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Joseph R. Dunn

Member / Co-Chair, Cross-Border Asset Recovery Practice

[email protected]

+1.858.314.1516

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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.
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Case Studies

Complex Fraudulent Transfer Case Dismissed with Prejudice Case Study Hero Case Study
Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.
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viewpoints

Mintz helped organize, and several firm attorneys made presentations at, webinars on business and legal issues co-hosted by the San Diego Volunteer Lawyer Program and the Central San Diego Black Chamber of Commerce, a pro bono project that arose from the firm’s San Diego Addressing Racial Inequality Group.
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For bankruptcy litigators – or any business which has been frustrated to receive a demand letter after one of its customers filed bankruptcy – one particular amendment stands out in the CARES ACT bill. The Act amended Section 547 of the Bankruptcy Code to provide suppliers and landlords with an additional potential challenge to actions brought to “claw back” payments made by a debtor in the 90 days preceding bankruptcy.
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The 2020 coronavirus pandemic has not spared the asset recovery practice from its profound impacts. As we previously have discussed, the pandemic accelerated trends toward increased globalization and the ability of evasive debtors to move assets fluidly around the world, as business operators, banks, regulators and virtually all market segments rapidly embraced remote work and electronic commerce.
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With courts and government agencies around the world enacting emergency measures in response to the Covid-19 pandemic – ranging from complete shutdowns to delays and limitations – advancing the ball in dispute resolution is more challenging than ever.
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Protecting Creditor Rights in Insolvency Proceedings

August 27, 2018 | Video | By Joseph Dunn

Joe Dunn discusses the importance of creditors taking action to protect their interests when dealing with a distressed company and the tools available to businesses in order to do so.
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Lyondell: Is the Safe Harbor Closed to Former Shareholders of LBOs?

February 10, 2014 | Advisory | By Joseph Dunn

In a recent decision by the United States Bankruptcy Court for the Southern District of New York, Weisfelner, v. Fund 1, et al. (In re Lyondell Chem. Co.), 2014 Bankr.
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News & Press

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
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Mintz Members and Co-Chairs of the firm’s Cross-Border Asset Recovery Practice Daniel Pascucci and Joseph Dunn co-authored an article published in Law360 highlighting opportunities the current global climate presents that are often deployed to trace and recover assets: investigation, litigation and external pressure tactics.
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Mintz Levin is pleased to announce that nine attorneys have been named San Diego Super Lawyers for 2018 while two others have been named San Diego Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement. 
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Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
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Co-authored by Members Joseph Dunn and Daniel Pascucci and attorney Heather Silver, this article discusses the steps boards should take in deciding whether further investment in pursuing transferred assets.

Top 40 Under 40

April 19, 2017

This article highlights Joe Dunn as among the rising stars in the San Diego business community. The coverage highlights Joe’s journey into the legal profession and showcases his interests.
Joseph R. Dunn, a Member of the Bankruptcy & Restructuring Practice at Mintz, has been named a “Top 40 Under 40” business professional by the San Diego Daily Transcript. The Top 40 Under 40 honors “top young professionals” who they believe are “helping shape San Diego’s future.”
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This article details the successful end of the ten-year fight to settle a case involving Taiwanese client Tatung Co. and Westinghouse Digital Electronics. The lengthy legal battle resulted from Westinghouse’s refusal to pay $11 million for goods purchased from Tatung.
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This feature story reports on the settlement Tatung Co. Ltd reached with Westinghouse Digital Electronics. The settlement resolves nearly ten years of litigation after Westinghouse was accused of not paying for Tatung $11 million of LCD televisions.
Seven Mintz attorneys have been named Southern California Super Lawyers for 2017 and five have been named Southern California Rising Stars. Only five percent of area lawyers were named 2017 Southern California Super Lawyers and Rising Stars.  
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Events & Speaking

Speaker
Apr
30
2022
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Panelist
Mar
10
2021

Technology Issues: Crash Course

American Bankruptcy Institute

Online

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Panelist
Nov
12
2020

Common Issues Businesses Face During COVID-19

San Diego Central Black Chamber of Commerce

Online event

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Panelist
Nov
9
2020

Maximizing Value When IP Infringement Disputes and Bankruptcy Collide

California Lawyers Association (Intellectual Property Section)

Online

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Apr
3
2020

Do Defaults Matter in the Era of COVID-19?

The State of Creditor Rights in Unprecedented Times

View Webinar Recording

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Speaker
Sep
10
2019

Stafford Webinar

Navigating Fraud Issues in Bankruptcy

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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

  • Featured in Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation - Bankruptcy (2018 - 2024)
  • 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)
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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
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Joseph R. Dunn

Member / Co-Chair, Cross-Border Asset Recovery Practice

San Diego