In the Media

Kenneth A. Rosen, Chair Emeritus of Lowenstein’s Bankruptcy & Restructuring Department, is recognized in Financier Worldwide’s 2022 Bankruptcy & Insolvency Power Players issue. Predicting increased Chapter 11 filings in 2022 due to rising interest rates and overleveraging, Rosen anticipates a surge in out-of-court workouts, bulk sales, and alternative strategies. With 35+ years of experience, he offers strategic recovery plans for companies in diverse industries, emphasizing a nuanced approach that evaluates settlement versus litigation based on direct and indirect costs and benefits for both clients and adversaries.

Kenneth A. Rosen, Chair Emeritus of the firm’s Bankruptcy & Restructuring Department, tells Axios that, although it looks like there will be an increase in deal volume in the retail sector in 2022, “in the near-term we may see a pause in some auction processes — as bidders evaluate concerns tied to supply chains or the emerging Omicron variant.”

In a media appearance Kenneth A. Rosen, discussed Jessica Simpson's efforts to reclaim her brand before Sequential Brands, the current owner, files for bankruptcy. Simpson and her family aim to be the stalking-horse bidders for the brand, but Rosen pointed out the possibility of Simpson being outbid. He explained that while a bankruptcy judge might grant Simpson's request, it only guarantees her the position of the first bidder, leaving room for others to submit higher bids.

Kenneth Rosen, a bankruptcy attorney, is quoted in the article. He comments on the situation at Neiman Marcus, suggesting that the company might have avoided complaints if the decision-making had been left to non-executive board members. Rosen implies that individuals with economic interests in the outcome of decisions may not be expected to make impartial decisions. Overall, his statement suggests a broader perspective on corporate decision-making and potential conflicts of interest in the context of bankruptcy.

Kenneth A. Rosen is quoted in Bloomberg Law addressing the fee applications at The Eastern District Virginia court.

Forty-Nine Lowenstein Lawyers Recognized as Top Lawyers in America by Best Lawyers® Best Lawyers®, the only purely peer review™ guide to the legal profession, has selected a total of 49 Lowenstein Sandler lawyers for inclusion in its 27th edition of Best Lawyers in America© and the inaugural release of Best Lawyers: Ones to Watch. Thirty-eight Lowenstein lawyers were named to the Best Lawyers in America publication as recognized by their peers in the legal industry for professional excellence in their respective practice areas; numerous lawyers were named in multiple practice areas (*). They include (in alphabetical order): Lynda A. Bennett John L. Berger* Jeffrey Blumenfeld Bruce D. Buechler Joseph J. DiPasquale Douglas S. Eakeley* Peter H. Ehrenberg* Michael S. Etkin* David W. Field* Steven B. Fuerst* Michael N. Gooen* Andrew E. Graw Mary J. Hildebrand* Michael B. Himmel* John D. Hogoboom* Edward J. Hunter Jennifer Kimble Robert G. Minion* Anthony O. Pergola* Jeffrey D. Prol Warren K. Racusin Andrew Reidy Richard F. Ricci* Gavin J. Rooney* Kenneth A. Rosen* Steven E. Siesser Steven M. Skolnick Brian A. Silikovitz Kenneth J. Slutsky* Norman W. Spindel* Ashley Steinhart* James Stewart* John S. Stolz Raymond P. Thek Jeffrey J. Wild Gary M. Wingens* Alan Wovsaniker* Edward M. Zimmerman* Five Lowenstein lawyers (in bold above) also received a “Lawyer of the Year” award based on their extremely high overall feedback within a specific practice area and metropolitan region

Kenneth A. Rosen, Chair of the Bankruptcy Department, is quoted in Bloomberg Law, addressing the increased demand for bankruptcy attorneys and support services amid the COVID-19 pandemic. Rosen discusses Lowenstein's proactive approach in strengthening its team over the past year, anticipating the economic challenges and the rising need for expertise in bankruptcy matters.

The New York Post article authored by Lisa Fickenscher delves into the situation involving Neiman Marcus CEO Geoffroy van Raemdonck. Initially, Van Raemdonck claimed to forgo his salary amid COVID-19 pandemic-related furloughs, but reports indicate that he continued to receive substantial paychecks, causing discontent among employees. The article provides details on Van Raemdonck's compensation, including bonuses and stock options, raising questions about the company's financial decisions that ultimately led to its Chapter 11 filing. Kenneth Rosen, a bankruptcy attorney at Lowenstein Sandler, expressed concerns regarding the influence of executive pay incentives on decision-making, suggesting potential conflicts of interest that could impact the overall success of the company.

In the New York Post article, Kenneth A Rosen, a bankruptcy attorney, commented, "Simon is trying to send a message to the world that no one is too big to not pay the rent. Everyone will be watching for the first major court decision on whether the pandemic excuses the payment of rent."

Kenneth A. Rosen, partner and Chair of the Bankruptcy & Restructuring Department group, is quoted in WSJ Pro Bankruptcy regarding the bankruptcy proceedings of retailer J. Crew Group Inc. and the company’s move to protect its Asian supply chain in preparation for reopening stores. Rosen compares the action to recent similar retail filings and comments on the resulting protection to vendors.