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Joseph Samet
Joseph Samet
Baker & McKenzie LLP
New York




Partner
+ 1 212 891 3565
+ 1 212 310 1665

Joseph Samet is a member of the Firm's Global Recovery, Restructuring and Bankruptcy Group in the New York office. For more than three decades, Mr. Samet has represented all parties in interest in US and international workouts and restructurings, chapter 11 reorganizations, and bankruptcy cases. He also counsels clients and transactional lawyers on distressed deals and creditor/debtor issues in corporate transactions and loans. He covers issues relating to insurance, structured finance, SIPC, debtor-in-possession financing, sales of assets and intellectual property. Mr. Samet is regularly listed among the leading insolvency, restructuring and/or banking lawyers by Super Lawyers, Best Lawyers, and Who's Who in America.

Practice Focus

Mr. Samet represents parties in interest on potential creditors' rights/bankruptcy implications of domestic and cross-border deals, in acquisitions and distressed investments, on structured finance and corporate governance issues, as well as in pre-bankruptcy litigation. This covers financially distressed corporations and partnerships across various industries including — manufacturing, retail, service, airlines, energy, healthcare, real estate, professional firms, e-commerce, insurance and telecommunications. He prosecutes and defends "clawback" - preference, fraudulent conveyance, equitable subordination and substantive consolidation actions. He is active in board and officer/director and partner liability issues and related litigation. Mr. Samet has also testified as an expert witness in jury trials and in an international arbitration. He is a mediator in the Southern District of New York.

Representative Legal Matters

Mr. Samet has represented diverse parties in interest including in the following chapter 11 insolvency and restructuring matters: Lehman Brothers, Madoff, Vitro, Coudert, Heller, Satmex, Sancor restructurings, Allegiance Telecom, Harnischfeger, and ACA and SCA Monoline insurance restructurings.

Professional Associations and Memberships

  • American Bankruptcy Institute
  • Association of the Bar of the City of New York
  • American Bar Association
  • Commercial Law League of America
  • Turnaround Management Association
  • Barry Zaretsky Bankruptcy Roundtable at Brooklyn Law School - Steering Committee
  • New York State Bar Association
  • Brooklyn Law School - Adjunct Professor (1986-87)
  • International Institute for Conflict Prevention & Resolution (CPR) - Banking - Chair, mediation sub-committee

Admission

U.S. Supreme Court~United States (1979)
U.S. Court of Appeals, Second Circuit~United States (1976)
New York~United States (1975)
U.S. District Court, Southern District of New York~United States (1975)
U.S. District Court, Eastern District of New York~United States (1975)

Education

Brooklyn Law School  (J.D. Honors) (1974)
Queens College, New York  (B.A. Honors) (1971)

Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie International, a Verein organized under the laws of Switzerland.
Mr. Samet regularly chairs and teaches advanced and basic CLE seminars for various organizations, including the Practising Law Institute and the American Bankruptcy Institute. He has written extensively, including for Collier on Bankruptcy and the Collier Bankruptcy Practice Guide, and is co-author of the annotated Herzog’s Bankruptcy Forms and Practice, published by Thomson Reuters. In 2004, he received the Burton Award for Legal Achievement for co-authoring "When Worlds Collide: Intellectual Property and Arbitration Rights in Bankruptcy Cases."
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