Rocco A. Cavaliere

Partner

P 212.216.1141   F 212.216.8001

 
P 212.216.1141   F 212.216.8001   rcavaliere@tarterkrinsky.com

Rocco Cavaliere is an advocate for distressed companies and high-net-worth individuals in their most perilous times, helping them preserve enterprise value, restructure their obligations and achieve other objectives. A partner in the Bankruptcy and Financial Restructuring Group, Rocco devotes a large part of his practice to representing clients that need workouts or bankruptcy relief. He also often represents creditor committees, unsecured creditors, secured creditors, landlords, license parties, shareholders and corporate officers and directors, and other parties in interest, in protecting their rights and preserving value in a bankruptcy case or in an out-of-court restructuring.

When a Chapter 7 or Chapter 11 case is commenced, it is common for debtors in possession or trustees to investigate the reasons which led to the bankruptcy filing and then possibly pursue litigation against third parties that may be blamed for the debtor’s demise. Rocco is often called on by Chapter 7 trustees and other estate representatives to assist in such investigations and commence lawsuits when the pursuit of claims may benefit the bankruptcy estate. Rocco also has significant experience representing defendants in bankruptcy court adversary proceedings, involving many causes of action such as fraudulent and preferential transfers, equitable subordination, turnover, and breach of fiduciary duty and related director and officer claims.

Rocco was recently appointed as a mediator on the Mediator Panel for the Bankruptcy Court for the Southern District of New York. In this role, he applies his extensive experience in contentious bankruptcy matters to a mediation context to help other parties achieve a successful and cost-effective settlement of their own legal disputes.

Distressed situations also create opportunities for parties to purchase a debtor company’s assets, including real estate, in a section 363 sale or through a plan of reorganization. Rocco regularly represents purchasers in all aspects of a sale transaction (including “loan to own” scenarios) in a bankruptcy case and in out-of-court workouts.

Prior to joining Tarter Krinsky & Drogin in 2012, Rocco received his legal training as an associate in the Business Restructuring and Bankruptcy Department of Blank Rome. In January 2017, Rocco was named co-chair of the New York County Lawyers’ Association’s Bankruptcy Law Committee.

Community Involvement

Rocco has assisted debtors on a pro bono basis through the New York City Bar’s Consumer Bankruptcy Project. He is also a member of Order Sons of Italy in America, the largest organization of Americans of Italian heritage in the United States.

Education
  • Brooklyn Law SchoolJ.D., 2000 
  • St. John's University, B.S., 1997
Admissions
  • New York
  • New Jersey
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
Awards and Honors
  • Named co-chair of the New York County Lawyers’ Association’s (NYCLA) Bankruptcy Law Committee in January 2017
  • Named to the 2016-2018 Super Lawyers lists
  • From 2011-2015, Mr. Cavaliere was recognized as a “Rising Star” among New York bankruptcy lawyers in the Metro edition of New York Super Lawyers.
 
Community Involvement

Rocco has assisted debtors on a pro bono basis through the New York City Bar’s Consumer Bankruptcy Project. He is also a member of Order Sons of Italy in America, the largest organization of Americans of Italian heritage in the United States.

Languages
  • Proficient in Italian
Memberships
  • American Bankruptcy Institute
  • New York Institute of Credit
  • New York County Lawyers Association, co-chair of Bankruptcy Law Committee

What I do when not practicing law:
When I am not practicing law, I spend time with my family and friends. I enjoy watching various sporting events and am Co-Commissioner of the Couch Potato Fantasy Football League, in existence since 1995.

News

Events

  • Rocco Cavaliere and Amy Goldsmith to Present Lawline CLE Program on What Can Happen to IP Assets in a Chapter 11 Bankruptcy Proceeding

    On November 19, Bankruptcy and Corporate Restructuring partner Rocco Cavaliere and Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, an online CLE provider, “SCOTUS Review: Mission Product Holdings v. Tempnology,” where they will explain what can happen to intellectual property assets in a Chapter 11 bankruptcy proceeding. Rocco and Amy will also discuss patents, copyrights and trademarks in context of the Bankruptcy Code; review cases involving patents and copyright in bankruptcy; identify best practices for IP licensors and licensees and break down the Supreme Court’s long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC.

  • TKD’s Bankruptcy Group Supports the Duberstein Bankruptcy Moot Court Gala Awards Dinner

    On March 6, lawyers in our Bankruptcy and Corporate Restructuring Group attended the Duberstein Bankruptcy Moot Court Gala Awards Dinner, which celebrates the largest and most prestigious moot court competition in the country.

  • Mission Accomplished: U.S. Supreme Court Favors Protection of Trademark Licensee After Bankruptcy Court Rejection of Trademark License

    On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various Circuit courts concerning the impact of rejection of trademark licenses by debtor-licensors in a bankruptcy case.

  • U.S. Supreme Court Currently Considering Impact of Rejection of Trademark Licenses in Bankruptcy Cases

    In 2018, the First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC, 879 F.3d 389 (1st Cir. 2018) (the Tempnology Decision) decided that trademark licensees lost their rights under a trademark license when the chapter 11 debtor-licensor rejected the trademark license between the parties. This decision by the First Circuit conflicted with another circuit court decision from the Seventh Circuit, leading the U.S. Supreme Court to resolve the conflict amongst the circuits regarding the rights of a licensee in a trademark that is rejected by a debtor-licensor in a bankruptcy case.

  • Defeating Settling Party’s Effort to Use Preference Law to Void a Bankruptcy Court Settlement

    Tarter Krinsky & Drogin’s Bankruptcy & Corporate Restructuring Group recently completed its successful representation on behalf of The Brown Publishing Company Liquidating Trust, which was created several years ago in connection with the confirmed bankruptcy plan of The Brown Publishing Company and its affiliated debtors in the Bankruptcy Court for the Eastern District of New York (E.D.N.Y.).

Education
  • Brooklyn Law SchoolJ.D., 2000 
  • St. John's University, B.S., 1997
Admissions
  • New York
  • New Jersey
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
Awards and Honors
  • Named co-chair of the New York County Lawyers’ Association’s (NYCLA) Bankruptcy Law Committee in January 2017
  • Named to the 2016-2018 Super Lawyers lists
  • From 2011-2015, Mr. Cavaliere was recognized as a “Rising Star” among New York bankruptcy lawyers in the Metro edition of New York Super Lawyers.
 
Languages
  • Proficient in Italian
Memberships
  • American Bankruptcy Institute
  • New York Institute of Credit
  • New York County Lawyers Association, co-chair of Bankruptcy Law Committee

Rocco Cavaliere

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