Ethan D. Fogel represents a variety of creditors, debtors, and purchasers in bankruptcy proceedings. His creditor representations have included extensive work for secured lenders and for bond trustees whose issuers have been the subject of bankruptcy proceedings or other insolvency proceedings.
Mr. Fogel has also counseled clients with respect to the actual or possible impact of bankruptcies upon their rights under coal leases, coal supply agreements, securities lending agreements, repurchase agreements, employment and severance agreements, real estate leases, subordination agreements, subcontracts, and licenses of intellectual property. He has had extensive experience representing private environmental claimants in the pursuit of their reimbursement and contribution claims against Chapter 11 debtors.
Mr. Fogel’s debtor representations have involved both Chapter 11 bankruptcy proceedings as well as numerous out-of-court workouts, ranging from large corporate debt restructurings and exchange offers to the settlement of significant obligations of multiple individual co-guarantors. He has successfully represented many clients in their hotly contested purchases of businesses, out of bankruptcy proceedings, including the purchase of coal mines, television stations, and high- and low-tech manufacturing facilities.
Mr. Fogel’s natural resources representations have involved the representation of coal producers (including coal producer Chapter 11 debtors), the representation of coal lessors in complex leasehold relinquishment transactions, the representation of joint venture investors/operators in transnational mineral joint ventures, the representation of mine owners in the analysis of contingent liabilities triggered by the business failures of lessees and contractors, and the representation of purchasers of coal mines and related assets in bankruptcy proceedings.
Mr. Fogel also maintains a varied pro bono practice. He chairs the Pro Bono Committee in Dechert’s Philadelphia office and, in that capacity, coordinates that office’s pro bono activities. Mr. Fogel is a member of the Landlord Tenant Liaison Committee, established by the Court of Common Pleas to improve the administration of landlord/tenant cases, which was recognized with the 2007 First Judicial District of Pennsylvania Pro Bono Publico Award for its work. He is a member of the Philadelphia Bar Association’s Civil Gideon Task Force and has co-chaired its Housing Working Group. He is active in addressing systemic issues relating to landlord tenant practice and advising in the management of the Landlord Tenant Legal Help Center.