Checking In: Gary L. Kaplan, Fried, Frank, Harris, Shriver & Jacobson LLP | Practical Law

Checking In: Gary L. Kaplan, Fried, Frank, Harris, Shriver & Jacobson LLP | Practical Law

Q&A with Practical Law Bankruptcy Advisory Board member Gary L. Kaplan of Fried, Frank, Harris, Shriver & Jacobson LLP.

Checking In: Gary L. Kaplan, Fried, Frank, Harris, Shriver & Jacobson LLP

Practical Law Article w-001-9258 (Approx. 3 pages)

Checking In: Gary L. Kaplan, Fried, Frank, Harris, Shriver & Jacobson LLP

by Practical Law Bankruptcy
Published on 01 May 2016USA (National/Federal)
Q&A with Practical Law Bankruptcy Advisory Board member Gary L. Kaplan of Fried, Frank, Harris, Shriver & Jacobson LLP.
Education: 1997: J.D., with honors, Rutgers School of Law-Newark; 1994: B.A. (Government and Politics), University of Maryland, College Park.
Career in Brief: 1998–present: Fried, Frank, Harris, Shriver & Jacobson LLP (2005–present: Partner; 1998–2005: Associate); 1997–1998: Law Clerk for the Honorable Marie L. Garibaldi, Supreme Court of New Jersey.
What do you think is currently the biggest challenge facing bankruptcy attorneys? One of the greatest joys of being a bankruptcy attorney is helping a business restructure and seeing it thrive following the restructuring. Unfortunately, retailers and companies in the energy space (both drillers and service companies) are finding it very difficult to attract the necessary capital to turn their businesses around and are, therefore, facing liquidation.
Many retailers are no longer needed in the market and cannot compete with online retailers. Likewise, given the collapse in oil prices and the lack of certainty as to where and when oil prices will stabilize, investors are very wary of further investments in the struggling energy companies, resulting in liquidations. Bankruptcy attorneys have to readjust their expectations in many of these situations where a reorganization is no longer an alternative.
Have any recent legal or market developments had a significant impact on your practice? Due to very low interest rates and investors chasing yield over all else, we saw few large bankruptcies over the past few years. While there were many troubled companies, many were able to delay restructuring by obtaining covenant waivers or refinancing their existing debt. We have begun to see a significant change in the market dynamics during the past six months.
Although interest rates are still very low, there is significantly less liquidity in the high-yield debt market and investors are once again looking at the quality of the investment, rather than just chasing yield. Combined with the collapse in oil and other commodity prices, our bankruptcy practice has gotten significantly busier and looks like it will be very busy for the foreseeable future.
Are there any changes on the horizon that you think will significantly affect bankruptcy practice? I think we are going to continue to see an ever-increasing use of mediation in large, contested Chapter 11 cases. Many parties, and judges in particular, have seen large cases become incredibly expensive and heavily litigated, and have been looking for ways to make the system more efficient. More and more judges have been encouraging parties to mediate and are regularly asking their colleagues on the bench to step in as mediators to try to short circuit the litigation process.
If not an attorney, what would you wish to be? I have always been fascinated by aviation, so if I were not an attorney, I would be a pilot.
What was your first job? My first job was driving a bus at the University of Maryland. At the time, the University had the largest fully student-run bus company in the country. I started as a bus driver and was eventually promoted to dispatcher and then to a management position. Aside from improving my driving skills (once you can parallel park a 40-foot bus, you can drive anything), in the management role, I learned logistics and business planning, as well as how to hire, train, and promote employees.
What is the best career advice you have ever received? The most important career advice I received was when I was in college trying to choose a career path. That advice was to make sure I do something I love and to continue with that career only so long as I still love it. I have lived by that and have been extremely lucky to be able to spend my whole career at one law firm doing work that I love.
When I first began practicing, like many junior attorneys, I had no idea how long I would last as an associate at a big law firm. Nearly 18 years later, I still love the work that I do and the law firm where I have the privilege of practicing.
What one piece of advice would you give to a junior attorney considering specializing in bankruptcy? Bankruptcy attorneys must have a very good understanding of business issues, not only to understand financial statements, but to understand the businesses with which we work. Our clients are sophisticated and demanding. They expect their bankruptcy attorneys to understand the challenges facing their companies, ways to address those challenges, as well as the future business risks. Clients expect us to come up with creative solutions and not simply to “paper” the deal.
Understanding each client’s business is critical to crafting creative solutions. Bankruptcy attorneys are also litigators. In that regard, to develop trial strategy, effectively examine witnesses, and put on a successful case about disputes over valuation, feasibility, and other critical issues, the attorney must understand all of the business issues.