Patrick J. Potter
Partner

Mr. Potter is the head of the firm’s Washington, D.C. and Northern Virginia Insolvency & Restructuring Practices. He advises clients in a variety of industries with respect to a broad range of business problems. Primarily, he litigates commercial disputes in state and federal courts, including the federal bankruptcy courts. He also litigates transaction-avoidance disputes, including those involving fraudulent and preferential transfers, equitable subordination, substantive consolidation and debt/equity characterization.

Much of Mr. Potter’s practice involves counseling and representing clients on financially distressed commercial real estate matters. He represents building owners in restructurings. He also represents various types of real estate lenders as well as REIT and other landlords in their workout and recovery efforts. He represents other types of real estate clients with respect to a variety of business problems, including disputes arising under foreclosure statutes, brokerage agreements, construction contracts and sale agreements. He regularly represents mezzanine and other forms of subordinate lenders, and currently represents the "B" note holder and mezzanine lender in the Georgian Towers chapter 11 proceeding.

In addition, Mr. Potter represents clients in several other industries. For example, he currently represents debtor ReGen Biologics, a developer and manufacturer of meniscus implant products, in its chapter 11 proceedings. He also represents gaming-industry clients in matters pending with the Puerto Rico Bankruptcy Court. He has also represented several telecommunication clients in a series of chapter 11 cases, including Global Crossing and Worldcom. He has represented a variety of different constituents in connection with health care disputes, including the Official Creditors’ Committee in the chapter 11 case of Columbia Hospital for Women. He has represented both sellers and buyers in financially-distressed technology transactions. He has also represented clients in commercial airline bankruptcies. Mr. Potter is involved with several bankruptcy-related pro bono initiatives.

Mr. Potter has worked on several cases decided by the U.S. Supreme Court and various U.S. Courts of Appeals, and has argued a number of times before the Fourth Circuit on a wide variety of bankruptcy issues. His work has resulted in several published judicial decisions. Mr. Potter has authored a number of articles (including a published piece analyzing limitations on the automatic stay), and is regularly interviewed by the press on bankruptcy matters. He regularly lectures on bankruptcy and insolvency matters. He speaks annually on a broad range of insolvency issues at the West Coast Borrowers’ and Investors’ Forum on Real Estate Mezzanine Loans in Los Angeles, sponsored by Information Management Network. Mr. Potter also serves on the Advisory Board Member for the annual Views from the Bench symposium sponsored by the American Bankruptcy Institute and Georgetown University Law Center.

American Bar Association, Section on Business Law; Business Bankruptcy Committee; District of Columbia Bar Association, Bankruptcy Law Sections; Michigan Bar Association, Section on Bankruptcy Law; Virginia Bar Association, Section on Bankruptcy Law

U.S. Supreme Court and numerous circuit and lower courts throughout the United States and Puerto Rico

"Mezzanine Lender & Borrower Workouts: An Update on Strategy," Real Estate Subordinated Debt Origination & Investment Forum, 29-Nov- 2011

"Duties of Directors in the Zone of Insolvency," Pillsbury-Hosted Seminar, 27-September-2011

"When Partners Collide: The Impact of the Market Meltdown on Real Estate Joint Ventures," The Distressed Assets, Workouts and Restructurings Group, A Subcommittee of the DC Building Industry Association Development Issues & Information Committee, 30-Sept-2009

"Bankruptcy Basics For The Travel, Leisure & Hospitality Industry: The Nuts and Bolts of Chapter 11," Pillsbury-Hosted Webinar, 16-June-2009

"Navigating & Negotiating Loan Enforcement, Bankruptcy & Foreclosure: What You Need To Know & Do," IMN’s 6th Annual West Coast Borrowers' & Investors’ Forum on Real Estate Mezzanine Loans & Distressed Real Estate Debt, 27-Apr-2009

"Commercial Real Estate Chapter 11 Bankruptcies," Law Seminars International, 18-March-2009