Paul has more than 25 years of experience representing debtors and creditors in workouts, restructurings, and commercial bankruptcy proceedings and in commercial finance transactions. Prior to joining Mintz Levin, Paul was associate general counsel to M&T Bank, where he was responsible for the bank's entire commercial and back office activities.
Paul has developed a national reputation representing bondholders and indenture trustees (particularly in connection with tax-exempt bond debt) in workouts and Chapter 11 bankruptcy cases throughout the country. He is also counsel to debtors, unsecured creditors' committees, secured lenders of various lien priorities, major trade vendors, landlords and tenants, equity holders, and buyers of many different types of assets in bankruptcy proceedings, both domestically and internationally.
His industry experience includes health care (particularly medical and psychiatric hospitals, CCRCs, senior living and skilled nursing facilities, and pharmaceutical and medical device manufacturers), biotechnology, telecommunications, tier I and II automotive and parts suppliers, computer software and hardware manufacturers, retail clothing stores, convenience stores, restaurant and food service chains, real estate management and development firms, construction contractors, large hotels and convention centers, casinos and gaming enterprises (including American Indian casinos), solar power panel manufacturers, arms and weapons manufacturers, book publishers, aircraft manufacturers, space satellite launch and operating companies, insurance companies, sewage treatment facilities, shipping and marine cargo docks and warehouses, textile manufacturers, public housing developments, and institutions of higher education.
Paul also has deep knowledge of commercial finance transactions. His experience includes representing lenders and borrowers in demand, term and revolving loans, syndicated bank loans, asset-based lines of credit, project finance, acquisition loans, highly leveraged loans, cash flow credits, cross-border lending, foreign exchange credits, second lien and mezzanine loans, intercreditor and subordination arrangements, commercial and standby letters of credit, personal property leasing and sale and leaseback transactions, and structures involving vertically and horizontally integrated borrowers and guarantors as well as the use of special purpose entities to create so-called bankruptcy remoteness.
Paul also represents buyers and sellers of distressed claims, and was a member of a team of litigators that obtained a seminal judicial decision holding that portions of the industry standard method for trading claims fails to establish a binding contract on the seller until the trade is consummated.
Paul has particular knowledge of secured transactions law, especially the Uniform Commercial Code, including credit transactions secured by intellectual property, such as patents, trademarks, and copyrights, and licenses and royalties derived there from. He is an experienced with the rendering of legal opinions in credit transactions and is a member of the firm's Legal Opinions Committee.
Paul has been the lead trial attorney and appellate counsel in a diverse array of litigation matters in state and federal court, particularly bankruptcy court, including lien priority and other secured creditor disputes, fraudulent conveyance, lender liability, equitable subordination, the valuation of secured claims, and the confirmation of bankruptcy plans of reorganization.
Paul's published articles have appeared in West Publishing Company publications, theAmerican Bankruptcy Institute Journal, theDaily Bankruptcy Review, theCorporate Finance Review, theBankruptcy Strategist, theNew York Law Journal, theJournal of Corporate Renewal, and numerous bar association publications and newsletters such as theBoston Bar Association Newsletterand theAmerican Bankruptcy Institute Healthcare Committee Newsletter.
Paul has had numerous teaching and speaking engagements for professional organizations, bar associations, and industry groups, including the Massachusetts Continuing Legal Education Association (MCLE), the National Federation of Municipal Analysts, the National Association of Bond Lawyers, the Association of Commercial Finance Attorneys, the Council of Infrastructure Finance Associations, the American Bankruptcy Institute, the Turnaround Management Association, the Bond Buyer (Symposium on Specialty Credits), and Lorman Seminar Services.
• Fifty-One Mintz Levin Attorneys Featured in Chambers USA 2014 Guide, (05.23.2014)
• Mintz Levin Represents QIAGEN N.V. in Major Convertible Note Offering, (04.04.2014)
• Mintz Levin Receives M&A Advisor's Consumer Services Deal of the Year Award, (02.24.2014)
• Seventy-Nine Mintz Levin Attorneys Named 2013 Massachusetts Super Lawyers and Rising Stars, (10.21.2013)
• Sixty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2014 Edition, (08.15.2013)
• Forty-Eight Mintz Levin Attorneys Featured in Chambers USA 2013 Guide, (05.24.2013)
• Seventy-One Mintz Levin Attorneys Named 2012 Massachusetts Super Lawyers and Rising Stars, (10.22.2012)
• Sixty Mintz Levin Attorneys Included in The Best Lawyers in America, 2013 Edition, (08.24.2012)
• Forty-One Mintz Levin Attorneys Featured in Chambers USA 2012 Guide, (06.07.2012)
• Quoted inBankruptcies Decrease as Distressed Companies Use Out-of-Court Strategies to Avoid Filing,The Distressed Debt Report (11.18.2011)
• Fifty-Two Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.21.2011)
• Forty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2012 Edition, (09.06.2011)
• Thirty Four Mintz Levin Attorneys Featured in Chambers USA 2011 Guide, (03.21.2011)
• Mintz Levin Establishes Distressed Debt and Claims Trading Practice, (02.15.2011)
• Mintz Levin Attorney Paul Ricotta to be Named Fellow of The American College of Bankruptcy, (11.15.2010)
• Forty-Nine Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.19.2010)
• Thirty-Nine Mintz Levin Attorneys Included in The Best Lawyers in America, 2011 Edition, (08.11.2010)
• Mintz Levin Adds Six Attorneys to Chambers USA 2010 Guide, (03.23.2010)
• Forty-Eight Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.27.2009)
• Thirty-One Mintz Levin Attorneys Included in The Best Lawyers in America, 2010 Edition, (07.31.2009)
• Chambers USA Names 22 Mintz Levin Attorneys Leaders in Their Fields for 2009, (06.12.2009)
• Twenty-Nine Mintz Levin Attorneys Included in The Best Lawyers in America, 2009 Edition, (01.21.2009)
• Forty-Six Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.29.2008)
• Forty-Five Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.25.2007)
Recognitions & Awards
• Best Lawyers in America: Bankruptcy and Creditor-Debtor Rights Law (2009 - 2014)
• Chambers USA:Massachusetts- Bankruptcy/Restructuring (2009 - 2014)
• Massachusetts Super Lawyers: Bankruptcy & Creditor/Debtor Rights (2005 - 2013)
• Martindale-Hubbell AV Preeminent
Author,Distressed Claims Trading: Insider Trading May Lead to Disallowance of Bankruptcy Claims and Breach of Fiduciary Duties,Distressed Debt Alert (01.09.2012)
• Co-author,Amended Rule 2019 Allays Fears of Claims Trading Industry,Dow Jones Daily Bankruptcy Review (06.17.2011)
• Rekindling the War on Secured Creditors: Unsecured Creditors Score Important Early Victories,Bankruptcy and Restructuring Law 2010 (2011)
• Current Strategies for Expanding the Source of Recovery for Creditors,Bankruptcy and Restructuring Law 2009 (2010)
Moderator,The Trouble with TOUSA, Association of Commercial Finance Attorneys, New York, NY (10.23.2012)
• Speaker,Equitable Subordination and Recharacterization: Looming Bankruptcy Litigation Threats, Strafford, Webinar (02.02.2012)
• Moderator,Financial Contracts in Bankruptcy (Swaps and Derivatives), Association of Commercial Finance Attorneys, New York, NY (01.12.2011)
• Speaker,Tips for Protecting Yourself from the Financial Distress of Your Customers, Mintz Levin, Webinar (01.29.2009) (Also at New York, N.Y. Office)