In the Media

Kenneth A. Rosen is quoted in the Denton Daily regarding Sears Holdings’ recent claims of assurance to its suppliers, amidst the company’s ongoing bankruptcy proceedings. As counsel to four Sears vendors in the Chapter 11 case, Rosen responds to these claims.

Kenneth A. Rosen is quoted in Food Dive regarding the Chapter 11 bankruptcy of Dean Foods, the largest dairy producer in the United States. Rosen reflects on the marketplace and stresses the increased importance of efficiency for industry competitors.

Kenneth A. Rosen and Andrew Behlmann's representation of investment bank B. Riley Financial and its affiliate, Great American Group, is highlighted in the Global Legal Chronicle. View Lowenstein's news announcement about this representation.

Law360, NJBIZ, and the Global Legal Chronicle highlight Arielle Adler, Bruce Buechler, Joseph DiPasquale, Jennifer B. Kimble, Kenneth A. Rosen, and Mary E. Seymour as debtor counsel to Hollister Construction Services' Chapter 11 bankruptcy proceedings.

As reported in Law360, a Southern District of New York bankruptcy judge approved the $271 million sale of the assets of upscale fashion retailer Barneys New York. A joint venture between Authentic Brands Group (ABG) and investment bank B. Riley Financial Inc., a Lowenstein Sandler client, was the successful buyer. B. Riley affiliate Great American Group will oversee the liquidation of the retailer’s store and other assets, while ABG will license the brand name, keeping the Barneys' brand alive. The Lowenstein team representing B. Riley included Kenneth A. Rosen and Andrew David Behlmann. According to Behlmann, “The face of modern retail, especially in the fashion space, continues to shift in unprecedented ways. Barneys has been a leading force in premium fashion for almost 100 years, and we are glad that the brand will live on.” (subscription required to access article)

In this article, Kenneth A. Rosen, a partner at the Roseland-based law firm Lowenstein Sandler PC, played a prominent role as the chair of the 13th Annual Jewish Law Symposium. The event, moderated by Rabbi Shalom Lubin of Chabad of Morris County, focused on exploring ethical and moral dilemmas faced by attorneys in New Jersey. The symposium, held at Birchwood Manor in Whippany, drew nearly 800 participants and delved into topics such as religious tolerance, immigration, defending challenging clients, and the obligation to provide pro-bono legal services. Kenneth Rosen welcomed the participants and set the stage for the evening, which included a pre-Rosh Hashanah shofar blast by Rabbi Lubin. The featured presenter was New Jersey Supreme Court Associate Justice Barry T. Albin, who spoke about the ethical lessons that can be derived from the beloved musical "Fiddler on the Roof." Justice Albin discussed the themes of tradition, change, and the role of public support in altering entrenched traditions. Rabbi Lubin introduced a panel of legal experts, who explored ethical challenges related to tradition while referencing scenes from the 1971 movie version of "Fiddler on the Roof." The discussion covered topics such as work-life balance, breaking traditions within law firms, and the defense of individuals deemed repugnant. The symposium provided an opportunity for legal professionals to network, enjoy a kosher dinner, and earn continuing legal education credits in ethics. The event, now in its 13th year, has become a tradition-filled evening, with each year featuring a unique theme developed by Rabbi Lubin and an advisory board of attorneys from prominent New Jersey firms. The symposium contributes to the legal community's understanding of ethical issues through the lens of both civil and talmudic law.

Kenneth A. Rosen comments to CNBC on the changing approach to bankruptcy by retailers, explaining that the 2005 changes to the U.S. Bankruptcy Code shortened the timeline for a sale or reorganization before a retailer was pushed into liquidation and that a new market of liquidators now competes to run retailers’ going-out-of-business sales. “There is no patience for a protracted reorganization anymore,” he says. “Chapter 11 is too darn expensive, and I think lenders have alternatives to a long-term Chapter 11 that are better.”

Lowenstein Sandler has been recognized as a prominent force in corporate bankruptcy, earning a position among the top ten "power players" in a decade-long analysis by The Wall Street Journal. The study focused on companies with assets exceeding $500 million that sought bankruptcy protection, revealing the firm's substantial influence. The analysis showcased Lowenstein Sandler's extensive experience, with the firm appearing for either the debtor or the official creditors’ committee in almost two-thirds of major cases. This acknowledgment aligns with the broader trend of a select group of law firms, including Lowenstein, shaping the landscape of corporate bankruptcy. Kenneth A. Rosen, Chair of the Bankruptcy & Restructuring Department, emphasized the firm's commitment to providing creative and practical solutions. The recognition underscores Lowenstein Sandler's strategic growth success, as it remains one of the nation's fastest-growing law firms, according to recently released American Lawyer data.

Lowenstein Sandler’s role as legal counsel to Aceto Corporation in its Chapter 11 bankruptcy filing and in the proposed $338 million sale of its chemical business assets to New Mountain Capital is highlighted in Bankrupt Company News, MarketWatch, GlobeNewswire, Markets Insider, StreetInsider.com, and EIN Presswire. The firm’s role as legal counsel in Aceto’s sale of subsidiary Rising Pharmaceuticals, Inc. is noted in The Associated Press and MarketScreener.com. (Lowenstein team: Kenneth A. Rosen, Steven E. Siesser, Paul Kizel, Michael S. Etkin, Jeffrey Cohen, Wojciech F. Jung, Philip J. Gross, Michael Savetsky, and Michael Papandrea.) (subscription required to view certain content) View Lowenstein’s news announcement about this transaction.

Lowenstein Sandler's involvement as legal counsel to Aceto Corporation in its Chapter 11 bankruptcy filing and the proposed $338 million sale of its chemical business assets to New Mountain Capital is prominently featured in various media outlets, including Bankrupt Company News, MarketWatch, GlobeNewswire, Markets Insider, StreetInsider.com, EIN Presswire, MarketScreener.com, and the Global Legal Chronicle. The firm's role in Aceto's sale of subsidiary Rising Pharmaceuticals, Inc. is also acknowledged in The Associated Press, MarketScreener.com, and the Global Legal Chronicle. The legal team from Lowenstein, including Kenneth A. Rosen, Steven E. Siesser, Paul Kizel, Michael S. Etkin, Jeffrey Cohen, Wojciech F. Jung, Philip J. Gross, Michael Savetsky, and Michael Papandrea, played a crucial role in these transactions. (Note: Certain content may require a subscription to view.) For more information, refer to Lowenstein's news announcements on this representation dated March 18, 2019, and May 13, 2019.

Infosurhoy (November 21, 2018), Chron (October 29, 2018), The Seattle Times (October 25, 2018), The Vindicator (October 25, 2018), The Associated Press (October 25, 2018), the New York Post (October 11, October 14, October 16, and October 24, 2018), and Bloomberg Quint (October 17, 2018) quote Kenneth A. Rosen in several articles exploring the aftermath of Sears Holdings Corp.’s bankruptcy and the continued attempts by former Sears CEO Eddie Lampert to avoid liquidation. Rosen comments on the state of Sears’ current financing and on the highly public manner in which Sears' assets were sold to Lampert’s hedge fund, ESL Investments.