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Samir Parikh

Professor of Law
Editor-in-Chief, Bloomberg Law Bankruptcy Treatise

Legal Research Center 225
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Biography

Scholarship:

Professor Parikh’s research and writing focus on a variety of bankruptcy issues, including fraudulent transfers, debtor forum shopping, municipal bankruptcy, and mass tort restructurings. His new article, The New Mass Torts Bargain, serves as the basis for Fordham Law Review’s upcoming symposium, Mass Torts Evolve: The Intersection of Aggregate Litigation and Bankruptcy.  Professor Parikh’s 2020 article, Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light, was published in the University of Pennsylvania Journal of International Law and is the culmination of his work as a Fulbright Schuman Scholar at Oxford University. The article was one of eight articles selected to be part of the Oxford Business Law Workshop Series (Trinity Term). His 2017 article, Failing Cities and the Red Queen Phenomenon, 58, B.C. L. Rev. 599 (2017), offers an unprecedented empirical analysis of municipal bond offerings in order to disprove the argument that debt restructuring options increase borrowing costs for cities and counties. A New Fulcrum Point for City Survival, 57 Wm. & Mary L. Rev. 221 (2015), was the winner of the Southeastern Association of Law Schools’ 2015 Call for Papers Competition. The Harvard Law School Bankruptcy Roundtable selected all four articles for distribution to its membership. Professor Parikh’s scholarship has also appeared in the University of Connecticut Law Review, the University of Cincinnati Law Review, and the American Bankruptcy Law Journal. The Final Report of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 cites his articles in a number of contexts.

In recognition of Professor Parikh’s innovative scholarship, the Fulbright Commission awarded him a 2018-19 Fulbright Schuman Grant. During the first half of 2019, Professor Parikh was a visiting professor at various institutions researching the new EU restructuring framework and its impact on corporations and sovereign nations. Most notably, he was a visiting professor of law at Oxford University. On November 6, 2019, Professor Parikh returned to Oxford to present his work to Oxford’s business law faculty and graduate students.

Professor Parikh is the Editor-in-Chief and an original contributing author for Bloomberg Law Bankruptcy Treatise. He wrote the chapters addressing sections 323, 324, 325, 541, 542, 543, 549, 550, 551, and 552, among others. Further, he is a co-author of the seventh edition of the Examples & Explanations (Bankruptcy and Debtor/Creditor) study guide.

In 2012, Professor Parikh was the sole recipient of the National Conference of Bankruptcy Judges Fellowship. The fellowship is awarded to an outstanding bankruptcy scholar as selected by a panel of federal judges, academics, and attorneys.

Professor Parikh has served as an expert peer reviewer for various law reviews, most recently for the Harvard Law Review.

Pro Bono Service and Academic Events:

Professor Parikh has been working with the Association of Oregon Counties on a pro bono basis to draft a municipal bankruptcy bill and petition for passage by the state legislature. The bill has two primary facets: (1) provide a structure for an out-of-court restructuring; and (2) allow local governments to file for chapter 9 bankruptcy in the event of an emergency. The Oregon Public Employees Retirement System (“PERS”) has unfunded pension liability of approximately $22 billion. The PERS underfunding is pernicious because the benefit obligations are uniquely generous. In Oregon, vested pension payments are protected by the state constitution. Consequently, government employers are mandated to make contributions to pension accounts and the contributions are decimating their budgets. The resource drain effects school districts and leads to service-delivery insolvency.

Professor Parikh has also worked on a pro bono basis with the Bankruptcy Venue Reform PAC to draft and pass legislation that will limit forum shopping in chapter 11 corporate bankruptcy cases. Professor Parikh’s 2013 article Modern Forum Shopping in Bankruptcy, 46 Conn. L. Rev. 159 (2013), served as a template for initial versions of the legislation.

Professor Parikh, along with Professors Robert Rasmussen and Michael Simkovic, is a founding member of the West Coast Bankruptcy Roundtable hosted by the USC Gould School of Law and Lewis & Clark Law School. The annual, invitation-only event brings together recognized business law scholars to explore varied perspectives on financial restructuring issues.

Background:

Before joining the faculty at Lewis & Clark Law School, Professor Parikh practiced complex financial restructuring at Latham & Watkins and Milbank, Tweed, Hadley & McCloy in Los Angeles, California and Baker Botts in Houston, Texas.  While in private practice, Professor Parikh’s representations included the following engagements:

  • In re Lehman Brothers Holdings (counsel to official committee of unsecured creditors)
  • In re Trump Hotel & Casino Resorts (counsel to debtors)
  • In re Aloha Airlines (counsel to acquirer of assets)
  • In re Station Casinos (counsel to debtors)
  • In re Adelphia Communications Corp. (counsel to financial advisor)
  • Virgin Airlines (bankruptcy advisor)
  • In re Kmart (counsel to primary landlord)

Professor Parikh holds a JD from the University of Michigan Law School.  After graduation, he was a law clerk for the Honorable Alan M. Ahart of the United States Bankruptcy Court for the Central District of California.

Professor Parikh serves as a member of the Selection Committee for the Fulbright Commission and served on the Executive Council for the Commercial Law League from 2016 – 2018.

Expert Witness Engagements:

Professor Parikh is a nationally recognized business law expert. He has served as an expert witness and consultant in numerous cases, including:

  • Turnage et al. v. Mississippi Power Company (expert for plaintiffs regarding various business law matters, including civil RICO claims)
  • In re NexxLinx (expert for defendant regarding fiduciary duties and related business law matters)
  • Bloodworth v. Tyfone (expert for plaintiff regarding fiduciary duties and fraudulent transfer law; testified in court)
  • Htaike v. Sein (expert for plaintiff regarding various business law matters, including civil RICO claims)
  • Guire v. Humphries (expert for debtor regarding various bankruptcy issues and attorney malpractice)
  • Advisor to Association of Oregon Counties regarding municipal bankruptcy legislation
  • Advisor to Bankruptcy Venue Reform PAC regarding federal legislation

Publications:

  • Sacrificing Due Process in Modern Mass Torts (forthcoming) (with Sergio Campos)
  • The New Mass Torts Bargain, (forthcoming 2022) (this article serves as the basis for Fordham Law Review’s 2022 symposium Mass Torts Evolve: The Intersection of Aggregate Litigation and Bankruptcy)
  • Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light, 42 Pa. J. Int’l L. 205 (2020) (one of eight articles selected to be part of the Oxford Business Law Workshop Series (Trinity Term); selected as a featured post on the Oxford Business Law Blog)
  • Failing Cities and the Red Queen Phenomenon, 58, B.C. L. Rev. 599 (2017) (with Zhaochen He)
  • A New Fulcrum Point for City Survival, 57 Wm. & Mary L. Rev. 221 (2015) (winner of the Southeastern Association of Law Schools’ 2015 Call for Papers Competition)
  • Bloomberg Law: Bankruptcy Treatise (Editor-in-Chief and Original Contributing Author)
  • Examples & Explanations (Bankruptcy and Debtor/Creditor) (co-author, 7th ed.)
  • Exploring the Chapter 9 Option for Oregon’s Municipalities, 50 Willamette L. Rev. 619 (2014) (with Oren Haker) [Solicited Symposium Article]
  • Modern Forum Shopping in Bankruptcy, 46 Conn. L. Rev. 159 (2013) (this article served as the initial template for S.5032, a bipartisan bankruptcy venue reform bill currently pending before Congress and is the single most cited article in the National Conference of Bankruptcy Judges’ Report on Proposal for Revision of the Venue Statute in Commercial Bankruptcy Cases (2018))
  • Saving Fraudulent Transfer Law, 86 Am. Bankr. L.J. 305 (2012) (cited in In re Lyondell Chemical Co., 2016 WL 4030937 (S.D.N.Y. 2016); recognized as one of the seminal articles on Section 546(e) and leveraged buyout avoidance (Bloomberg Law: Bankruptcy Treatise, pt. II, ch. 74 (D. Michael Lynn et al. eds., 2016))
  • The Improper Application of the Clear-and-Convincing Standard of Proof:  Are Bankruptcy Courts Distorting Accepted Risk Allocation Schemes?  78 U. Cin. L. Rev. 271 (2009)

Specialty Areas and Course Descriptions

Professor Parikh’s teaches classes involving financial restructuring, bankruptcy, business associations, banking, and white collar crime. 

Academic Credentials

  • JD University of Michigan
  • BBA University of Miami