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, trustees, secured creditors, lessors and trade creditors.
Mr. Sacks represents lenders in connection with loan workouts, restructurings, foreclosures, appointment of receivers and bankruptcies.
He has brought and defended avoidance actions in bankruptcy courts in the Northern District of California and elsewhere as well as representing trustees, directors and officers in litigation arising from company failures.
•Northern California Super Lawyers, San Francisco Magazine, 2010-2016
•Sheppard, Mullin, Richter & Hampton, LLP, San Francisco, Partner (2001-present)
•Achieved successful settlement of claims against former directors and officers on behalf of Chapter 7 Trustee of Tri-Valley Community Fund, Inc.
•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), aff'd in part, rev'd in part and remanded, 734 F.3d 900 (9th Cir. 2013), cert. denied, 134 S.Ct. 1901 (2014), plan conf'd on remand, mem. opin. (2014), aff'd, mem. opin. (N.D. Cal. 2014).
•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,406 Fed.Appx. 227(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, LLC 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 confirmation of a plan of reorganization 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 $2.2 billion 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).
• Anna Nicole Smith - The Continuation of the Legal Saga and Its Impact on Federal Jurisdiction
Bloomberg Law Reports , April 11, 2011
•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)