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Michael A. Kaplan

Partner

New York / New Jersey
T: +1 973.597.2302 F: +1 973.597.2303 mkaplan@lowenstein.com
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  • EXPERIENCE
  • HONORS & AWARDS
  • NEWS & INSIGHTS

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Michael Kaplan represents clients in high-stakes litigation and appeals in federal and state courts throughout the country, as well as in domestic and international arbitrations.

He has extensive experience in every stage of bankruptcy litigation, from investigating potential claims and causes of action to commencing adversary proceedings on behalf of committees and liquidating trusts. Michael’s experience enables him not only to respond to any type of litigation that arises during a bankruptcy case but also to craft litigation strategies that are both effective and efficient. His experience investigating and litigating claims against directors and officers allows him to provide vigorous representation to clients facing such claims or seeking to bring them.  

Because of his diverse commercial litigation experience, which includes extensive work on products liability, mass tort, toxic tort, dram shop, and employment cases, Michael understands that litigation is an evolving art and that litigators need to possess a constantly changing array of skills. His focus is always on understanding his clients’ goals and then creating and executing a litigation strategy to achieve them.

In addition to his passion for litigation, Michael is committed to giving back to the community. He regularly provides pro bono representation to victims of domestic violence through the firm's relationship with Partners for Women and Justice and the Rachel Coalition.

Prior to joining the firm, Michael served as a judicial law clerk to Chief Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York.

Bankruptcy Litigation, Committee Representations:

  • Century 21 Department Stores: Investigated potential estate causes of action relating to prepetition transactions involving the company’s family owners and their network of entities. Based on its investigative findings, the Committee was able to negotiate a global settlement that involved the sale of insurance claims and mutual releases for the family and entities in exchange for $59 million for the estate, plus potential proceedings sharing on the insurance claims.
  • Exide Holdings, Inc.: Investigated potential causes of action for fraudulent conveyances and preference avoidance held by the Debtors’ estates. In connection with its investigation, the Committee conducted over a dozen witness interviews and reviewed over 10,000 documents. Based on its findings, the Committee was able to negotiate a global settlement that included a $2.4 million settlement for unsecured creditors.
  • Mission Coal Company, LLC, a Tennessee coal mining company: Led a three-month Rule 2004 investigation and filed a motion seeking standing to prosecute a 52-count complaint, which included claims for avoidance of fraudulent transfers, recharacterization of debt as equity, equitable subordination, and corporate waste. The matter culminated in a contested confirmation trial, which resulted in the parties resolving all outstanding issues for total consideration of approximately $29 million for the estate.
  • SportCo Holdings, Inc.: Prosecuted Rule 2004 motions against the debtors; conducted extensive investigation into potential claims held by the debtors’ estates; successfully negotiated a resolution with the lender that established a litigation trust for the benefit of creditors

Business Litigation:

  • Secured removal of state court action and then successful dismissal of employment based claims against Connecticut-based pharmaceutical company.
  • Telcordia Technologies Inc., a subsidiary of Ericsson: Successfully defended subcontractor in bench trial over breach of contract and quantum meruit claims where the prime contractor had declared bankruptcy.
  • AGL Resources Inc.: Secured significant victory in a civil case arising from claims of injuries from a minor vehicle accident; jury rendered a no-cause verdict and found the client was not negligent.
  • Aramark Corporation: In litigation arising from an accident on property managed by Aramark, the jury determined that the client was not liable.
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Education

  • Syracuse University College of Law (J.D. 2011), summa cum laude; Lead Articles Editor, Syracuse Law Review; Executive Director, Moot Court Honor Society

    Temple University (B.A. 2008), Political Science, summa cum laude

Affiliations

  • Trustee, Partners for Women & Justice

Admissions

  • New York
  • New Jersey
  • District of Columbia
  • Pennsylvania

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