Lowenstein Sandler LLP

Michael S. Etkin

Partner

Lowenstein Sandler LLP
New Jersey, U.S.A.

Local Time: Sat. 02:54

A senior bankruptcy practitioner and seasoned commercial litigator, Mickey brings significant experience to his practice, which focuses on complex business reorganizations, investor litigation in a bankruptcy context, and high-stakes Chapter 11 issues. Mickey is consistently recognized by Chambers USA as "a strong lawyer," "brilliant," "fantastic," "very plugged in," and "instrumental in providing tactical advice," noting his skill in "anticipating all the key issues that are likely to arise." Clients have commended his "technical knowledge, attention to detail, and honest and straightforward legal advice."

A key member of the firm's successful bankruptcy and complex business litigation practices, Mickey has represented debtors, trustees, creditors, and investors in a variety of noteworthy bankruptcies and bankruptcy-related litigation. He currently represents a number of institutional shareholder and investor interests in several large and complex Chapter 11 and Chapter 15 proceedings, including cross-border insolvencies, such as Performance Sports Group, Sino-Forest, Pacific Gas & Electric, Windstream, Odebrecht, Aegean Marine Petroleum Network, Synergy Pharmaceuticals, Orexigen Therapeutics, Adeptus Health, Novation/NovaStar, Fisker Automotive, SandRidge Energy, Lehman Brothers, and SFX Entertainment, among others. On the consumer front, he currently represents consumer interests in the Cambridge Analytica, Think Finance and 21st Century Oncology bankruptcy proceedings. He also represents debtors and purchasers in acquisitions of assets of Chapter 11 and Chapter 7 bankruptcy estates.

In addition, Mickey represents major energy companies in connection with bankruptcy proceedings involving their customers and counterparties. He has been invited to speak before financial institutions, bar association groups, and credit associations regarding the rights of counterparties to derivatives and other energy-related contracts in a bankruptcy context, including cutting-edge issues emerging from the Lehman Brothers Chapter 11 and SIPC proceedings. Mickey also is routinely asked to speak at programs discussing the rights of securities fraud claimants and class action plaintiffs in a Chapter 11 context and on the interplay between bankruptcy law and product liability litigation.

Bar Admissions

New York

New Jersey

Education

St. John's University School of Law (J.D. 1978), with honors
Boston University (B.S. 1975), cum laude

Areas of Practice

Professional Career

Significant Accomplishments

Speaking Engagements

Michael S. Etkin will present "Anatomy of an Energy Company Chapter 11 Case" to the annual conference. The program will discuss the significant events occurring in an actual Chapter 11 case in the energy industry from inception to plan confirmation.

Michael Etkin will present on a panel discussing "The Art of Successful Negotiation" at the IECA's 2017 Spring Conference. The presentation will focus on steps to consider and helpful hints to plan and conduct a successful negotiation. Michael will bring the perspective of a restructuring and litigation professional to the program.

Professional Associations

International Energy Credit Association

Blogs

Capital Markets Litigation
Lowenstein Sandler LLP

Litigation News for the Global Financial Community

Articles

Fisker Decision Further Demonstrates that Section 510(b) Subordination of Investor Claims Is Not Absolute
Lowenstein Sandler LLP, May 2017

When a company files for bankruptcy protection, it is often the case that insufficient value is realized to satisfy all claims against the company. Because the creditors of a bankrupt company generally must be paid in full before its equity holders recover at all, shareholders typically receive no distribution on account of their equity interests in the bankrupt company...

Additional Articles

Automatic Stay Doctrine Applies to Certain Related Nondebtors, February 5, 2001

Fisker Decision Further Demonstrates that Section 510(b) Subordination of Investor Claims Is Not Absolute, May 8, 2017

Sparks Continue to Fly – Electricity is not Eligible for Section 503(b)(9) Status and Other Shocking Developments, January 2014

Third-Party Releases? – Not So Fast! Changing Trends and Heightened Scrutiny, 2015

Where to Litigate: Litigation Forum Choices in a Bankruptcy Proceeding, April 1, 2005