Joseph R. Dunn
Member / Co-Chair, Cross-Border Asset Recovery Practice
+1.858.314.1516
As a seasoned bankruptcy attorney and creditor rights litigator, Joe has developed a unique practice in asset recovery, judgment enforcement, and litigation in the insolvency arena. Joe’s broad-ranging litigation and restructuring practice draws on his significant experience with complex creditor rights litigation, bankruptcy litigation, and other work in insolvency scenarios. He has a long track record of successfully representing institutional creditors, liquidating/litigation trustees and other fiduciaries in insolvency matters, and investigating and pursuing complex asset recovery matters, often through litigation focused on piercing fraudulent schemes and offshore asset protection devices. While based in San Diego for almost two decades, Joe’s practice spans the globe and he regularly practices in courts around the country.
In addition to his legal work, Joe is active in the community. He has served in various leadership roles in local and statewide insolvency organizations, including on the Advisory Board for ABI’s Battleground West conference, the Board of California Bankruptcy Forum, and on the Selection Committee for the Ninth Circuit’s Lawyer Representative Program. Joe has also served on the board of a San Diego-based non-profit organization focused on assisting victims of domestic violence and sexual assault. While in law school at Washington & Lee University, he was a member of Virginia Capital Case Clearinghouse, where he assisted in providing representation to capital murder defendants facing the death penalty. When not working, Joe can be found hiking, running, golfing, biking, traveling or otherwise enjoying life with his wife, four daughters and son.
As a seasoned bankruptcy attorney and creditor rights litigator, Joe has developed a unique practice in asset recovery, judgment enforcement, and litigation in the insolvency arena. Joe’s broad-ranging litigation and restructuring practice draws on his significant experience with complex creditor rights litigation, bankruptcy litigation, and other work in insolvency scenarios. He has a long track record of successfully representing institutional creditors, liquidating/litigation trustees and other fiduciaries in insolvency matters, and investigating and pursuing complex asset recovery matters, often through litigation focused on piercing fraudulent schemes and offshore asset protection devices. While based in San Diego for almost two decades, Joe’s practice spans the globe and he regularly practices in courts around the country.
Experience
- Represent liquidating trustee in post-confirmation administrative and litigation matters arising from failed oil refinery in U.S. Virgin Islands, including over $1 billion of asserted claims.
- Represent post-confirmation plan administrator in matters arising from failed offshore oil and gas exploration and development companies, including tens of billions of dollars of asserted claims.
- Represent litigation trustee in post-confirmation administration of trust and related entities formed to recover hundreds of millions owed to creditors of failed investment funds.
- Represent litigation trustee in fraudulent transfer case to recover over $140 million of transfers by debtors engaged in onshore oil and natural gas acquisition, exploitation, exploration and production.
- Represent U.S. creditor in Federal district court action to enforce $300 million international arbitration award against foreign award debtors and related alter ego.
- Represent group of defendants and obtained successive dismissals of $50 million fraudulent transfer case brought in California by post-confirmation liquidating entity.
- Represent homeowners’ association of upscale community in connection with chapter 11 case of the community’s developer.
- Represented indenture trustee of $30 million of bonds in successfully prosecuting judicial foreclosure of charter school, including obtaining appointment of receiver and sale of all property.
- Represented indenture trustee in connection with receivership and bankruptcy proceedings in Indiana and Texas to recover approximately $100 million from operator of continuing care retirement community.
- Advised ad hoc group of second lien bondholders in connection with Caesars bankruptcy case.
- Prosecuted complex civil RICO case against 34 foreign and domestic defendants on behalf of Taiwanese manufacturer. Successfully defeated over 30 motions to dismiss, managed millions of pages of written discovery, over 40 depositions on two continents and hundreds of discovery disputes before two court-appointed Special Masters. Defeated summary judgment and in limine motions before favorably settling case at commencement of trial.
- Represented CrossFit, Inc., its founder and certain high-level employees against defamation claims, resulting in plaintiff’s voluntary dismissal of all claims. Obtained award of over $400,000 in discovery-related sanctions against plaintiff and appointment of a neutral forensic evaluator to evaluate plaintiff’s discovery misconduct.
- Represented creditor in obtaining $27 million non-dischargeable judgment against the CEO of a consumer electronics company, and successfully defended the judgment through multiple appeals in Federal court.
- Represented environmentally-focused medical waste processor as debtor in chapter 11 proceedings and on appeal in confirming its highly-contested plan of reorganization.
- Represented large seed-to-store cannabis producer in complete restructuring of debt obligations to avoid threatened foreclosure proceedings by senior secured lenders.
- Represented purchaser of bankrupt paper mill employing a large portion of a Midwest community.
- Represented major league baseball team in state court litigation to recover damages for breach of contract and breaches of fiduciary duty.
- Represented Chapter 11 trustee in successfully prosecuting and securing millions of dollars in judgments and settlements arising out of real estate-based Ponzi scheme in Orange County, California.
- Represented Chapter 7 trustee in successfully prosecuting and collecting millions of dollars in judgment and settlements in fraudulent transfer litigation arising out of failed equipment leasing company in San Diego.
- Advises publicly-traded and private company Boards of Directors and executive management teams regarding insolvency issues, including potential workouts or insolvency proceedings, distressed dispositions/acquisitions of assets, fiduciary duties, and creditor rights.
- Advises nonprofit organizations on workout, bankruptcy, and dissolution matters.
Case Studies
Case Study
viewpoints
Entrepreneurs of Color Receive Strategic Guidance
February 22, 2022 | Article
Consolidated Appropriations Act of 2021 Amends Bankruptcy CodePart 3: Congress Gives Suppliers and Landlords a Shiny New Arrow in their Quiver to Challenge Preference Actions
February 2, 2021 | Blog | By Joseph Dunn, Abigail O'Brient
Freeze Orders in United States District Courts: A Strategic Analysis of Asset Recovery in Multinational Disputes
January 7, 2021 | Blog | By Joseph Dunn, Daniel Pascucci
Fraud Investigations and Complex Asset Recovery in 2020: A Q&A With Mintz Cross-Border Asset Recovery Co-Chairs Dan Pascucci and Joe Dunn
April 27, 2020 | Blog | By Joseph Dunn, Daniel Pascucci
Protecting Creditor Rights in Insolvency Proceedings
August 27, 2018 | Video | By Joseph Dunn
Lyondell: Is the Safe Harbor Closed to Former Shareholders of LBOs?
February 10, 2014 | Advisory | By Joseph Dunn
News & Press
How boards can decide whether to chase overseas assets
April 27, 2017
Top 40 Under 40
April 19, 2017
Persistent attorneys win $20M settlement
March 7, 2017
Twelve Mintz Attorneys Named 2017 Southern California Super Lawyers and Rising Stars
February 14, 2017
Joseph R. Dunn Elevated to Member of Mintz
May 19, 2015
Events & Speaking
Post-Confirmation Trusts: Structuring for Success (or Bust) in the Afterlife (Panel Producer)
Beverly Hills, CA
So We Own a Plane in Mexico: Asset Recovery and Cross-Border Insolvency
American Bankruptcy Institute
Washington, DC
Complex Real Estate Reorganizations: Opportunities and Strategies for Debtors, Investors, and Secured Creditors
Strafford Webinar
Common Issues Businesses Face During COVID-19
San Diego Central Black Chamber of Commerce
Online event
Maximizing Value When IP Infringement Disputes and Bankruptcy Collide
California Lawyers Association (Intellectual Property Section)
Online
Cross-Border Insolvency, Investigations and the Impact of Covid-19: What Recent Changes Mean for Asset Tracing, Court Delays and Dispute Resolution
Fraud, Asset Tracing & Recovery Miami Conference
Online
Do Defaults Matter in the Era of COVID-19?
The State of Creditor Rights in Unprecedented Times
View Webinar Recording
As a seasoned bankruptcy attorney and creditor rights litigator, Joe has developed a unique practice in asset recovery, judgment enforcement, and litigation in the insolvency arena. Joe’s broad-ranging litigation and restructuring practice draws on his significant experience with complex creditor rights litigation, bankruptcy litigation, and other work in insolvency scenarios. He has a long track record of successfully representing institutional creditors, liquidating/litigation trustees and other fiduciaries in insolvency matters, and investigating and pursuing complex asset recovery matters, often through litigation focused on piercing fraudulent schemes and offshore asset protection devices. While based in San Diego for almost two decades, Joe’s practice spans the globe and he regularly practices in courts around the country.
Recognition & Awards
- Best Lawyers in America: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation - Bankruptcy (2018 - 2023)
- San Diego Super Lawyers: Civil Litigation: Defense (2018 - 2020), Business Litigation (2021-2022)
- Best Lawyers in America: San Diego Litigation - Bankruptcy Lawyer of the Year (2020)
- The Recorder: California Trailblazer (2020)
- The Daily Transcript: Top 40 Under 40 (2017)
- San Diego Super Lawyers Rising Star: Litigation (2015 - 2017)
- San Diego Business Journal: "Best of the Bar" (2015)
As a seasoned bankruptcy attorney and creditor rights litigator, Joe has developed a unique practice in asset recovery, judgment enforcement, and litigation in the insolvency arena. Joe’s broad-ranging litigation and restructuring practice draws on his significant experience with complex creditor rights litigation, bankruptcy litigation, and other work in insolvency scenarios. He has a long track record of successfully representing institutional creditors, liquidating/litigation trustees and other fiduciaries in insolvency matters, and investigating and pursuing complex asset recovery matters, often through litigation focused on piercing fraudulent schemes and offshore asset protection devices. While based in San Diego for almost two decades, Joe’s practice spans the globe and he regularly practices in courts around the country.
Involvement
- Member, Board of Directors, Association of Business Trial Lawyers San Diego
- Member/Vice President, Board of Directors, Center for Community Solutions (2016-2019)
- Member, Board of Directors, California Bankruptcy Forum (2012-2015)
- Member, Board of Directors, San Diego Bankruptcy Forum (2009 – 2011); President (2011)
- Member, J. Clifford Wallace Inn of Court (2010-2012)
- Member, American Bankruptcy Institute
