Michael Barrie is Chair of the firm's Insolvency & Creditors’ Rights Practice Group and Vice Chair of the Litigation Practice Group. His practice centers on complex commercial, real estate, and insolvency and bankruptcy related dispute resolution. Michael litigates in Federal and state courts, including bankruptcy courts and Delaware’s Chancery Court, and has served as lead counsel in dozens of jury trials, bench trials, evidentiary hearings, and appeals. He strategically tailors a pragmatic approach to each matter, achieving maximum value and effectiveness for his clients who operate in all sectors of the energy, healthcare, lending, manufacturing, private equity, real estate, retail, technology, telecommunications, and transportation industries.
The following are examples of Michael's recent representative experience:
Insolvency & Creditors’ Rights
Representation of secured lenders, including special servicers of commercial mortgage backed securities, balance sheet lenders, asset based lenders, and other secured lenders, in workouts, non-judicial restructurings and liquidations, foreclosure and collection proceedings, fraudulent conveyance actions, receivership proceedings, replevin proceedings, successor liability actions, and bankruptcies.
Representation of secured and unsecured creditors, warehousemen, motor carriers, DIP lenders, and bidders for and buyers of assets in cross-border and national chapter 7, 11, 13 and 15 bankruptcy cases.
Representation of equipment lessors, floor plan lenders, and franchisors in workouts, non-judicial restructurings and liquidations, foreclosure and collection proceedings, receivership proceedings, replevin proceedings, successor liability actions, and bankruptcies.
Representation of commercial landlords in the insolvency and bankruptcy situations involving their retail, manufacturer, and other commercial tenants.
Representation of debtors, official committees of unsecured creditors, and trustees (chapter 11 trustees and liquidating trustees) in chapter 7 and 11 bankruptcy cases.
Representation of lenders in actions involving disputes arising under subordination agreements and other inter-creditor relationships.
Real Estate Litigation and Distressed and Non-Distressed Debt Transactions
Representation of buyers and sellers in the sale and acquisition of loan portfolios and individual loan sales, including special servicers, financial institutions, private equity funds, hedge funds, and real estate opportunity funds.
Representation of borrowers as lead counsel and local counsel on various lending transactions.
Representation of national commercial landlords and commercial real estate owners in state and federal court litigation, including eviction, collections, distraint proceedings, lease disputes, confessions of judgment, condemnation proceedings, and real estate tax disputes and valuations.
Complex Commercial Litigation
Representation of trustees, liquidating trustees, boards of directors, and preferred and common shareholders in litigation involving breaches of fiduciary duties, corporate waste, illegal dividends, fraud, misrepresentation, misappropriation, civil conspiracy, RICO, and valuations.
Representation of boards of directors, frequently advising on fiduciary obligations.
Representation of businesses in litigation involving business torts, unfair and deceptive trade practices, defamation, libel and slander, and actual and prospective contractual interference.
Representation of parties in all aspects of commercial contract disputes.
Representation of employers in actions, including in expedited proceedings, involving non-competition, non-disparagement, and non-solicitation agreements, and trade secret misappropriation and theft.