Biography

Eric Goodman is a Partner in the Firm's Bankruptcy & Corporate Restructuring Practice Group. Eric's practice includes the representation of creditors' committees, national and international companies, federal banking regulators, debtors, secured lenders, and trade creditors in a broad range of matters, including Chapter 11 cases, out-of-court restructurings, cross-border insolvency matters, and bankruptcy-related acquisitions. He has significant litigation experience and has performed substantial work with respect to matters involving insolvent financial institutions, mass tort bankruptcies, distressed automotive suppliers, intellectual property rights in bankruptcy, and the oil and gas industry.

Eric is a member of INSOL International, the National Association of Federal Equity Receivers, and a contributing author to Inside the Minds: Creditors' Rights in Chapter 11 Cases, 2012 ed., and the second edition of Bankruptcy Business Acquisitions, a comprehensive guide to selling and acquiring assets in bankruptcy. Eric has also authored several articles addressing the rights of creditors under the Bankruptcy Code and the Uniform Commercial Code.

Eric is ranked in The Legal 500 US and Chambers USA for Bankruptcy/Restructuring in Washington, D.C. where he has been specifically recognized for his "strengths in bankruptcy litigation." The Chambers 2021 Guide includes the following client quotes: "He is a great partner to work with in terms of being creative and making sure we use every possible means we can." "He is even-handed and very much a diplomat. He bridges the differences between the disparate parties." "He is an exceptional attorney. He is extremely talented and strategic."

Awards

Representation

In recent years, Eric has worked on the following matters:

Creditor-Side Experience

Lead global counsel to AB Volvo, PSA Automobiles and Opel Automobile in the highly complex global restructuring of Takata Corporation and its affiliates, one of the world’s largest manufacturer and distributor of automotive safety systems. Assisted Volvo, PSA and Opel in navigating the complex issues arising out Takata’s restructuring, which included the sale of substantially all of Takata’s assets through in-court bankruptcy proceedings in the United States and Japan and coordinated out-of-court restructurings in Europe, China, and other jurisdictions.

Represented the Official Committee of Tort Claimants of PG&E Corporation and its regulated utility subsidiary Pacific Gas and Electric Company in connection with the approval of PG&E’s $59 billion reorganization plan, which involved the issuance of new debt and equity to pay for $25.5 billion in wildfire-related claims. Led litigation against the U.S. Department of Homeland Security and certain California State Agencies involving claims of first impression under the Stafford Act and California law exceeding $4 billion.

Representing the Coalition of Abused Scouts for Justice in the bankruptcy cases of the Boy Scouts of America, In re Boy Scouts of America and Delaware BSA, LLC, Case No. 20-10343, proceeding before Judge Laurie Silverstein in the Bankruptcy Court for the District of Delaware. The Coalition is comprised of many thousands of survivors of sexual abuse in the Boy Scouts. The Coalition has successfully defended the rights of the survivors against violations of the First Amendment and the Bankruptcy Rules, has been formally made a mediation party to negotiate a plan settlement and is negotiating a plan structure for global resolution of sexual abuse claims against the Boy Scouts, their local councils and other third parties, and their insurers.

Representing the Governmental Plaintiffs Ad Hoc Committee in the bankruptcy cases of Mallinckrodt plc, In re Mallinckrodt PLC, Case No. 20-12422, proceeding before Judge John T. Dorsey in the Bankruptcy Court for the District of Delaware. The Ad Hoc Committee is comprised of (i) 8 States, through their Attorneys General; and (ii) the Plaintiffs’ Executive Committee in the multi-district litigation captioned In re National Prescription Opiate Litigation, Case No. 17-md-02804, MDL No. 2804 (N.D. Ohio) (the “PEC” and the “Opioid MDL”). The PEC is representative of the interests of thousands of cities, counties, American Indian Tribes, hospitals, third-party payors, and other private payors. The Ad Hoc Committee negotiated, on behalf of its members and 42 other U.S. States and Territories, a Restructuring Support Agreement with Mallinckrodt which forms the basis for global resolution of opioid related litigation claims against Mallinckrodt, which was the largest producer of opioids in the United States of America.

Lead counsel to the Federal Deposit Insurance Corp. (FDIC) in highly complex litigation against JPMorgan Chase Bank, N.A., BMO Harris Bank, N.A., FBOP Corporation, and the Pension Benefit Guaranty Corporation involving fraudulent transfer claims and claims regarding the ownership of a $265 million consolidated federal income tax refund. Assisted the FDIC in executing a settlement agreement for $240 million after prevailing against JPMorgan Chase Bank, N.A. and BMO Harris Bank, N.A. on motions to dismiss and against FBOP Corporation and its Trustee-Assignee on cross motions for judgment on the pleadings.

Represented the FDIC as receiver for AmTrust Bank in litigation regarding a substantial capital maintenance commitment under Section 365(o) of the Bankruptcy Code, a dispute regarding the ownership of a $170 million consolidated federal income tax refund, and fraudulent transfer and preference claims arising under Title 12 of the United States Code. Assisted the FDIC in executing a settlement agreement for $170 million resolving the tax refund dispute after the completion of fact and expert discovery.

Represented the FDIC as receiver for IndyMac Bank, FSB and IndyMac Federal Bank, FSB with respect to its $55 million dispute with IndyMac Bancorp Inc., a bank holding company, in the Central District of California over ownership of a consolidated federal income tax refund.

Lead counsel to EmKey Resources, LLC, an oil and gas operator, in the Chapter 11 proceedings of Norse Energy Corp. USA in the Western District of New York. Assisted EmKey Resources, LLC in obtaining title records for its gathering system and certain unitized mineral interests.

Lead counsel to a multiemployer pension fund in the Chapter 11 proceedings of Gorbett Enterprises of Solon Inc., a contributing employer. Assisted client in executing a settlement agreement after filing a competing disclosure statement and Chapter 11 plan of reorganization.

Counsel to DTR Industries Inc. and DTR Tennessee Inc. as secured creditors and suppliers in the Chapter 11 case of Johnson Rubber Company Inc., a Tier 1 automotive parts supplier, in Chapter 11 proceedings.

Lead trial lawyer to Payette Financial Services, LLC, an entrepreneurial private money financial services and lending company, in defense of equitable subrogation claim in state court proceedings. Trial court entered judgment in Payette’s favor after the trial on all claims asserted by it and against it.

Company-Side Experience

Represented Dakota Plains Holdings, Inc. and its affiliates, a midstream energy company, as debtors counsel in connection with debtor-in-possession financing facility and section 363 asset sale in their Chapter 11 cases.

Represented Excello Engineered Systems LLC, a Tier 1 automotive supplier, as debtors counsel in connection with Chapter 11 case and liquidation of assets.

Represented CEP Holdings LLC and its affiliates, a Tier 1 automotive supplier with eleven plants in the United States and Mexico, as debtors counsel in connection with Chapter 11 cases and confirmation of a joint plan of liquidation.

Represented Dana Corporation and its affiliates, a Tier 1 automotive supplier, as debtors counsel in connection with Chapter 11 cases.

*Some of the above matters were handled by Eric prior to joining Brown Rudnick.

Education

University of Michigan Law School – J.D., 2002
Hope College – B.A., summa cum laude, 2000

Bar Admissions

New York
Illinois
Ohio
Massachusetts
District of Columbia
U.S. Court of Appeals for the Sixth and Ninth Circuits
U.S. District Courts for the Northern and Southern Districts of Ohio
U.S. District Courts for the Northern District of Illinois
U.S. District Courts for the Eastern District of Michigan
U.S. District Courts for the Western District of Pennsylvania
U.S. District Courts for the Southern District of New York
Publications
Contributing author, "Creditors' Rights in Chapter 11 Cases, 2012 ed.: Leading Lawyers on Representing and Enforcing the Rights of Creditors in Bankruptcy Matters (Inside the Minds)," Aspatore (2012)
Co-author, "Reclamation Claims and the Rights of Secured Creditors—Sixth Circuit Holds that Secured Creditors Cannot Defeat the Rights of Reclamation Creditors under the UCC," UCC L. J. Vol. 42, No. 2 (2010)
Co-author, "Bankruptcy Court Holds that Postpetition Loan Participation Is Not a Form of Cover Under the Uniform Commercial Code (and Losses Related Thereto Cannot be Set Off or Recouped Against Prepetition Receivables)," Pratt's Journal Of Bankruptcy Law, September Vol. 4, No. 6 (2008)
Co-author, "Reinstatement v. Cramdown: Do Secured Creditors Win or Lose?" Norton Journal of Bankruptcy Law and Practice, Vol. 16, No. 4 (August 2007)
Contributing author, "Bankruptcy Business Acquisitions 2d Edition," American Bankruptcy Institute (2006)
Co-author, "Debtors Beware: The Expanding Universe of Non-Assumable/Non-Assignable Contracts in Bankruptcy," 13 Am. Bankr. Inst. L. Rev. 187 (2005)
Author, "Determining the Proper Application of § 546(c) to a Seller’s Right to Reclaim When There Is a Prior Secured Creditor: A Two Part Test," 20 Bank. Dev. J. 427 (2004)
Speaking Engagements
Speaker, “Overview of Mass Tort Claims in Bankruptcy,” Mass Torts Made Perfect, Sexual Assault and Human Trafficking Cases Webinar (February 2021)
Speaker, “Evaluating the Financial Health of an Entity,” PLI Pocket MBA 2020: Finance for Lawyers and Other Professionals, San Francisco, California (September 2020)
Panelist, “Future Claims, Mass Torts, Channeling Injunctions and Nonconsensual Releases in Chapter 11 Plans,” ABI Caribbean Insolvency Symposium, San Juan, Puerto Rico (February 2020)
Speaker, “The Intersection of Bankruptcy and Intellectual Property,” ABI Bankruptcy Litigation Committee (January 2019)
Speaker, “PG&E Bankruptcy,” Eastern District Conference, Lake Tahoe, California (October 2019)
Panelist, “Section 365: Intellectual Property and Bankruptcy,” Minnesota Bankruptcy Institute, Minneapolis, Minnesota (October 2019)
Speaker, “We’re Not Out of the Woods Yet: Selected Issues for Consideration in an Economically Stressed Environment,” Annual Ernest E. Smith Oil, Gas and Mineral Law Institute, Houston, Texas (April 2017)
Speaker, “Redetermination, Perfection and Bankruptcy in the Oilfield,” Annual Ernest E. Smith Oil, Gas and Mineral Law Institute, Houston, Texas (March 2016)
Professional Affiliations
INSOL International
National Association of Federal Equity Receivers
Awards and Honors
Chambers USA, Bankruptcy/Restructuring, Ohio, 2018-2020, District of Columbia, 2021
The Legal 500 US, Finance – Restructuring (including Bankruptcy): Corporate, 2021
The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2018-2021
International Law Office and Lexology, Client Choice Award, Insolvency and Restructuring, 2019
Super Lawyers, Rising Star, Ohio, 2007, 2009-2017
National Conference of Bankruptcy Judges, Next Generation, Class of 2011