FacultyFaculty/Author Profile

Jane Rue Wittstein

Jones Day

New York, NY, USA


Jane Rue Wittstein has 27 years of experience litigating at the trial and appellate levels in state, federal, and bankruptcy courts across the country. In bankruptcy litigation and appeals, Jane has represented debtors, reorganized debtors, lender groups, creditors, and unsecured creditors' committees in numerous adversary proceedings and contested matters, including pension terminations, revocation actions, DIP financing proceedings, preference actions, claims objections, fraudulent conveyance proceedings, turnover actions, and plan objections.

Jane has litigated in various chapter 11 cases in New York, Delaware, New Jersey, Maryland, Texas, and Florida, including Lehman Brothers Holdings, Thornburg Mortgage, Harry & David Holdings, Davis Petroleum Corporation, Old Carco Liquidation Trust (successor-in-interest to Old Carco LLC, f/k/a Chrysler LLC), Interep National Radio Sales, FLYi, Meridian Automotive Systems, Musicland, TWA, and Drexel Burnham Lambert. In 2011, Jane obtained Delaware bankruptcy court approval of the distress termination of Harry & David's pension plan over the PBGC's objection after a two-day bench trial. From 2006 to 2011, Jane successfully defended Evercore Capital Partners and Davis Petroleum Corporation in various litigations and appeals up to the Fifth Circuit challenging the acquisition of Davis Petroleum through a prepackaged bankruptcy sale. Jane has also litigated various aspects of bankruptcy jurisdiction, including removal to bankruptcy court and withdrawal of the reference for noncore matters.

Jane's non-bankruptcy experience is extensive, including more than a decade of product liability litigation (pharmaceutical, automotive, and toxic tort), contract disputes, securities litigation, and commercial arbitration. She currently serves on the National Council of the Ohio State University College of Law.

Experience

Computershare Trust Company achieves win-win litigation settlement on behalf of Travelport senior noteholders

Jones Day, on behalf of Computershare Trust Company, N.A. in its capacity as indenture trustee for various series of senior unsecured notes issued by Travelport LLC, successfully resolved litigation arising out of a 2011 transaction, including claims for fraudulent transfer brought by Computershare on behalf of all senior noteholders in connection with such transaction.

Royal Bank of Scotland dismissal request pending in Thornburg bankruptcy case

Jones Day represents The Royal Bank of Scotland and certain of its affiliates in connection with a lawsuit filed by the Chapter 11 Trustee appointed in the chapter 11 case of Thornburg Mortgage, Inc.

Lehman Brothers bankruptcy estate obtains advice in connection with potential litigation concerning derivative transactions

Jones Day represents Lehman Brothers Holdings Inc. and its affiliated debtors and debtors-in-possession in the chapter 11 bankruptcy proceedings before the United States Bankruptcy Court.

Harry & David negotiates pre-arranged bankruptcy plan

Jones Day represented Harry & David Holdings, Inc. and its affiliates in their chapter 11 cases filed in the District of Delaware.

Lehman Holdings defends actions brought by Barclays for alleged failure to pay placement fees

Jones Day represented Lehman Brothers Holdings Inc. and certain Real Estate Funds, which were all at one time owned by Lehman (collectively, "Lehman") in two actions brought by Barclays alleging that Lehman failed to pay more than $30 million dollars in placement fees to the "Private Investment Management" group, a former division of Lehman that was purchased by Barclays.

Interep National Radio Sales files for bankruptcy

Jones Day represented Interep National Radio Sales, Inc. and its direct and indirect wholly-owned subsidiaries in their ongoing chapter 11 cases commenced as a means to implement the terms of a pre-negotiated plan of reorganization for the company that will provide for a comprehensive restructuring of the company's balance sheet, principally by effecting an equity conversion of the company's $100 million in Senior Subordinated Notes.

Davis Petroleum obtains summary judgment against former shareholders' action seeking revocation in reorganization

Jones Day defended the reorganized debtors Davis Petroleum Co. in an adversary proceeding brought by a former shareholder seeking revocation of the confirmed prepackaged reorganization plan under section 1144 of the Bankruptcy Code; obtained dismissal on summary judgment.

FLYi Inc. and Independence Air file for bankruptcy with $455 million in debt

Jones Day represented FLYi, Inc., its operating entity, Independence Air, and their respective subsidiaries in filing voluntary petitions for reorganization under chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.

Meridian Automotive lienholders seek protection of rights

Jones Day represented the second lien lenders in the chapter 11 case of Meridian Automotive Systems, an auto parts supplier.

IBM wins defense verdict in San Jose workers' toxic tort litigation case

In the first "toxic tort" case involving the microelectronics industry to go to trial anywhere in the U.S., Jones Day successfully obtained a unanimous defense verdict for International Business Machines Corporation (IBM) in a California jury trial.

TWA files for bankruptcy with $4 billion in debt

Jones Day represented Trans World Airlines in its first chapter 11 case.

Publications

Nov/ Dec 2012
In re Charter Communications: Driving the Equitable Mootness Wedge Deeper? 

June 2003
Decoding Summer Dress Codes, New York Law Journal Magazine - PDF Only 

Speaking Engagements

  • April 12, 2012 - PLI's Bankruptcy & Reorganizations 2012: Current Developments panel with Judge Drain on Current Jurisdictional and Procedural Issues - Stern v. Marshall and its progeny New York, New York
  • April 14, 2011 - PLI's Bankruptcy & Reorganizations: Current Developments 2011 Current Jurisdictional and Procedural Issues New York, New York

Areas of Focus

  • Business Restructuring & Reorganization
  • Business and Tort Litigation (USA)
  • Product Liability Litigation
  • Distressed Company Litigation

Honors & Distinctions

  • Legal 500 US (2012): finance — corporate restructuring "recommended lawyer" recognized as a "leading name" in Jones Day's restructuring practice "who is praised for her ‘good street sense’ and ‘comprehensive knowledge’"
 
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