Steven Sacks is a partner in both the Business Trial and the Finance and Bankruptcy Practice Groups in the firm's San Francisco office. His areas of emphasis are bankruptcy, commercial litigation and creditors' rights.
Areas of Practice
Mr. Sacks has jury trial and appellate experience in areas such as officer and director liability, creditors' rights, insurance, and contract disputes. In addition, Mr. Sacks has also resolved many cases through arbitration and mediation proceedings.
In business bankruptcy cases, Mr. Sacks has represented debtors, creditors' committees, Chapter 11 trustees, secured creditors, lessors and trade creditors.
Mr. Sacks represents lenders in connection with loan workouts, restructurings, foreclosures, appointment of receivers and bankruptcies.
He also represents defendants in avoidance action litigation in bankruptcy courts in the Northern District of California and elsewhere and trustees, directors and officers in litigation arising from company failures.
· Sheppard, Mullin, Richter & Hampton, LLP, San Francisco, Partner (2001-present)
· Successfully confirmed plan of reorganization on behalf of the official unsecured creditors committee in the chapter 11 case of Plant Insulation Company. In re Plant Insulation Co., 469 B.R. 843 (Bankr. N.D. Cal. 2012), aff'd and stay denied, 485 B.R. 203 (N.D. Cal. 2012), appeal pending (9th Cir.).
· Successfully represented the Trust Advisory Committee of the Western Asbestos Settlement Trust in litigation enforcing the privacy rights of claimants to the Trust. In re Western Asbestos Co., 416 B.R. 670 (N.D. Cal. 2009), aff'd mem. opin., (9th Cir. 2010).
· Represented official committee of equity security holders of Tvia, Inc. in connection with claims against former officers/directors and insurance rights.
· Represented Chapter 11 debtor Humboldt Creamery, LL in connection with its successful sale of assets in chapter 11 bankruptcy case.
· Represented Chapter 11 debtor The Billing Resource dba Integretel, in connection with reorganization, sales of assets, litigation with Federal Trade Commission and others. See In re The Billing Resource, 2007 WL 3254835 (Bankr. N.D. Calif. 2007).
· Represented the official committee of unsecured creditors of Chapter 11 debtor J.T. Thorpe, Inc. and certain affiliates in connection with the plan confirmation process and establishment of a trust for the benefit of asbestos victims.
· Represented former directors of California Power Exchange in defense of claims by reorganized debtor.
· Represented the official committee of unsecured creditors of Western Asbestos, Western MacArthur and MacArthur Corp. in connection with their plan confirmation and establishment of a trust for the benefit of asbestos victims. See In re Western Asbestos Co., 313 B.R. 456 (Bankr. N.D.Cal. 2003).
· Obtained appellate decision upholding lender's ability to retain collateral after strict foreclosure following challenge by bankruptcy trustee. Marker v. Pacific Mezzanine Fund, L.P., 309 F.3d 744 (10th Cir. 2002).
· Northern California Super Lawyers, San Francisco Magazine, 2010-2013
· Member (2005-2008), State Bar Litigation Section Executive Committee and Committee on Jury Instructions
· Member, Turnaround Management Association
· Member, American Bankruptcy Institute
· Member, Board of Directors, TechSoup Global (1996-2011, and President, 1998-2001)
· "Anna Nicole Smith - The Continuation of the Legal Saga and Its Impact on Federal Jurisdiction", Bloomberg Law Reports, April 11, 2011