- Business Reorganization & Financial Restructuring
|Contact Info||Telephone: 310.586.7702|
|University ||University of Massachusetts, B.A., magna cum laude, 1976|
|Law School||Boston College Law School, J.D., 1979 Editor, Uniform Commercial Code Reporter Digest|
Professional & Community Involvement
•Member, Los Angeles County Bar Association, Commercial Law and Bankruptcy Section
•Member, Board of the Western Center on Law and Poverty
•Member, Century City Bar Association
|Born||Springfield, Massachusetts, December 18, 1954|
Howard J. Steinberg focuses his practice on representing debtors, creditors' committees, trustees, secured and unsecured creditors, and purchasers of assets in major cases involving public and private companies throughout the United States. Howard has broad experience in out-of-court workouts, and is often retained to litigate bet-the-company cases. He has also served as lead counsel in numerous bankruptcy court trials. Howard and his team were the recipients of the 2012 International Financial Law Review Deal of the Year Award for their representation of RIM in connection with a $4.5 billion patent portfolio purchase in the Nortel bankruptcy.
Howard is the author of a three-volume treatise entitled, Bankruptcy Litigation.
Areas of Concentration
•Bankruptcy, corporate debt restructuring and creditors' rights
Awards & Recognition
•Listed, Chambers USA Guide, 2007-2014
•Listed, Super Lawyers magazine, Southern California Super Lawyers, 2004, 2009 and 2014
•Member, Winning Team, U.S. News - Best Lawyers Law Firm of the Year in Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation - Bankruptcy, 2013
•Recipient, Deal of the Year Award, International Financial Law Review, 2012
•Rated, AV Preeminent 5.0 out of 5 AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Articles, Publications, & Lectures
•Howard has written articles for, among others, the Practicing Law Institute, the Norton Institute, and the Business Law Section of the State Bar of California. He also served for ten years as a contributing editor to the CEB Civil Litigation Reporter.
Author, Don't Sign Your Creditor-Client's Proof Of Claim, Law360, November 9, 2013
• Author, Bankruptcy Litigation, West Group, Volumes I, II and III, 2007
•Author, Triggering Criteria in Bankruptcies: In Involuntary Bankruptcy Proceedings, Should the Gun Be Pointed at the Petitioning Creditors, Treatment of Stakeholders: Credit Extensions in Chapter 11: Searching for Angels, and The Effect of Bankruptcy on Long-Term Agreements, The Challenges of Insolvency Law Reform in the 21st Century, Schulthess Verlag, 2006
•Author, An Art and a Science, The Art & Science of Bankruptcy Law, Aspatore Books, 2003
•Contributing Author, Norton Bankruptcy Law and Practice, West Group, 1993
•Author, Chapter on Bankruptcy Law, Eighteen Chapters on American Law, 1992
•Howard is a frequent lecturer on bankruptcy issues, and served as chair of the California Bankruptcy Litigation Conference. He has been a panelist for the Business Law Section of the American Bar Association, the Business Law Section of the State Bar of California, the Norton Institute, the Association of Insolvency and Restructuring Advisors, the Canadian Shopping Centre Law Conference, Financial Lawyers Conference, Construction Litigation Superconference, Thompson-West Publishing, National Business Institute, Inc., the Los Angeles Bar Association, and at an International Insolvency Symposium in Switzerland, among others. Howard has also served as a guest lecturer at The Anderson School of UCLA, Graduate School of Business.
Associated News & Events
06.04.14 Bruce Fischer, Chair of West Coast Real Estate, Recognized in 2014 Chambers USA Guide
05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide
05.28.13 Chambers USA Guide 2013 Includes 175 Greenberg Traurig Attorneys, 33 Practice Areas
11.05.12 Greenberg Traurig Named 'Law Firm of the Year' in Two Bankruptcy Categories by U.S. News - Best Lawyers
05.22.12 Greenberg Traurig Expansion Continues in California with the Addition of Bankruptcy and Restructuring Attorney Howard Steinberg
11.12.13 Proofs of Claim: Attorney Signatures and the Risk of Loss of Privileges
|Reported Cases||Significant Representations: In re Spansion, Inc., et al. (Bankr. Ct., D. Del.), published in 426 B.R. 114 (Bankr. D. Del. 2010). In this case, the client, Tessera, Inc., (Tessera) asserted pre and post-petition patent infringement claims which the debtor claimed were valueless. As a result of prevailing at contested evidentiary hearings, Tessera's unsecured claim was estimated at $120 million and its administrative claim in excess of $4 million. The debtors proposed a plan which did not adequately reserve for Tessera's claim and the court sustained our plan objection. In re Nortel Networks, Inc . (Bankr. Ct., D. Del.). Represented Research in Motion Limited as part of a consortium of five other leading technology companies who purchased a portfolio of patents for $4.5 billion, one of the largest ever public sales of intellectual property assets. In re 'Sa' NYU Wa. (Bankr. Ct. D. Ariz.). Represented largest creditor in contested plan confirmation matter and claim litigation against tribally charted corporation, and litigated novel sovereign immunity issues. In re Empire Land, LLC, et al. (Bankr. Ct., C.D. Cal.). Represented a former director of the debtor and its affiliates in a lawsuit by a lender seeking more than $100 million in damages. The court granted our motion for dismissal without leave to amend. In re Med Diversified, Inc., et al. (Bankr. Ct., E.D.N.Y.). Represented Private Investment Bank Limited (Bank), who had made a $70 million loan to the debtor. A prepetition lawsuit resulted in a settlement with the Bank being granted a security interest in substantial, additional collateral. After the debtor filed bankruptcy, the Bank was a party to several lawsuits which culminated in settlements implemented through a plan whereby a senior secured lender had its claim of nearly $100 million disallowed, and the unsecured creditors of the debtor and several of its largest subsidiaries received dividends ranging from approximately 20 to 40 cents. The Bank received cash and ownership of the debtor's subsidiaries, which had a value of in excess of $80 million. Chartwell Litigation Trust v. Addus Healthcare, Inc. (Bankr. Ct., E.D.N.Y.), published in 334 B.R. 89 (Bankr. E.D.N.Y. 2005). Litigation claims were assigned to the client, the trust, as part of a plan. In a prepetition transaction, the debtor paid $7.5 million, which had been characterized as an option payment in connection with a $100 million plus purchase price of a business, but failed to close on the purchase. The defendant retained the option payment and both sides sued each other prior to the bankruptcy filing asserting, among other things, breach of contract claims. Rather than pursue those theories, the trust filed a fraudulent transfer lawsuit to recover the deposit. Following trial, the court announced a tentative ruling in favor of the client and a settlement was reached for $4.1 million. Landry's Restaurants, Inc. Represented the ad hoc committee of bondholders in an out-of-court restructuring where Landry's Restaurants, Inc. (Landry's) owed $400 million to bondholders. Landry's did not file a 10K in light of issues pertaining to an investigation of the backdating of stock options. In light of the failure to file the 10K, an event of default was declared and the debt was accelerated. Landry's filed suit in federal district court in Texas and agreed to a settlement at a preliminary injunction hearing which involved the payment to the bondholders of a large consent fee and an agreement to exchange the notes for notes with terms which were significantly more advantageous for the bondholders. In re The Walking Company (Bankr. Ct., C.D. Cal.). Represented secured lender/equity holder in Chapter 11 reorganization of a retail chain with more than 200 store locations. To facilitate the reorganization, lender provided exit financing and a capital investment. In re GB Holdings, Inc. (Bankr. Ct., D. N.J.). Represented Pinnacle Entertainment, Inc. in its $250 million acquisition of the Atlantic City Sands Hotel & Casino. Ownership of the hotel and casino had been transferred from the debtor to an entity in which the debtor had an equity interest. The transfer was the subject of claims of fraudulent transfer. Pinnacle acquired the hotel and casino without becoming embroiled in the litigation and did not have to engage in a bidding procedure in connection with the acquisition. In re Focus Media, Inc. (Bankr. Ct., C.D. Cal.), published in 378 F.3d 916 (9th Cir. 2004), cert. denied, 544 U.S. 968 (2005). Filed an involuntary bankruptcy petition on behalf of the creditor clients NBC, ABC, and Paxson Communications. Following trial, an order for relief was entered against the debtor, which was upheld on appeal by the United States District Court and Ninth Circuit Court of Appeals. John Pringle, Trustee v. Thomas Edward Rubin, et al. (Bankr. Ct., C.D. Cal.). Acted as special litigation counsel for the trustee in bankruptcy and obtained a judgment in excess of $35 million against insiders of the debtor based upon fraudulent transfer and other claims. In re Nimitz Partners, LLC (Bankr. Ct., D. Hawaii.). Represented Nimitz Partners, LLC (Nimitz), the owners of two hotels in Honolulu. Nimitz' lender commenced a foreclosure proceeding in Hawaii State Court to which Nimitz filed a counterclaim alleging lender liability claims. A settlement was reached whereby the lender's $38 million claim was significantly reduced and Nimitz filed a prepackaged Chapter 11 bankruptcy which was confirmed more rapidly than any previous Chapter 11 case in Hawaii. The lender then contended that Nimitz breached the plan by failing to make required renovations and sought an order to have the hotels sold. Nimitz filed a second lender liability lawsuit and obtained the right to have the controversy heard by a jury. Shortly before trial, the lender agreed to settle and reduced its claim by more than $24 million. Nimitz' equity holders retained their full interests and were not required to make any out-of-pocket expenditures during the course of the proceedings. In re Midland Group, Inc. (Bankr. Ct., C.D. Cal.), published in 347 B.R. 708 (Bankr. C.D. Cal. 2006). Represented Swiss Finance Corporation (SFC), a foreign currency trader in London that was engaged in currency trades with the debtor. The debtor engineered a $100 million plus Ponzi scheme in the United States, and the trustee in bankruptcy filed a fraudulent transfer complaint seeking a return of all monies that had been transferred to SFC. In a case of first impression, SFC argued that fraudulent transfer laws do not have extraterritorial application and cannot be used to set aside transactions centered in foreign countries. Represented a media company as a debtor in an out-of-court restructuring.Represented the owner of a retail mall as debtor in restructuring a debt of nearly $200 million. Claims were asserted against the mall operator, a large public REIT, who held an option to purchase the mall which resulted in a restructuring of the debt and a substantial payment to the debtor's equity holder. The above representations were handled by Mr. Steinberg prior to his joining Greenberg Traurig, LLP.|
Documents by this lawyer on Martindale.com
Proofs of Claim: Attorney Signatures and the Risk of Loss of Privileges
Howard J. Steinberg, November 13, 2013
Preparing a proof of claim is a relatively easy task. As one court has noted, the proof of claim form is not elaborately detailed and may take only five minutes to complete. This simple task can result in extremely adverse consequences for a creditor and its counsel, if counsel, as opposed to...
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