Evan Lazerowitz

Evan Lazerowitz’s practice focuses on chapter 11 bankruptcy cases with a focus on technology, life sciences, healthcare and retail. He frequently represents creditors’ committees and debtors, purchasers of distressed assets, landlords, individual creditors and secured lenders in chapter 11 cases. Evan also has significant experience handling bankruptcy appeals, and investigating and pursuing fraudulent transfers and other causes of action for the benefit of bankruptcy estates.

Noteworthy representations include:

• Representing official committees in prominent chapter 11 cases around the country, including in Endo Pharmaceuticals, Mallinckrodt Pharmaceuticals, LTL Management (Johnson & Johnson), J.C. Penney, Lord & Taylor, Stage Stores, Celadon Group, True Health Diagnostics, Brookstone, True Religion Apparel, Charming Charlie, Vestis Holdings, Videology, Michigan Sporting Goods, and Total Hockey.
• Representing DeCurtis Corporation, Enjoy Technology, Charlotte Russe, Joyce Leslie and Hastings Entertainment in their chapter 11 proceedings.
• Representing the liquidating trustee of Health Diagnostic Laboratory in his prosecution of litigation challenging fraudulent schemes that resulted in hundreds of millions of dollars of damages.
• Representing buyers of distressed assets, including in the sale of Alliance Health as a going concern.
• Representing tort claimants in the chapter 11 cases of New England Motor Freight.

Reported Decisions:

• 47 East 34th Street (NY), L.P. v. BridgeStreet Worldwide, Inc., No. 20-cv-9978, 2021 WL 2012296 (S.D.N.Y. May 20, 2021): Successfully prosecuted motion to remand a wrongfully removed state court lawsuit on behalf of a plaintiff based on the permissive abstention doctrine.
• In re DB Holdings Liquidation, Inc., No. 17-605, 2018 WL 4347792 (D. Del. Sept. 12, 2018): Successfully defeated a creditor’s motion to compel the assumption and assignment of its contracts to a going concern buyer in the bankruptcy court and on appeal to the district court.
  
• Warnick v. Arrowsmith, No. 3:16-CV-876, 2017 WL 2999025 (E.D. Va. July 14, 2017):  Successfully defended the approval of a $20 million settlement before the bankruptcy court and on appeal to the district court.
• Toscano v. RSH Liquidating Tr. (In re RS Legacy Corp.), 577 B.R. 134, 135 (Bankr. D. Del. 2017): Argued and obtained dismissal of a class action complaint asserting millions of dollars of claims against a liquidating trust.
• In re Health Diagnostic Lab., Inc., No. 16-3271-KRH, 2017 WL 3084626 (E.D. Va. July 19, 2017): Defeated a motion to withdraw the bankruptcy reference before the district court in multi-party litigation seeking millions of dollars in damages.
• Friedman v. Dollar Thrifty Auto. Grp., Civil Action No. 14-6171 (MCA), 2014 U.S. Dist. LEXIS 184057 (D.N.J. Dec. 18, 2014):  Successfully quashed a subpoena on the grounds that it sought a third-party’s confidential business information.

Prior to joining Cooley, Evan was an associate at a boutique bankruptcy firm in New York City where he represented debtors in chapter 11 reorganizations, including a medium-sized regional clothing retailer. He was previously a commercial litigation associate at Day Pitney and served as a law clerk to the Honorable Mitchel E. Ostrer of the Superior Court of New Jersey, Appellate Division.

While attending the Georgetown University Law Center, he was an editor of the Georgetown Law Journal.