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Morabito, Erika

Erika L. Morabito

Partner

erikamorabito@quinnemanuel.com
Direct Tel: +1 202 538 8334, Direct Fax: +1 202 538 8100
Washington, D.C.
Tel: +1 202 538 8000 Fax: +1 202 538 8100

Erika L. Morabito is a partner, litigator, trial attorney, and restructuring lawyer at Quinn Emanuel. Erika concentrates her practice in bankruptcy, creditors’ rights, debtor reorganizations, and out-of-court restructurings.

Ms. Morabito was recently elected as a Fellow of the prestigious American College of Bankruptcy and she also serves as a member of the Board of Directors for the American Bankruptcy Institute.  She is repeatedly recognized as one of The Best Lawyers in America© in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, as well as Chambers USA: America’s Leading Business Lawyers for bankruptcy/restructuring. In Chambers USA, Erika was described as  “super smart and very knowledgeable on debtor and creditor law" and “outstanding in her representation, very strategic, responsive and connected." Erika is consistently praised for being “fearless in court and not afraid to stand her ground”, but also complimented for her “balanced advocacy and deal-oriented” mindset. In 2020, Lawdragon named her one of “500 Leading U.S. Bankruptcy and Restructuring Lawyers” and in 2021 she was selected by Global Law Experts as the Global Debtor and Creditor Law Expert of the Year in Washington, D.C.  Most recently, Ms. Morabito represented clients in large bankruptcy proceedings including Shiloh Industries, Pier 1, Toys R Us, Sears, LeClairRyan PLLC, GST Autoleather, Brooks Brothers, and Intelsat, S.A. 

Erika regularly represents chapter 11 debtors, creditors' committees, chapter 7 and chapter 11 Trustees, shareholders, individuals, businesses, ad hoc, and special committees, as well as Federal Court appointed Receivers. Erika also frequently advises and represents clients in creditors’ rights litigation, avoidance actions, claims disputes, out-of-court restructurings, and the purchase and sale of assets under the Bankruptcy Code. She also has extensive experience representing individuals, officers and directors, businesses, financial institutions, corporations, partnerships, and other entities involved in commercial transactions, large bankruptcy, and litigation matters, including retail, airline, automotive, coal, health, fraud, and Ponzi scheme matters. Ms. Morabito’s practice includes restructuring work and complex commercial litigation cases in state and federal courts throughout the U.S. and internationally.

Ms. Morabito regularly lectures for the American Bankruptcy Institute and serves on various Boards that help to provide continuing education and updates on current bankruptcy topics.

  • Serves as lead counsel to the Administrative Expense Claims Representative in In re Sears Holding Corp., currently pending in the Bankruptcy Court for the Southern District of New York.
  • Serves as special counsel to the chapter 7 Trustee in the law firm bankruptcy case of re LeClairRyan, currently pending in the Bankruptcy Court for the Eastern District of Virginia.
  • Served as lead counsel to the Official Committee of Unsecured Creditors in the automotive bankruptcy case of Shiloh Industries, Inc., pending in the U.S. Bankruptcy Court for the District of Delaware. Shiloh Industries is a global innovative solutions provider focusing on lightweighting technologies that provide environmental and safety benefits to the mobility market.
  • Served as lead counsel to an ad hoc Shareholder Group of Intelsat, S.A., pending in the U.S. Bankruptcy Court for the Eastern District of Virginia.
  • Represented Briggs & Stratton Corporation, the world's largest small engine producer and a leading U.S. manufacturer of power generation, lawn and garden turf care and job site products, in its chapter 11 case involving over $500 million in funded debt.
  • Served as lead counsel to the Official Committee of Unsecured Creditors in the retail bankruptcy case of Pier 1, pending in the U.S. Bankruptcy Court for the Eastern District of Virginia.
  • Represented one of the largest unsecured creditors (and Member of the Unsecured Creditors Committee) in the retail bankruptcy case of Brooks Brothers Group, Inc., a large chapter 11 retail clothing case in the U.S. Bankruptcy Court for the District of Delaware.
  • Represented largest secured creditor, EagleBank, in the chapter 11 retail bankruptcy case of Matchbox Restaurant Group, a 12-unit Washington D.C.-based casual-dining operator. This case is filed in U.S. Bankruptcy Court for the District of Maryland and involves the restructuring of $50 to $100 million of liabilities. The company has locations throughout Washington D.C., Maryland, Virginia, Texas and Florida.
  • Served as lead counsel to the largest ad-hoc group of administrative vendors in the retail bankruptcy case of In re Sears Holding Corp, currently pending in the Bankruptcy Court for the Southern District of New York.
  • Served as lead counsel to the largest ad-hoc group of administrative vendors in the retail bankruptcy case of In re Toys R Us, currently pending in the Bankruptcy Court for the Eastern District of Virginia.
  • Served as lead counsel to the Stalking-Horse Bidder PureStar Linen Group LLC in the successful purchase of assets and operations in the Centerstone Linen Services LLC d/b/a Clarus Linen Systems, chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Northern District of New York
  • Served as lead counsel to the Official Committee of Unsecured Creditors in the chapter 11 automotive bankruptcy cases of GST AutoLeather Inc. and its affiliated entities in the U.S. Bankruptcy Court for the District of Delaware. This sale won Special Situation M&A Deal (mid-market) of the Year from the prestigious Turnaround Atlas Awards.
  • Represented one of the largest unsecured creditors (and former member of the Unsecured Creditors’ Committee) in the J&M Sales (National Stores retail bankruptcy, in pursuing state law causes of action against the Company’s CEO in the U.S. District Court for the Southern District of New York.
  • Served as lead counsel to the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Samuels Jewelers, currently pending in the U.S. Bankruptcy Court for the District of Delaware. As counsel to the Committee, Erika negotiated a global settlement with the Debtor and Lenders, which provided a litigation sharing mechanism that provides for potential recoveries for unsecured creditors, where such creditors otherwise anticipated little to no recovery.
  • Represented the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Heritage Home Group, currently pending in the U.S. Bankruptcy Court for the District of Delaware
  • Represented the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Velocity Holding Company, in the U.S. Bankruptcy Court for the District of Delaware.
  • Represented the indenture trustee and largest unsecured creditor on the Official Committee of Unsecured Creditors in In re Alpha Natural Resources Inc., a large coal case in the Bankruptcy Court for the Eastern District of Virginia.
  • Represented National Heritage Foundation, a large nonprofit organization, in chapter 11 proceedings in the Eastern District of Virginia (In re National Heritage Foundation). Representation includes chapter 11 post-petition claims and defending the Reorganized Debtor in various appeals arising out of the bankruptcy proceedings before the U.S. District Court for the Eastern District of Virginia, the Fourth Circuit Court of Appeals, and the U.S. Supreme Court.
  • Represented a Federal Court Appointed Receiver for a large international bank, who was appointed by the U.S. District Court for the Eastern District of Virginia. The receivership arises out of approximately $34 million owed to the bank. Also represents the Receiver in a multimillion-dollar national arbitration claim regarding a construction dispute arising out of the NSA’s building of the Utah Data Center.
  • Served as lead counsel to M&P Patent, a Lichtenstein pharmaceutical corporation, in a contractual dispute with a large, multinational corporation, concerning rights under an intellectual property agreement. Successfully resolved the dispute in multiple forums, including in international arbitration in Switzerland, the U.S. District Court for the Eastern District of Virginia and the U.S. Court of Federal Claims.
  • Served as special counsel to Ray Yancey in his capacity as the chapter 7 Trustee for the estate of MS Grand Inc. and in his capacity as the Chapter 11 Trustee for the estates of Min Sik Kang and Man Sun Kang. As special counsel to the Trustee litigated against the former Examiner, his attorneys and his financial analyst regarding the disallowance and claw-back of significant administrative fees sought by the Receiver from the two estates.
  • Served as lead counsel in representing a reorganized debtor against its insurance company for bad faith claims resulting in the bankruptcy filing. Achieved a multimillion-dollar settlement, well in excess of policy limits, on the first day of trial.
  • Served as lead counsel in defending Texas Capital Bank in an adversary proceeding filed in the U.S. Bankruptcy Court for the Eastern District of Virginia (In re Taneja).
  • Serves as outside general counsel to Airlines Reporting Corporation (ARC), advising on numerous issues involving litigation and arbitrations, compliance with OFAC, data privacy, data security, FTC, and tax regulations, trademarks, e-commerce, bankruptcy, and drafting and enforcing contracts. In addition, Erika has represented ARC in numerous complex commercial litigation and arbitration matters throughout the country, including in the U.S. District Court for the Eastern District of Virginia, the Supreme Court of New York and Arlington Circuit Court.
  • Served as lead co-counsel on behalf of Distinctive Apparel Inc., a DIP Lender and stalking horse bidder, in In re Women’s Apparel Group LLC in U.S. Bankruptcy Court for the District of Massachusetts.
  • Represented secured and unsecured creditors, including landlords, in connection with large bankruptcy filings in the Eastern District of Virginia, including In re Circuit City Stores Inc, In re Land America, and In re Movie Gallery Inc.
  • Served as lead counsel to a consortium of some of the nation's major airports in In re US Airways, In re United Airlines, In re Aloha Airlines, In re Delta Airlines, and In re Northwest Airlines, the last two of which were mega-cases filed in the Southern District of New York.
  • Served as lead counsel to Arcadia Aviation WEY LLC, a leading charter and aircraft management firm, in proceedings in In re Southlake Aviation LLC, a case in the U.S. Bankruptcy Court for the Northern District of Texas.
  • Advised unsecured and secured creditors in connection with various bankruptcy filings of airlines, including In Re US Airways Group Inc., In re American Airlines Inc., In re Mesa Air Group Inc., In re Ambassadors International Inc., In re Japan Airlines Corporation, In re EOS Airlines Inc., In re Compania Mexicana de Aviacion, S.A. de C.V. and In re Air Baltic
  • Served as Debtor’s counsel to troubled automotive holding companies, Intermet Corporation and Venture Holdings LLC.
  • Served as counsel to the debtors in several chapter 11 bankruptcy cases pending in the District of Delaware, including In re ProxyMed Transaction Services Inc. and In re Diamond Glass Inc., automotive supplier bankruptcy case.
  • Served as counsel to the Official Committee of Unsecured Creditors in chapter 11 cases pending in the District of Delaware, including In re Fluid Routing Solutions, Intermediate Holding Corp.
  • Served as counsel for the Official Committee of Unsecured Creditors in In re Lancer Partners LP, a hedge fund chapter 11 bankruptcy case pending in the Southern District of Florida.
  • Served as lead counsel to various members of Official Committees of Unsecured Creditors in several large bankruptcy proceedings throughout the country, such as In re Federal Mogul and In re Touch America
  • Syracuse University College of Law
    (J.D., cum laude, 1999)
  • Oswego State University
    (B.A., magna cum laude, 1995)
    • NCAA scholar-athlete
  • The District of Columbia Bar
  • The State Bar of North Carolina
  • United States District Court:
    • Eastern District of Virginia
    • Western District of Virginia
    • District of Maryland
  • United States Court of Appeals:
    • District of Columbia Circuit
    • Fourth Circuit
    • Federal Circuit
  • United States Bankruptcy Court:
    • Eastern District of Virginia
    • Western District of Virginia
  • United States Supreme Court
  • United States Patent and Trademark Office
  • Foley & Lardner LLP:
    • Partner, 2011-2021
  • Patton Boggs LP:
    • Partner, 2009-2011
  • Foley & Lardner LLP:
    • Partner, 2002-2010
  • Selected, Law360 MVP for Bankruptcy (2021)
  • Selected, 2021 Global Debtor and Creditor Law Expert of the Year in Washington D.C., Global Law Experts
  • Elected, Fellow of the American College of Bankruptcy (2021)
  • Recognized, Chambers USA: America’s Leading Business Lawyers for bankruptcy/restructuring (2016-2021)
    • "She is fearless in court and not afraid to stand her ground."
    • "She is a very balanced advocate and is deal-oriented." 
    • "She keeps the big picture in mind."
    • "She is super smart and very knowledgeable on debtor and creditor law"
    • "She is outstanding in her representation, she is very strategic, responsive and connected"
  • Recognized, Washington, D.C. Super Lawyers® (2014-2021)
  • Selected by peers for inclusion in The Best Lawyers in America© in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2020-2021)
  • Selected, 2020 Top Lawyers list, Washingtonian Magazine (2020)
  • Selected by Lawdragon as one of the 500 Leading U.S. Bankruptcy and Restructuring Lawyers (2020)
  • Winner, Top USA Women Dealmaker in restructuring, Global M&A Network (2019)
  • Recipient, “Women in Law Awards,” Lawyer Monthly (2018)
  • Recommended, The Legal 500 (2015)
  • "brilliant mind and a savvy lawyer"
  • Panelist, “Release and Exculpation Provisions in Chapter 11 Plans", Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, September 10, 2021
  • Panelist, “Witness Preparation: A Roundtable Discussion,” American Bankruptcy Institute (December 3, 2020)
  • Quoted, “Shiloh Industries Sale to Stalking Horse MiddleGround Capital Affiliate Approved Following Settlement With UCC; Up to $3M Potentially Available to GUCs,” Reorg® (November 10, 2020)
  • Mentioned, “LeClairRyan Trustee Claims Funds Misdirected to UnitedLex (1),” Bloomberg Law Reports – Bankruptcy Law (October 27, 2020)
  • Panelist, “Epiq Hosts Panel Discussion On Bankruptcy By the Numbers: The Next Chapter in Trends at Insolvency 2020,” Epiq Global (October 27, 2020)
  • Quoted, “Shiloh Bid Procedures Approved,” Reorg® (September 25, 2020)
  • Mentioned, “Trustee looks to question former LeClairRyan insiders in bankruptcy case,” Richmond BizSense (September 8, 2020)
  • Quoted, “Pair of Entrepreneurs Aim to Refashion Zombie Retailers Into Online Powerhouses,” WSJ (August 25, 2020)
  • Quoted, “Brooks Brothers to Proceed With $325M Sale to SPARC Group,” WWD (Women’s Wear Daily) (August 14, 2020)
  • Quoted, “Pier 1 Imports Gets $20 Million Offer for Branding, Online Business,” WSJ (July 6, 2020)
  • Quoted, “Retail thought it was facing the apocalypse. Then came the coronavirus,” Los Angeles Times (April 6, 2020)
  • Quoted, “Retail Groups Implore Gov't for Credit, Economic Relief,” WWD (Women's Wear Daily) (March 19, 2020)
  • Mentioned, “Special counsel hired to pursue potential litigation in LeClairRyan bankruptcy,” Richmond BizSense (March 11, 2020)
  • Quoted, “Sears Vendors to Take Haircut While Lawyers Get Paid,” WSJ Pro Bankruptcy (December 12, 2019)
  • Panelist, “The Shifting Sands of Corporate Fiduciary Duties in Insolvency: Best Practices & Potential Pitfalls in D&O Insurance Litigation,” 34th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice (September 15, 2019)
  • Panelist, “Bankruptcy Litigation – Topics, Trends, Practice Pointers,” 2019 ABI Mid-Atlantic Conference (August 3, 2019)
  • “A Primer on the Uniform Voidable Transactions Act: Substance, Implementation, and Legal Interpretation,” American Bankruptcy Institute Annual Spring Meeting (April 20, 2018)
  • Quoted, “GST AutoLeather Cleared For Ch. 11 Bidding, Borrowing,” Law360 (November 2017)
  • Quoted, “GST AutoLeather Wins Court Approval of Bankruptcy Sale Process,” WSJ Pro Bankruptcy (November 2017)
  • Panelist, “Eye on Bankruptcy,” American Bankruptcy Institute (October 26, 2017)
  • “You Thought Claims Were Simple: Recent Issues in Commercial and Consumer Cases Regarding Proof of Claims,” Bankruptcy Section of the Richmond Bar Association (November 2015)
  • "Recent Developments for Advanced Bankruptcy Practitioners," Virginia Mid-Atlantic Institute on Bankruptcy and Reorganization Practice Conference (September 2015)
  • Co-author, “How To Determine Whether a Debtor’s Interest in a Decedent’s Estate is (Or May Become) Part of the Debtor’s Bankruptcy Estate,” NABTalk (Fall 2014)
  • “Fraudulent Transfers and Ponzi Schemes,” Georgetown Views from the Bench (October 24, 2014)
  • “Convoluted Pollution: The (Sometimes) Messy Collision of Bankruptcy and Environmental Issues,” Mid-Atlantic Bankruptcy Workshop (July 31-August 2, 2014)
  • “Chapter 11 Practitioners: Ponzi Scheme Bankruptcies,” 28th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice (September 20, 2013)
  • “Views from the Bench: Tips to New Bankruptcy Practitioners,” Mid-Atlantic Bankruptcy Workshop (August 8-10, 2013)
  • Quoted, “Lawyers Find Flexibility at Boutique Firms, Universities,” Dow Jones Daily Bankruptcy Review (May 22, 2013)
  • Quoted, “Law Journal: Companies in Chapter 11 Face Express Trip to Auction Block,” Wall Street Journal (January 14, 2013)
  • Quoted, “Bankruptcy Milestones Put Companies on Short Leashes,” Dow Jones Daily Bankruptcy Review (January 7, 2013)
  • “Post-Petition Bankruptcy Financing,” Strafford seminar (February 23, 2012)
  • “Post-Petition Secured Financing,” Central New York Bankruptcy Bar Association’s Sixteenth Annual Bankruptcy Conference (November 11-12, 2011)
  • “Debtor-in-Possession and Exit Financing in Today’s Market,” a chapter in Aspatore Books’ Debtor-in-Possession and Exit Financing: Leading Lawyers on Securing Funding and Analyzing Recent Trends in Bankruptcy Financing (Inside the Minds) (February 2010)
  • “Poker and Chapter 11 Plan Stonewalling: Know When to Hold’Em and Know When to Fold ‘Em,”  Bloomberg Law Reports – Bankruptcy Law (September 2010)
  • Fellow, American College of Bankruptcy
  • Board of Directors, American Bankruptcy Institute (ABI)
  • Advisory Board, Georgetown Views from the Bench
  • Advisory Board, ABI’s Mid-Atlantic Workshop
  • Advisory Board, Mid-Atlantic Institute on Bankruptcy and Reorganization Practice
  • Member, several judicial interview panels in the Commonwealth of Virginia
  • Past Chair, Bankruptcy Section of the Virginia State Bar
  • Member, American Bar Association
  • Member, American Bankruptcy Institute
  • Member, Virginia Bar Association
  • Member, Richmond Bar Association
  • Member, Arlington County Bar Association
  • Member, Fairfax County Bar Association
  • Member, Walter P. Chandler American Inn of Court
  • Member, Northern Virginia Bankruptcy Bar Association
  • Member, Northern Virginia Women’s Bar Association
  • Member, District of Columbia Bar
  • Member, Federal Bar Association
  • Volunteer, Nation’s Capital CARE (Credit Abuse Resistance Education) Program