Jane Rue Wittstein

Jane Rue Wittstein has 30 years of experience litigating at the trial and appellate levels in state, federal, and bankruptcy courts across the country. Her bankruptcy experience includes representing debtors, reorganized debtors, lender groups, 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 (automotive, pharmaceutical, satellite, semiconductor, and financial services, to name a few).

Recent chapter 11 cases include: MF Global Holdings Ltd.; Fresh & Easy; NII Holdings; TMST, Inc.; Hawker Beechcraft; Lehman; Harry & David; and Davis Petroleum. As counsel to the Plan Administrator in MF Global, Jane helped resolve or cap hundreds of millions of dollars in claims to enable creditor distributions, and in August 2015 secured court approval authorizing Holdings' acquisition of the SIPA estate's remaining assets. The bankruptcy court wrote: "[T]hese Motions mark a signal accomplishment in these very difficult cases. The Sale Agreement negotiated by these parties represents a creative and novel way to move these cases toward successful conclusions." Other recent 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, and successfully defending Evercore and Davis Petroleum in various proceedings up to the Fifth Circuit challenging the acquisition of Davis Petroleum through a prepackaged bankruptcy sale. [1]