Jane Rue Wittstein has 33+ years of experience litigating at the trial and appellate levels in state, federal, and bankruptcy courts across the country. She represents both debtors and creditors in chapter 11 cases. Jane's nonbankruptcy experience is also extensive, handling commercial, securities, and product liability litigation for clients in a range of industries including financial services, pharmaceutical, satellite, semiconductor, and automotive, to name a few.
Jane's recent chapter 11 cases include: MF Global Holdings Ltd.; Fresh & Easy; TMST, Inc.; Harry & David; and Davis Petroleum. As counsel to the Plan Administrator in MF Global, Jane secured court approval authorizing Holdings' acquisition of the SIPA estate's remaining assets in August 2015, with a published opinion noting "the Sale Agreement negotiated by these parties represents a creative and novel way to move these cases toward successful conclusions." Additional highlights include successfully mediating a class action settlement in Fresh & Easy, winning a two-day bench trial to terminate Harry & David's underfunded pension plan over the PBGC's objection, successfully defending Evercore and Davis Petroleum in various proceedings up to the Fifth Circuit challenging a prepackaged bankruptcy sale, securing court approval of settlements with the former officers of MF Global and their insurers in 2016 that yielded over $150 million in distribution to creditors, and winning damages for violation of the Barton doctrine from insurers who commenced actions in Bermuda without leave of the Bankruptcy Court.
Jane serves on the National Council of the Ohio State University Moritz College of Law.
Experience
PAG invests in Key Safety Systems to finance acquisition of global assets of Takata Corporation
Jones Day represented PAG Asia Capital Ltd. and PAG Asia II LP in connection with its investment in Key Safety Systems, a subsidiary of China-based Ningbo Joyson Electronic Corporation, to finance the acquisition of substantially all of the global assets of Takata Corporation out of bankruptcy in the U.S. and Japan and certain non-bankruptcy transactions elsewhere in the world.
MF Global obtains fast track confirmation of chapter 11 plan of liquidation
Jones Day represented an ad hoc group of financial institutions holding more than $1.6 billion in claims in the chapter 11 bankruptcy cases of MF Global Holdings Ltd. and its related debtors.
MF Global wins Court approval to acquire assets of SIPA estate
Jones Day represents MF Global Holdings Ltd. ("Holdings") as Plan Administrator in the implementation of its Plan of Liquidation.
NII Holdings obtains approval for reorganization plan
Jones Day client NII Holdings, Inc. obtained approval for its chapter 11 reorganization plan following a 9-day contested trial on confirmation.
Green Field ad hoc committee forges consensus with parties
Jones Day represented an ad hoc group of holders of $250,000,000 13% Senior Secured Notes issued by fracking and oilfield services provider Green Field Energy Services, Inc. (GFES).
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.
Onex is represented as equity sponsor and creditor in chapter 11 case for Hawker Beechcraft
Jones Day represented Onex Corporation, as equity sponsor and creditor, in the chapter 11 case for Hawker Beechcraft Corporation which was a world-leading manufacturer of business, special-mission and trainer aircraft.
Royal Bank of Scotland obtains dismissal of certain claims pending in Thornburg bankruptcy case
Jones Day obtained dismissal of 22 out of 31 claims for The Royal Bank of Scotland Plc that were filed by the Chapter 11 Trustee 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.
Evercore Capital acquires various Davis Petroleum entities in bankruptcy buyout
Jones Day advised Evercore Capital Partners II, L.P. in its $150 million acquisition, along with Red Mountain Capital Partners and Sankaty Advisors, of Davis Petroleum Corp., Davis Offshore, L.P. and Davis Petroleum Pipeline LLC in a bankruptcy buyout.
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.
Additional Publications
- March 2018Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims, Harvard Law School Bankruptcy Roundtable
- April 2015Foreign Representative Lacks Standing to Assert State-Law Avoidance Claims in Chapter 15 Case, INSOL International News Update
Speaking Engagements
- April 12, 2012PLI's Bankruptcy & Reorganizations 2012: Current Developments panel with Judge Drain on Current Jurisdictional and Procedural Issues - Stern v. Marshall and its progeny
- April 14, 2011PLI's Bankruptcy & Reorganizations: Current Developments 2011 Current Jurisdictional and Procedural Issues
- The Ohio State University (J.D. with honors 1985; Order of the Coif; Research Editor, Law Journal); Miami University (B.A. cum laude 1982)
- New York; U.S. District Courts for the Southern and Eastern Districts of New York, Southern District of Ohio, and Central District of California; U.S. Courts of Appeals for the Second, Third, and Fifth Circuits; and U.S. Supreme Court
Acritas "Star Lawyer" (2018 and 2019)
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’"