Joseph E. Bain is a partner in the Litigation Practice Group. He focuses his practice on business litigation, restructuring, and bankruptcy.
Joe is a trial lawyer who has litigated a diverse range of issues, including contractual disputes, oil and gas issues, franchise agreement disputes, collection issues, royalty disputes, partnership disputes, and personal injury. He has represented clients in federal and state courts across the country.
Joe's practice has a particular emphasis in the areas of restructuring and bankruptcy, where he has advised clients on and litigated a number of insolvency-related issues including valuation, Chapter 11 plan confirmation, international (Chapter 15) bankruptcy issues, issues affecting boards of directors, Chapter 7 liquidations, financing and cash collateral disputes, contested 363 sales, fraudulent transfers, preferences, receivership issues, disputes with trustees, equitable subordination, issues stemming from an assignment for the benefit of creditors (ABC), recharacterization, substantive consolidation, breach of fiduciary duty, and similar issues.
In addition, Joe has represented private equity funds, hedge funds, and venture capital funds in distressed situations, including as purchasers in distressed acquisitions and in litigating issues relating to prior investments.
Joe also regularly advises clients on insolvency matters that are specific to the oil, gas, and energy industries, including recharacterization risks, executory contract issues, treatment of statutory liens, treatment of utilities, application of bankruptcy safe harbors, and treatment of plugging and abandonment liabilities.