Vincent Novak's practice focuses on bankruptcy and insolvency, with expertise in complex financing transactions. His experience covers a range of issues, including representing creditors such as lenders and parties to executory contracts, representing creditors' committees in safeguarding the interests of unsecured creditors, representing debtors in Chapter 11 reorganization, assisting clients in the purchase of assets of companies in distressed circumstances or in bankruptcy, assisting clients in addressing cross-border insolvency issues, and structuring transactions to minimize the impact of bankruptcy. He has represented clients in such fields as commercial lending, technology, intellectual property, admiralty, real estate finance and investment, and homebuilding.
Mr. Novak received his B.A. from Santa Clara University in 1998, and his J.D. cum laude from the University of San Francisco School of Law in 2004, where he was Technical Editor of the USF Law Review and received awards for excellence in constitutional law and property law.
He is admitted to practice in the State of California and before the United States District Courts for the Northern, Central, Eastern, and Southern Districts of California, as well as before the Ninth Circuit Court of Appeals. Mr. Novak is a member of the American Bankruptcy Institute, the Turnaround Management Institute, the Bar Association of San Francisco, and the American Bar Association.Show More
Represented CoinLab, Inc., the largest creditor and holder of intellectual property in the international bankruptcy case of Mt.Gox Co., Ltd., which at the time of MtGox’s bankruptcy filing was the largest Bitcoin exchange in the world. Assisted client in protecting its rights in the cross-border bankruptcy cases in the U.S. and Japan and negotiating the resolution of issues affecting the exchange.
Represented numerous intellectual property licensees, licensors, and infringement defendants, fighting to preserve and protect clients’ intellectual property rights and leading an ad-hoc group of similar parties. Also represented the runner-up bidder for the sale of Kodak’s patent portfolio.
Represented debtor bank holding company in its Chapter 11 case in the first use of a bankruptcy sale process designed to save an undercapitalized bank from liquidation by the FDIC. This transaction was recognized as “Transaction of the Year – Mid-Size Company” at the 2011 TMA Awards and featured by the Financial Times in its report on the Most Innovative U.S. Law Firms.
Represented chapter 11 trustee for MF Global in the largest chapter 11 case of 2011, assisting client to help settle more than $3 billion of claims against affiliates, which will lead to a substantial recovery for unsecured creditors and eliminate a $1.6 billion shortfall in customer accounts.
Represented Trilogy, Inc. affiliates as DIP lender, IP licensee and shareholder in global dispute between dueling bankruptcy estates of software company Think3, Inc. in U.S. and Italy. Assisted clients in defeating chapter 15 petition seeking recognition of Italian insolvency proceeding, and defeated similar challenges in Japan and Germany.
Represented failed technology company in Chapter 11 in successful sale of business and liquidation of foreign subsidiaries in France, Germany, Taiwan, China, Singapore and other jurisdictions.
Obtained recognition of Australian insolvency proceeding under Chapter 15 of the Bankruptcy Code, protecting client’s assets against U.S. patent infringement suit.
Represented developer of fingerprint recognition technology in protecting valuable license agreement from acquisition.
Successfully defended former CEO of Atari Inc. from $20 million fraudulent transfer claim by aggressive Chapter 7 trustee, resulting in complete victory in the Ninth Circuit Court of Appeals.
Represented Official Committee of Unsecured Creditors, working closely with the debtor to obtain confirmation of a consensual plan of liquidation of a failed homebuilder.