Earl Forte represents a variety of clients in complex litigation matters, such as the following: · all aspects of commercial litigation in federal and state courts around the nation · bankruptcy-related litigation involving: jurisdictional disputes; fraudulent transfers; contractual disputes; valuation disputes; relief from the automatic stay; cash collateral disputes; debtor-in-possession financing; section 363 asset sales; plan confirmation; claim subordination; preferences; directors' and officers' liability; fraud; securities claims; and lender liability · consumer fraud, class actions, and related litigation · appellate matters in federal and state appellate courts Mr. Forte has received the highest possible rating from Martindale-Hubbell. Representative Matters · Creditors' committee in litigation relating to plan of reorganization in large gaming business. · Chapter 7 Trustee in multi-district litigation matter and bankruptcy disputes involving thoroughbred horses and oil and gas. · Private equity funds in competitive acquisitions in bankruptcy courts. · Creditors' committee in Chapter 11 case of major subprime mortgage lender; cash collateral and DIP financing dispute; Rule 2004 claims investigation re: potential fraudulent transfer and other claims. · Electric power generator in Chapter 11 case. Handled major litigation matter through trial with note holders involving the lease financing of a hydroelectric plant; also handled hearings for the sale of power generator's fossil fuel and hydroelectric plants. Represented power generator in contract litigation matters. · Creditors' committee in litigation related to significant corporate acquisition in the computer industry. Led investigation of potential director and officer and fraudulent transfer claims. Successfully brought four large consolidated preference actions to trial which required, among other things, litigation of the issue of the debtor's insolvency. · Mortgage lenders in litigation regarding RESPA, TILA, FDCPA, consumer fraud, and other claims; subprime mortgage litigation. · Creditors' committee in litigation relating to sale of a major airline's assets to another major airline. · Lease financier in litigation by world's largest manufacturer of lead-acid batteries regarding attempt to recharacterize finance leases on assembly line equipment as secured loans. · Creditors' committee in litigation over the sale of a steel manufacturer's assets to a third-party purchaser. · Major airline in Chapter 11 case in numerous litigation matters including litigation with aircraft lessor and aircraft manufacturer over rights to a fleet of A320 aircraft; also handled litigation with jet fuel suppliers, U.S. Department of Labor, equipment suppliers and managed over 200 preference actions, 12 of which were tried to judgment, one to a jury. · Lender in work out and lender liability claims with large office supply company. Community Service & Affiliations Mr. Forte served as the Treasurer to the Board of Trustees of Episcopal Community Services, a major social services organization in which he oversaw budgetary, financial, audit and liability insurance matters. He also chaired the Board's Finance and Property Committees and oversaw its Investment Subcommittee, which managed the agency's endowment. Mr. Forte served as a member of the board for 12 years. For three years, Mr. Forte also served as a member, including one year as Chair, of the Philadelphia County Hearing Committee to the Disciplinary Board of the Supreme Court of Pennsylvania, which hears and writes recommended decisions in disciplinary enforcement proceedings brought against attorneys. For four years, Mr. Forte taught as an adjunct professor of law at the Villanova University School of Law. Mr. Forte has lectured on matters relating to insolvency litigation both in the United States and abroad. Memberships Eastern District of Pennsylvania - Bankruptcy Bench State Bar of California Pennsylvania Bar Association Philadelphia Bar Association Racquet Club of Philadelphia Episcopal Community Services, Episcopal Diocese of Pennsylvania University of San Diego School of Law Events ISSUES FACING THE FINANCIAL EXPERT WITNESS
[Event]
CBIZ and Mayer Hoffman McCann P.C. 2011 Annual Conference
Las Vegas, Nevada
August 3-4, 2011
Earl M. Forte FIFTH ANNUAL EMERGING ISSUES FOR IN-HOUSE COUNSEL
[Event]
The Rittenhouse Hotel, Philadelphia, Pennsylvania
Wednesday, October 28, 2009
Grand Hyatt New York
Friday, November 6, 2009
W. Cameron Beard, Thomas E. Biron, Frank A. Dante, Earl M. Forte, Stephen E. Gross, Anthony B. Haller, et al. SUBPRIME MORTGAGE CRISIS ENFORCEMENT ACTIONS
[Event]
One Logan Square, Philadelphia, PA
September 25, 2008
Michael P. Broadhurst, Earl M. Forte, John E. Lucian, Joseph G. Poluka and Marc Rothenberg SUBPRIME MORTGAGE CRISIS ENFORCEMENT ACTIONS
[Event]
The Chrysler Building, New York City
May 21, 2008
Earl M. Forte, John E. Lucian, Joseph G. Poluka, Marc Rothenberg and James V. Masella III Publications THIRD CIRCUIT COURT OF APPEALS FINDS IN FAVOR OF LENDER ON REASONABLENESS OF TITLE INSURANCE CHARGE
[Alert]
Consumer Lending / Retail Banking Update
August (2008-2)
Earl M. Forte JURY TRIALS IN PREFERENCE CASES - IF YOU'RE A CREDITOR, YOU MAY JUST WANT ONE
[Article]
BNA's Bankruptcy Law Reporter
Summer 1993
Earl M. Forte News WHEN THE SUBPRIME CRISIS STRUCK, BLANK ROME'S MORTGAGE INDUSTRY GROUP WAS PREPARED
[Press Release]
January 14, 2008
Kevin J. Baum, Jerry D. Bernstein, David W. Carickhoff, Bonnie Glantz Fatell, Lawrence F. Flick II, Earl M. Forte, et al. Cases and Deals APPELLATE VICTORY FOR OPTION ONE MORTGAGE CORP.
[Case]
June 27, 2008
Earl M. Forte
Option One Mortgage Corp. in its district court and Third Circuit victories, concluding that borrower had failed to prove that she qualified for a lower "refinance rate" for title insurance. |