Eric Goldberg represents debtors both in and out of court, as well as creditors and other stakeholders, including lenders and funds, in a variety of transactions. His practice involves complex bankruptcy-related litigation, including contested confirmations, termination of collective bargaining agreements and all types of adversary proceedings. Eric also has extensive experience working with hedge funds, institutional lenders, bondholders and buyers of distressed assets.
Eric represents clients in all aspects of bankruptcy and restructuring, including:
Debtors: Represent public and private companies in out-of-court restructurings and chapter 11 reorganizations throughout the US
Creditors: Represent asset-based lenders, bondholders, committees, hedge funds and institutional lenders in loans, workouts and complex insolvency situ...
Eric represents clients in all aspects of bankruptcy and restructuring, including:
Debtors: Represent public and private companies in out-of-court restructurings and chapter 11 reorganizations throughout the US
Creditors: Represent asset-based lenders, bondholders, committees, hedge funds and institutional lenders in loans, workouts and complex insolvency situations
Litigation: Prosecute and defend all types of bankruptcy-related litigation, including plan confirmation, examiner & trustee motions, from discovery through trial. Prosecute and defend preference, fiduciary duty and fraudulent transfer claims in state and federal courts
Transactional: Advise clients with regard to how to structure complex transactions with financially-distressed companies. Represent buyers & sellers of distressed assets in public and private auctions and Bankruptcy Code Section 363 sales
Boards of Directors: Advise Boards of Directors and Special Committees, regarding fiduciary duties and insolvency situations
Intellectual Property: Represent licensors and licensees of intellectual property in transactions and litigation involving distressed entities
Other: Represent examiners and trustees in investigation of LBOs, mergers, acquisitions and divestitures. Advise insurer in connection with complex D&O claims. Advise investors in connection with the trade of distressed claims & securities
Representative cases:
Abengoa
Adelphia
Circuit City
Delphi
Enron
Extended Stay
Fresh & Easy
Hostess Brands
Lehman Bros.
Loral
Madoff
MF Global
Mirant
Patriot Coal
Tower Automotive
Trump Casinos
Education
J.D., Harvard Law School 1991
B.S., Cornell University 1987
Awards
AV rated by Martindale-Hubbell
Listed in Best Lawyers In America for both Bankruptcy/Reorganization and Bankruptcy Litigation
Listed in California Super Lawyers and Rising Stars for Bankruptcy
Publications
Co-Author, "Ensuring Positive Outcomes with Negative Pledges in Venture Lending," The Licensing Journal, October 1, 2024
Seminars
Eric is active in several restructuring-related organizations, including the California Bankruptcy Forum, the Financial Lawyers Conference and the Turnaround Managers Association. He speaks frequently on restructuring topics, such as asset sales in bankruptcy, distressed M&A, fraudulent transfer litigation, fiduciary duties and workouts. Recent speaking engagements include:
July 2017 – Turnaround Managers Association, Laguna Beach, California. Eric led a roundtable discussion with industry experts on alternatives to bankrup...
Eric is active in several restructuring-related organizations, including the California Bankruptcy Forum, the Financial Lawyers Conference and the Turnaround Managers Association. He speaks frequently on restructuring topics, such as asset sales in bankruptcy, distressed M&A, fraudulent transfer litigation, fiduciary duties and workouts. Recent speaking engagements include:
July 2017 – Turnaround Managers Association, Laguna Beach, California. Eric led a roundtable discussion with industry experts on alternatives to bankruptcy
March 2017 – The Appraisal Institute, San Diego, California. Eric participated in a panel on valuation in bankruptcy
September 2016 – Financial Lawyers Conference, Los Angeles, California. Eric was a member of apanel discussing current topics in chapter 11 reform
July 2016 - TMA Western Regional Conference, Carlsbad, California. Eric organized the speaker and panels for this conference, addressing current events in out of court restructurings, intellectual property issues, distressed M&M, fiduciary duties, retail bankruptcies, and bankruptcy litigation
June 2016 – Association of Insolvency & Restructuring Advisors, Coronado Island, California. Eric led a panel discussion on the effects of minimum wage and other labor laws on bankruptcy
October 2015 - Los Angeles Bankruptcy Forum, Beverly Hills, California. Eric spoke on the preclusive effects of bankruptcy court orders on post-sale and post-confirmation litigation
July 2015 - TMA Western Regional Conference, Carlsbad, California. Eric moderated a panel that analyzed issues of successor liability in bankruptcy sales following the recent decision from the Bankruptcy Court for the Southern District of New York regarding the GM ignition switch recall litigation
May 2015 - California Bankruptcy Forum 2015 Conference, Napa, California. Eric appeared on a panel discussing the impact of the Wellness International Network v. Sharif case, which was recently argued before the US Supreme Court
Memberships And Affiliations
Board member, Financial Lawyers Conference
Board member, Turnaround Managers Association of Southern California
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