Randall L. Hagen is a counsel in the Corporate Group in Crowell & Moring's Washington, D.C. office.
Randy has 25 years of experience managing bankruptcy and creditors' rights litigation and transactional matters, as well as counseling clients on credit and risk mitigation strategies. He has served as lead attorney in complex litigation before federal and state courts (jury and bench trials, as well as appeals) involving bankruptcy and creditors' rights, commercial banking and financial disputes, enforcement of restrictive covenants in employment contracts, and protection of trade secrets, as well as negotiating and documenting resolutions for complex commercial disputes, including loan restructuring, workout, or forbearance arrangements.
- Representation of international commercial lender in connection with the enforcement of rights and remedies as a secured creditor in Chapter 11 business reorganization, including litigation challenging whether the lender's equipment leases were "true" leases or disguised financing transactions. This representation also involved negotiations with unsecured creditors' committee and business debtor in drafting a successful Chapter 11 plan of reorganization.
- Representation of commercial equipment lessor in Chapter 11 bankruptcy by moving to compel the trustee or debtor-in-possession to assume or reject client's equipment leases for equipment and other personal property located throughout North America.
- Defense of banks, financial lenders, and trade creditors in adversary proceedings brought by bankruptcy trustees to recover alleged preferential transfers and fraudulent conveyances.
- Defense of international management consulting firm in trade secrets lawsuit brought by global competitor.
- Defense of national surety companies in payment bond lawsuit arising from the construction of luxury condominium complex.
- Representation of commercial leasing company in lawsuit charging fraudulent conduct arising from the syndication of equipment leases.
- Representation of national bank and its equipment leasing subsidiary in the modification and eventual reinstatement of long-term lease for railcars located throughout North America.
- Representation of owner/landlord of retail shopping centers throughout Maryland in connection with the eviction of commercial tenants and subsequent UCC sales (public and private) of collateral.
- Representation of asset-based lenders and financial institutions in debtor-in-possession loans, restructurings and out-of-court loan workouts, including containers and related equipment, aircraft, rail equipment and locomotives, and barges/tankers. Representative transaction: the sale of stock of GC Companies, Inc. (a movie theatre chain) to AMC Entertainment, Inc. through a confirmed Joint Plan of Reorganization before the Delaware bankruptcy court.
- Representation of equipment leasing companies in enforcing single investor lease agreements (true/tax motivated, finance, TRAC and synthetic), secured financings, syndications, and other forms of structured finance.
- Representation of lenders and other financial institutions in connection with a forbearance, amendment, restructure or workout of commercial credit facilities.
- Due diligence and counseling for banking clients in connection with transactions deemed a credit risk and potential litigation matter (i.e., review and analysis of initial transactional documents with "an eye" toward future litigation by identifying and correcting document defects or ambiguities before bank brings suit to enforce rights and remedies).
- Representation of lenders and other financial institutions in all forms of bankruptcy litigation, including relief from automatic stay, lien validity and priority issues, preference and fraudulent conveyances, claim objections, and objections to discharge.
Prior to joining Crowell & Moring, Randy was a bankruptcy and commercial litigator for 18 years with a large Baltimore firm, leaving as a principal in 2008 to open his own practice, where he continued to focus on complex commercial litigation and dispute resolution, including bankruptcy and creditors’ rights.
Randy earned his law degree from the University of Maryland School of Law, where he served as an articles editor on the Maryland Law Review and received The Joseph Bernstein Prize for a paper he published in the Law Review.
Admitted to practice: District of Columbia, Maryland
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