Rocco Cavaliere is an advocate for distressed companies and high-net-worth individuals in their most perilous times, helping them preserve enterprise value, restructure their obligations and achieve other objectives. A partner in the Bankruptcy and Financial Restructuring Group, Rocco devotes a large part of his practice to representing clients that need workouts or bankruptcy relief. He also often represents creditor committees, unsecured creditors, secured creditors, landlords, license parties, shareholders and corporate officers and directors, and other parties in interest, in protecting their rights and preserving value in a bankruptcy case or in an out-of-court restructuring.
When a Chapter 7 or Chapter 11 case is commenced, it is common for debtors in possession or trustees to investigate the reasons which led to the bankruptcy filing and then possibly pursue litigation against third parties that may be blamed for the debtor’s demise. Rocco is often called on by Chapter 7 trustees and other estate representatives to assist in such investigations and commence lawsuits when the pursuit of claims may benefit the bankruptcy estate. Rocco also has significant experience representing defendants in bankruptcy court adversary proceedings, involving many causes of action such as fraudulent and preferential transfers, equitable subordination, turnover, and breach of fiduciary duty and related director and officer claims.
Rocco has been a mediator on the Mediator Panel for the Bankruptcy Court for the Southern District of New York for several years and successfully mediated numerous matters. In this role, he applies his extensive experience in contentious bankruptcy matters to a mediation context to help other parties achieve a successful and cost-effective settlement of their own legal disputes.
Distressed situations also create opportunities for parties to purchase a debtor company’s assets, including real estate, in a section 363 sale or through a plan of reorganization. Rocco regularly represents purchasers in all aspects of a sale transaction (including “loan to own” scenarios) in a bankruptcy case and in out-of-court workouts.
Prior to joining Tarter Krinsky & Drogin in 2012, Rocco received his legal training as an associate in the Business Restructuring and Bankruptcy Department of Blank Rome. In January 2017, Rocco was named co-chair of the New York County Lawyers’ Association’s Bankruptcy Law Committee.
What I do when not practicing law:
When I am not practicing law, I spend time with my family and friends. I enjoy watching various sporting events and am Co-Commissioner of the Couch Potato Fantasy Football League, in existence since 1995.
Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2020 New York Metro Super Lawyers and Rising Stars lists, an increase from 2019. Last year, twenty-three firm lawyers were ranked as Super Lawyers and seven were ranked on the Rising Stars list, and this year, twenty-eight firm lawyers were ranked as Super Lawyers and four were ranked as Rising Stars.
Bankruptcy & Corporate Restructuring Co-chair Scott Markowitz, and Bankruptcy Partners Rocco Cavaliere and Michael Brownstein were featured in the Law360 Article, "Purdue Asks Court To Say No To New Classes In Ch. 11 Case." The article discusses the recent update to the case wherein attorneys for the children inflicted with neonatal abstinence syndrome (“NAS”) and other class claimants have requested that the bankruptcy court allow them to file class proofs of claim. Purdue Pharma filed for bankruptcy last September after the accumulation of thousands of lawsuits alleging it helped fuel the opioid crisis by playing down its painkillers' addiction risks, which Purdue has denied.
Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.
Thirty lawyers from Tarter Krinsky & Drogin have been named to the 2018 New York Super Lawyers and Rising Stars lists as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations
Bankruptcy and Corporate Restructuring partner Rocco Cavaliere has been selected to serve on the Expert Panel of the Lexis Practice Advisor, a resource for attorneys and in-house counsel. In this role, Rocco will contribute first-hand knowledge and perspectives regarding the current legal environment and trends in the bankruptcy field.
This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.
Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.
Bankruptcy partner Rocco Cavaliere has been appointed to the Mediator Panel for the U.S. Bankruptcy Court for the Southern District of New York. Rocco has handled several successful formal mediations of multi-million dollar disputes on behalf of litigants in adversary proceedings in the Southern District of New York and elsewhere.
Bankruptcy and Corporate Reorganization partner Rocco Cavaliere and counsel Arthur Goldstein attended the recent New York County Lawyers’ Association reception honoring the newly elected, appointed, re-elected and re-appointed judges in New York Supreme Court (First Judicial District) and the Southern District of New York.
Tarter Krinsky & Drogin has been retained as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of Transmar Commodity Group Ltd., pending in the Bankruptcy Court for the Southern District of New York.
Bankruptcy partner Rocco Cavaliere has been appointed as the co-chair of the New York County Lawyers’ Association’s (NYCLA) Bankruptcy Law Committee.
New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.
We represented Verboten in the sale of its leasehold interest and personal property to the former owner/operator of Pacha NYC.
The firm is pleased to announce the attorneys promoted in 2016.
The firm is representing NYC Constructors Inc. and its subsidiary in their respective bankruptcy cases.
The 2015 New York Super Lawyers recognized 22 of Tarter Krinsky & Drogin’s attorneys.
Tarter Krinsky & Drogin is representing Main Street Connect LLC d/b/a Daily Voice an online hyper-local news website which operates approximately 41 local news websites in Westchester County and Fairfield County, CT.
On June 24, 2021, Bankruptcy and Corporate Restructuring Partner Rocco Cavaliere and Elyssa Kates of Baker Hostetler LLP will present a CLE for the New York Women’s Bar Association on, “Recent Developments in Fraudulent Transfer and Preference Law and How They May Impact Your Clients”.
On December 8, 2020, Bankruptcy and Corporate Restructuring Co-Chair Alex Spizz and Partner Rocco Cavaliere will present the session, “Bankruptcy Related Topics” for the New York State Society of Certified Public Accountants’ (NYSSCPA) Business Tech Session Teleconference. Alex and Rocco will delve into how to determine if bankruptcy is a viable solution and alternatives to filing for bankruptcy protection. They will also discuss how the retail, restaurant and real estate landscapes were significantly impacted by the COVID-19 pandemic, and how these sectors should look ahead to the next year, identifying potential solutions in the market. Finally, they will go over preferential transfers and common defenses to such transfers.
On July 14, 2020, Bankruptcy and Corporate Restructuring Partner Rocco Cavaliere will participate in the New York Institute of Credit virtual panel, “The Real Estate Bankruptcy Business is Booming.” The panel of real estate experts will share their experiences in today’s changing landscape and outlook for 2020 including New York City’s new rent law and regulations, real estate financing in the new paradigm and the bankruptcy boom expectations.
On April 1, Bankruptcy and Corporate Restructuring partner Rocco Cavaliere will moderate the NYIC panel discussion, “Current Disruptions in Real Estate & Bankruptcy.” The panel will delve into the future of real estate in New York City, including the recent rent law changes and regulations, new retail landscape, real estate financing in the new paradigm, future increase in volume of bankruptcies and the outlook for 2020 and beyond.
On November 19, Bankruptcy and Corporate Restructuring partner Rocco Cavaliere and Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, an online CLE provider, “SCOTUS Review: Mission Product Holdings v. Tempnology,” where they will explain what can happen to intellectual property assets in a Chapter 11 bankruptcy proceeding. Rocco and Amy will also discuss patents, copyrights and trademarks in context of the Bankruptcy Code; review cases involving patents and copyright in bankruptcy; identify best practices for IP licensors and licensees and break down the Supreme Court’s long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC.
On March 6, lawyers in our Bankruptcy and Corporate Restructuring Group attended the Duberstein Bankruptcy Moot Court Gala Awards Dinner, which celebrates the largest and most prestigious moot court competition in the country.
On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various Circuit courts concerning the impact of rejection of trademark licenses by debtor-licensors in a bankruptcy case.
In 2018, the First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC, 879 F.3d 389 (1st Cir. 2018) (the Tempnology Decision) decided that trademark licensees lost their rights under a trademark license when the chapter 11 debtor-licensor rejected the trademark license between the parties. This decision by the First Circuit conflicted with another circuit court decision from the Seventh Circuit, leading the U.S. Supreme Court to resolve the conflict amongst the circuits regarding the rights of a licensee in a trademark that is rejected by a debtor-licensor in a bankruptcy case.
Tarter Krinsky & Drogin’s Bankruptcy & Corporate Restructuring Group recently completed its successful representation on behalf of The Brown Publishing Company Liquidating Trust, which was created several years ago in connection with the confirmed bankruptcy plan of The Brown Publishing Company and its affiliated debtors in the Bankruptcy Court for the Eastern District of New York (E.D.N.Y.).