (1995) (w/ C. Todd Jones, Esq.)
  • The Securities and Exchange Commission’s 1992 Proxy Amendments: Questions of Accountability, 14 PACE L. REV. 459 (1994) (w/ Evan Calio, Esq.)
  • Note, The Effect of Broad Patent Scope on the Competitiveness of US Industry, 17 DEL. J. CORP. L. 949 (1993)

Bar Journals and Professional Periodicals

  • Wildfires, Renewable Resources, and Chapter 11: The Latest in the PG&E Story. (ABA Business Law Today July 29, 2019)
  • Tax Implications in Structuring Employee Settlements in Bankruptcy. (ABI Journal February 2015)
  • Bankruptcy Roundtable. Financier Worldwide Magazine. (July 2014)
  • A Rock and a Hard Place: The Tension between Disclosure and Ethical Restrictions on Disclosure of Privileged Information or Litigation Strategy. (ABI Journal March 2014)
  • Bankruptcy Roundtable. Financier Worldwide Magazine. (July 2013)
  • Shattered: Vitro SAB de CV, Chapter 15 and § 1507 (ABI Journal February 2013)
  • Chapter 15 Allows Court to Recognize Solution to Tax Return Issue (ABI Journal February 2011)
  • Limitations to Bankruptcy Alternatives: Successor Liability, The Uniform Fraudulent Transfer Act, Piercing the Corporate Veil and Persistent Liabilities (ABI Conference Materials August 2010)
  • Using NOLs to Stabilize the Economy (ABI Journal March 2010)
  • Unauthorized or Authorized Practice of Law by Transactional Out-of-State Lawyers in Delaware? (ABI Journal May 2008)
  • Innovations in an International Commerce and Trade Law Course: Negotiating Your Syllabus and Experimenting with Group Dynamics, (Teaching International Law Newsletter 2000)
  • International Business Law and the Minority Law Student, CAREERS & THE MINORITY LAWYER, (Spring 1999)
  • World Scan, News Scan (Columns), ALTERNATIVE HEALTHCARE MAGAZINE, (Fall-Winter 1998)
  • Chile, Free Trade and Environmental Regulation, with or without the US? ORANGE COUNTY LAW, 2/97, at 19
  • Civility, Responsibility and Professionalism, ORANGE COUNTY LAW. 11/96, at 14 (w/ Nancy Schultz)
  • Victims’ Rights: Are Prosecutors Inadvertently Setting a Poor Example? ORANGE COUNTY LAW, 4/96, at 12
  • The Model for Competitive Regulation: The Chilean Multicarrier System, LATIN AMER.TELECOM Rep., 11/94, at 1
  • Interview: Jorge Rosenblut, Subsecretary of Telecom, Republic of Chile, LATIN AMER. TELECOM Rep., 9/94 at 1

Edited, researched, and drafted materials in connection with:

  • Los Angeles County Ethics 2000 Liaison Committee (Multi-Disciplinary Practice)
  • CEELI Advisory Committee on Ukraine Commercial Law Development
  • State Department Advisory Committee on International Insolvency (UNCITRAL)
  • Judge Samuel L. Bufford, et al., International Insolvency (Federal Judicial Center 2001)
  • ABA 2004 Annual Meeting, Nashville, Tenn. program on Fee Applications in Bankruptcy Court
  • National Conference of Bankruptcy Judges 2005, San Antonio, TX, ABA Subcommittee on Executory Contracts & Unexpired Leases program on Statutory Amendments Affecting Retention of Investment Bankers, Professional Liability and Committee Disclosure of Information Amendments to Bankruptcy Code
  • American Bankruptcy Institute, 2nd Annual Mid-Atlantic Bankruptcy Workshop, The Swing of the Pendulum: Chapter 11 after BAPCPA Commercial Leases
  • Presentation to the ALFA Group on the amendments to the United States Bankruptcy Law (2006)

Speaking Engagements

  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Internal Investigations-101”(February 2019)
  • Moderator, Wilmington, DE — Delaware State Bar Association International Section and World Trade Center of Delaware Program “Cross Jurisdiction Enforcement: Getting Paid When the Money is Overseas” (November 2018)
  • Moderator, New York, NY — American Bankruptcy Institute Cross-Border Insolvency Program “Blockchain and Cross-Border Insolvency” (November 2018)
  • Speaker, Tucson, AZ — Transportation Revenue Management Group Fall Conference “The Legal Issues Surrounding Blockchain: How Will They Affect the Transportation Industry?” (October 2018)
  • Panelist, Amelia Island, FL — American Bankruptcy Institute Southeast Bankruptcy Workshop “The Curious Case of the LLC: Often Used, but Rarely Understood” (July 2018)
  • Speaker, Wilmington, DE — Federation of Credit and Financial Professionals Webinar ― “Overview of Distressed Mergers Acquisitions Market in Bankruptcy” (May 2018)
  • Panelist, Wilmington, DE — Delaware State Bar Association E-Discovery and Technology Law Section and the International Law Section event “The Impact of New International Privacy Laws on Your Discovery Practice” (April 2018)
  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Data Privacy Compliance”(November 2017)
  • Speaker, Pittsburgh, PA — 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, Hunt Valley, MD — Federation of Credit and Financial Professionals Education Event ― “Export Controls and Regulatory Compliance” (November 2017)
  • Moderator, New York, NY — American Bankruptcy Institute Cross Border Insolvency Program ― “Inter-Court Communications” (November 2017)
  • Speaker, Fort Lauderdale, FL — Credit Research Foundation Credit & A/R Forum ― “‘Behind Closed Doors’ – What Role Does a Bankruptcy Judge Play” (October 2017)
  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Foreign Corrupt Practices Act Compliance” (October 2017)
  • Speaker, Nashville, TN — National Association of Credit Management Northwest National Apparel & Footwear Credit Association ― “Preparing for Retail Bankruptcy Cases” (September 2017)
  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Executive Compensation” (May 2017)
  • Speaker, Providence, RI — National Association of Credit Management Northwest National Apparel & Footwear Credit Association ― “Chapter 11 Bankruptcy Sales” (May 2017)
  • Speaker, Lafayette Hill, PA — Federation of Credit and Financial Professionals ― FCFP Credit and Accounts Receivable Professional Retreat Day “Contract Law” (April 2017)
  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Securities Law Compliance” (April 2017)
  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Internal Investigations-101”(February 2017)
  • Moderator, Wilmington, DE — Financial Poise Webinar and West LegalEdcenter® course “Overview of General Corporate Law Compliance” (January 2017)
  • Speaker, Wilmington, DE — Federation of Credit and Financial Professionals “What a Credit Professional Should Know About Contracts” (January 2017)
  • Moderator, New York, NY ― American Bankruptcy Institute Cross-Border Insolvency Program “Caribbean ― Resort Insolvencies” (November 2016)
  • Speaker, Montvale, NJ ― Federation of Credit and Financial Professionals ― FCFP Credit and Accounts Receivable Professional Retreat Day “Protecting Sensitive Information” (November 2016)
  • Speaker, Wilmington, DE ― National Association of Corporate Directors In Conversation with Former Chief Justice Myron Steele: “Key Issues in Corporate Governance” (November 2016)
  • Speaker, Baltimore, MD ― Forius National Association of Credit Management North Central “Canadian Bankruptcy Laws and Cross Border Insolvency” (November 2016)
  • Panelist, Washington, D.C. ― Minority Corporate Counsel Association ― Creating Pathways to Diversity Conference “Blueprint for Selling and Buying: Creating Professional Success for Outside and In-House Counsel” (July 2016)
  • Speaker, Hunt Valley, MD ― Federation of Credit and Financial Professionals ― FCFP Professional Retreat Day “Preventing and Defending Against Preference Actions in Customer Bankruptcies” (May 2016)
  • Speaker, Savannah, GA ― National Association of Credit Management ― Transportation Revenue Management Group “Bankruptcy Legal Update and Best Practices to Keep You Ahead of the Curve: Fraudulent Conveyance Bankruptcy Litigation”(April 2016)
  • Speaker, Scottsdale, AZ ― National Association of Credit Management ― National Apparel & Footwear Credit Association“Introduction to Unclaimed Property and Risk Mitigation in Accounts Receivable” (November 2015)
  • Panelist, Philadelphia, PA ― Philadelphia Bar Association ― Young Lawyers Division “Non-profit Startups: Guiding a Non-profit from Idea to Reality” (June 2015)
  • Panelist, San Francisco, CA ― American Bar Association Business Law Section Spring Meeting; in-house counsel section “Get Lean, Add Value: Lean Six Sigma Principles for Every Legal Department and How to Do More with Less” (April 2015)
  • Moderator & Panelist, San Antonio, TX ― HNBA Corporate Counsel Conference “Future Shock: What will Law Departments and Practice Areas Look like by 2025” (March 2015)
  • Panelist, Wilmington, DE ― Financial Poise Webinar and Commercial Law League of America “Creditor Boot Camp: Bankruptcy of a Customer/Client/Tenant” (February 2015)
  • Moderator & Panelist, La Quinta, California ― American Bankruptcy Institute’s 26th Annual Winter Leadership Conference “Resolving Tax Issues in Bankruptcy Court” (December 2014)
  • Panelist, Philadelphia, PA ― Pennsylvania Bar Institute’s 20th Annual Bankruptcy Institute “Directors’, Officers’ and Advisors’ Liability” (November 2014)
  • Panelist, Philadelphia, PA ― Pennsylvania Bar Institute’s 19th Annual Bankruptcy Institute “Trends in Commercial Bankruptcy” (October 2014)
  • Moderator, Chicago, IL ― National Conference of Bankruptcy Judges (NCBJ) ― “Is There Room in the Chapter 11 Ark for Trustees, Examiners, Receivers, and CROs?” (October 2014)
  • Presenter, Chicago, IL ― International Food Manufacturers Credit Group (IFM) ― “Trade Credit in Brazil and Mexico, Navigating Creditor’s Rights and Insolvency” (September 2014)
  • Panelist, Minneapolis, MN – Turnaround Management Association Mid-America Regional Conference ― “The New Frontier: U.S. Distressed Investing in China” (September 2014)
  • Panelist, Amelia Island, FL ― American Bankruptcy Institute 19th Annual Southeast Bankruptcy Conference ― “Employment and Benefits in Chapter 11” (July 2014)
  • Panelist, Wilmington, DE ― Financial Poise Webinar and Commercial Law League of America “Professional Responsibility in Bankruptcy Cases” (June 2014)
  • Panelist, Wilmington, DE ― Financial Poise Webinar and Commercial Law League of America “Anatomy of a Preference Litigation” (June 2014)
  • Panelist, Wilmington, DE ― Latin American Law Students Association & Black Law Students Association ― “Being Diverse in the Legal Profession” (April 2014)
  • Panelist, Ft. Lauderdale, FL ― CRF Credit & Accounts Receivable Open Forum ― “Unclaimed Property Policies and Procedures: Risk Mitigation in Accounts Receivables” (October 2013)
  • Lecturer, Kansas ― Transportation Revenue Management Group 2013 Fall Conference ― Making the Connection ― Wisdom Gained and Suit Has Been Filed ― Result: WE WIN Settlement!! Reality ― Now, How Do We Get Your Judgment? (October 2013)
  • Moderator/Panelist, Colorado ― Hispanic National Bar Association Annual Convention “Is it Good to be King: The Ethical Challenges of Being In Charge” (September 2013)
  • Presenter, Delaware Manufacturing Extension Partnership, Lunch and Learn Series: NDAs and Letters of Intent (April 2013)
  • Moderator/Panelist, GA ― Hispanic National Bar Association Corporate Counsel Conference “Advising Distressed Businesses and Business Bankruptcy (March 2013)
  • Moderator/Panelist, NJ: Gateway to America HNBA 3rd Annual Midyear Corporate Counsel Conference CLE: “International Insolvency: What to do When the Unexpected Happens” (March 2012)
  • Lecturer/Panelist, ABI’s 8th Annual Mid-Atlantic Bankruptcy Workshop “Down for the Count: Sports teams, Franchises and Bankruptcy” (August 2012)
  • Panelist, ABI’s 17th Annual Southeast Bankruptcy Workshop “And Your Shoe Size, Please.” Additional Fee Disclosures in Bankruptcy: What’s Next? (July 2012)
  • Lecturer, Delaware Manufacturers Extension Program’s Delaware ExporTech (international growth strategy) (September 2011)
  • Panelist, 36th Annual Hispanic National Bar Association Convention (HNBA) Corporate Compliance and Business Ethics Panel (September 2011)
  • Program Chair/Moderator, ABA Business Bankruptcy’s Committee Chapter 11 Luncheon Bank Holding Company Insolvencies: Is the Grass Greener? (April 2011)
  • Panelist, ABI’s 6th Annual Mid-Atlantic Bankruptcy Workshop “Anything but Bankruptcy!”, Redux (August 2010)
  • Panelist, 22nd Annual ABI Winter Leadership Conference Bankruptcy Litigation/International: Litigation Issues in CrossBorder Cases (October 2010)
  • Panelist, ABA Section of Business Law Winter Meeting, “Diligencing and Structuring Transactions with Creditor-Challenged Parties” (November 2010)
  • Program Chair/Author, ABA Business Law Section Bankruptcy Committee Fall Meeting “Practicing What You Plead: Pleading Practicalities in the Post Twombly, Iqbal, and Caremerica World” (October 2010)
  • Moderator/Panelist, HNBA 2010 Inaugural Corporate Counsel Conference “Government Oversight Under the Obama Administration” (April 2010)
  • Host/Moderator, Elliott Greenleaf and American Bar Association Roundtable “Are Genes Patentable?” (Jan. 2010)
  • Panelist, 10th Anniversary of DuPont Minority Counsel “Inside the Minds of MCN Alumni and Chief Legal Diversity Officers”(July 2008)
  • CLE Moderator/Organizer, DuPont Minority Counsel Conference, Planning Committee and CLE Privacy Panel ― Security Breaches and E-mail Monitoring (June 2007)
  • Presenter, CLE, Delaware Bankruptcy Inns of Court, A Review of Objections by the United States Trustee to Professional Retention Since the Passage of the New Bankruptcy Act (Spring 2007)
  • Organizer/Presenter, CLE, Delaware Bankruptcy Inns of Court, Questions and Answers on Committee Appointment and Disclosure issues under the new Bankruptcy Act (Spring 2006)
  • Organizer/Moderator, CLE, Delaware Bankruptcy Inns of Court, Supreme Court Mock Argument Program on Intervention and Derivative Standing to Pursue Avoidance Actions (Spring 2005)
  • Presenter, CLE, Delaware Bankruptcy Inns of Court, Mock Argument for the United States Trustee, advocate and researcher and editor of materials for program on Prepetition Solicitation and Pre-negotiated Bankruptcies (Spring 2004)
  • Panelist/Presenter, CLE, Delaware Bankruptcy Inns of Court, Presented position of Committee Counsel on panel chaired by District Court Judge Roderick McKelvey on Dynamics in Bankruptcy Court amongst Different Constituencies (Spring 2003)
  • Lecturer, Minority Lawyers Section of Delaware Bar, Bar Preparation Course, Essays and the Multistate Performance Test (Summer 2002, Summer 2006)
  • Lecturer, CLE, Delaware Bar Association Real Estate Section Annual Meeting, The Intersection between Bankruptcy and Real Estate Law, Recent Trends (April 2001)
  • Panelist, Paper Presenter, Law & Entrepreneurship Research Conference, Northwestern School of Law of Lewis and Clark College, (October 2000)
  • Assessment, CEELI, Draft 3201, Law of Ukraine on Derivative Securities (February 2000)
  • Panelist, Organizer, 2000 Spring Meeting, ABA International Law and Practice Section, Deans’ Roundtable on International Law Teaching and Reactions from the Academy and the Bar
  • Panel Organizer, ASIL 94th Annual Meeting Teaching International Law Panel (Practice Skills/Int’l Law)
  • Moderator, ASIL 93rd Annual Meeting Teaching International Law Panel (Main Streaming International Law)
  • Panel Organizer, ASIL 92nd Annual Meeting Panel Teaching International Law Panel (Innovations in Teaching International Law)
  • Lecturer, Orange County Bar Assoc., Int’l Law Sect., MCLE, Dec. 7, 1998 (Int’l Law and the Internet)
  • Presentation Author, Inter-American Bar Assoc., Legal Ed. Comm., Conf. XXXIII, Rio de Janeiro 1997 (Multi-disciplinary Practice)
  • Lecturer, Orange County Bar Assoc., Int’l Law Sect., MCLE, February 17, 1997 (Free Trade and Latin America)

Representative Matters

  • Special litigation counsel in the 2008 Washington Mutual chapter 11, the largest bank insolvency in U.S. history which resulted in a $7 billion settlement with the FDIC and JPMorgan.
  • Lead Counsel for Official Committee of Long Term Disability Participants in the Nortel bankruptcies, in which he secured a settlement of more than $50 million for the company’s permanently disabled former employees.
  • Lead Counsel for the Voluntary Employee Benefit Association of Former Nortel Disabled Employees where he was able to coordinate and negotiate a settlement plan and favorable Internal Revenue Service private letter ruling that saved his clients $2.6 million.
  • Counsel in Delaware Chancery and the United States Bankruptcy Court for The Sovereign Government of Nevis a/k/a The Nevis Island Administration.
  • Counsel to various parties in cross-border bankruptcies, including foreign representatives in chapter 15 matters in Grant Forest Products and Primus Telecommunications.
  • Counsel to various entities in some of the largest retail bankruptcies in the last twenty years including debtors, landlords, private equity funds and one of the largest fast food retailers in the world.
  • Lead Counsel for the equity committee in the AgFeed chapter 11 bankruptcy, a publicly traded company which was the result of Chinese reverse merger that resulted in the successful sale of U.S.-based assets, assets in China, and a global settlement with the company, secured creditors, SEC, class action plaintiffs, and unsecured creditors which resulted in a successful distribution to shareholders in an insolvent company that had little hope of recovery due to massive securities fraud in the U.S. and China.
  • Co-Counsel to the Unsecured Creditors Committee in the Norwood bankruptcies, which resulted in 100 percent recovery for unsecured creditors.
  • Counsel to various Fortune 500 technology- and science-based companies with issues in bankruptcy involving protection of intellectual property rights and key strategic partnerships.
  • Counsel to various transportation and logistics companies in bankruptcy; as defense counsel in bankruptcy litigation including more than forty national trucking and transportation companies sued for fraudulent transfers in the Transvantage bankruptcy, Rafael attained nuisance settlements or dismissals for all the firm’s clients in the litigation.
  • Lead Counsel to the Official Committees of Unsecured Creditors in the transportation bankruptcies of IPS Worldwide and New England Motor Freight. IPS involved a fraudulent logistics company scheme with losses in excess of $100 million and which required investigation and recovery of assets domestically and cross border. New England Motor Freight involved the largest rolling stock auction in the last thirty years and the going concern sales of two premium service regional truckload carriers.
  • Counsel to various companies in the building trades, including national bankruptcy counsel to one of the largest roof and building materials companies in the world.
  • Counsel to various oil and gas industry companies, including one of the largest worldwide petroleum companies, in issues involving both upstream and downstream sectors, in bankruptcy matters, and matters involving shipping and maritime law.
  • Co-Counsel to the Official Committee of Unsecured Creditors in the Philadelphia Energy Solutions bankruptcy working to keep open the largest oil and diesel refinery in the eastern United States with special attention to issues of national security, labor issues, environmental issues, and related operations.
  • Counsel to various officers and directors in disputes over governance issues and disputes representing private equity firm directors, the c-suite, and founders.
  • Counsel to venture capital funds and private equity funds, notably in the block chain and distributed ledger technology, healthcare, transportation/logistics, energy, telecommunications, manufacturing, consumer products, and building products industries.
  • Counsel to various nonprofits, including service as a general counsel to a national nonprofit trade group, in all aspects of operations, including employment (volunteer and employee handbook), governance, and leading the wind-down under state law of two large nonprofits after a crisis resulted in insolvency.
  • Regulatory and compliance advice regarding various industries, including with the Food and Drug Administration, Justice Department, various agencies that govern import and export controls, Securities and Exchange Commission, and Federal Trade Commission.
  • Representation of multinationals in various cross-border issues, including complex commercial transactions in sales contracts, bailments, consignments, and various secured transactions in both supply chain issues and distribution contracts.
  • Representation of clients both inside and outside of bankruptcy regarding privacy laws and cybersecurity, including defense of class actions and related collateral attacks in business courts such as the Delaware Chancery Court against officers and directors.

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Education
  • Georgetown University Law Center, LL.M., 1995
  • Widener University School of Law, J.D., 1993
  • University of Virginia, B.S., 1989
Bar Admissions
  • Delaware
  • Pennsylvania
  • New York
  • California (inactive)
  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of Delaware
  • U.S. District Court, Eastern District of Pennsylvania
Honors and Awards
  • Selected by Philadelphia Inquirer readers and evaluated by expert panel judges who felt he shaped, changed and transformed the legal industry as a Philadelphia Inquirer 2019 Influencer of Law
  • Recognized as a Top 50 Latino Lawyer by Latino Leaders Magazine, December 2016, 2017, 2018
  • Martindale-Hubbell AV Preeminent Rating
  • Super Lawyers Top Rated Creditor Debtor Rights (2019)
  • Fellow of the American Bar Foundation (Membership limited to one percent of lawyers licensed to practice in each jurisdiction)
  • National Association of Corporate Directors Governance Fellow
  • American Bar Association, Business Law Section Fellow
  • Leadership Council on Legal Diversity 2015 Fellow
  • Minority Corporate Counsel Association “2014 Annual List of Rainmakers,” 15 lawyers selected by the MCCA every year and published in the MCCA Diversity and the Bar Magazine (December 2014)
  • Delaware State Bar Association Multicultural Judges and Lawyers, “Excellence in Community Service Award” (May 2016)
  • 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)” for the firm’s successful sale of AgFeed Industries, Inc. to Ningbo Tech Bank China (July 2014)
  • The 6th Annual International M&A Advisor “Agriculture Deal of the Year” for the firm’s successful sale of AgFeed Industries, Inc. to Ningbo Tech Bank China (July 2014)
  • 8th Annual Advisor Turnaround Award for “Sec. 363 Sale of the Year (Over $50mm to $100mm)” for the firm’s services during the successful sale of AgFeed USA to TriOak Foods and Smithfield/Murphy Brown (July 2014)
  • ACG and M&A Advisor Champions Award for “Consumer Deal of the Year (Under $50MM)” (July 2014)
  • Turnaround Atlas Awards ― AgFeed Chapter 11 Plan of Reorganization and sale of assets to Ningbo Tech Bank, TriOak Foods, and Smithfield/Murphy (June 2014)
  • M&A Advisor “Information Technology Deal of the Year (Under $250MM)” for the sale of Violin Memory, Inc. (March 2018)
  • M&A Advisor “Healthcare/Life Sciences Deal of the Year ($500MM)” for the sale of Orexigen Therapeutics, Inc.
Memberships
  • American Bar Association
    • Business Law Section, Business Bankruptcy Committee
      • Co-Chair, Business Bankruptcy Committee Task Force on Professional Fees (2012-2014)
      • Co-Chair, ABA Subcommittee for Trustees and Examiners (2011-2014)
      • Vice-Chair, ABA Subcommittee for Trustees and Examiners (2010-2011)
      •  Business Law Section Diversity Committee
      • Business Law Section Ambassadors, Fellows and Diplomats Committee
      • Business Law Section Ethics and Professional Responsibility Committee
      • Business Law Section, Cyberspace Law Committee
    • International Law Section
      • International Insolvency Committee (2002-2007)
      • Vice-Chair, Inter-American Law Committee (2001-2002)
      • Vice-Chair, International Legal Education Committee (1999-2001)
  • American Bankruptcy Institute
    • Co-Chair, International Committee (2017-2020)
    • Cross Border Conference Advisory Committee (2014-2019)
    • Co-Education Director, International Committee (2014-2015)
    • Newsletter Editor, International Committee (2012-2013)
    • Task Force Leader, International Committee (2010-2011)
    • Mid-Atlantic Conference Advisory Committee (2010-2011)
  • Philadelphia Bar Association 2018 and 2019 Commission on Judicial Selection and Retention Membership
  • Leadership Council on Legal Diversity
    • Fellows Executive Committee (2016-2017)
    • Outreach Co-Chair (2016-2017)
  • National Association of Corporate Directors
    • Governance Fellow
    • Philadelphia Chapter ― Delaware Advisory Board (2018)
  • Delaware State Bar Association
    • Co-Chair, International Law Section (2017-2019)
    • Vice Chair, International Law Section (2016-2017)
    • Nominating Committee (2011-2013)
    • Chair, Multicultural Judges and Lawyers Section (2008-2009)
    • Vice Chair, Multicultural Judges and Lawyers Section (2007-2008)
  • United States Secretary of State Advisory Committee on International Insolvency (2000-2003)
  • Hispanic National Bar Association
    • Executive Committee ― General Counsel (2014-2015)
    • Executive Committee ― Vice President of External Affairs (2013-2014)
    • Deputy General Counsel (2011-2015)
    • President for Region IV (2009-2010)
    • Regional Deputy for Region IV (2007-2008)
    • DHBA Representative to Board of Governors (2008-2013)
  • Delaware Hispanic Bar Association
    • President and Founding Member (2008-2010)
    • Treasurer (2012-Present)
  • Hispanic Bar Association of Pennsylvania
    • Advisory Board (2015-Present)
  • Delaware Bankruptcy Inn of Court (2002-2007) (Team leader and presentations various years)
  • Rodney American Inn of Court (2014-Present)
  • Turnaround Management Association
  • American Society of International Law
  • Credit Research Foundation, Friend of the Foundation