Nonrecourse Carve-Outs and Bad-Boy Guaranties: Negotiating, Enforcing, and Litigating These Terms, Avoiding Pitfalls

Mr. Fisher concentrates his practice in hospitality law, health care law and commercial real estate. He is general counsel to an international hotel company. Mr. Fisher represents clients in the acquisition, sale, leasing and financing of hotels, medical facilities, office buildings, and retail properties. He works extensively on the restructuring of commercial debt and commercial ventures, purchase of commercial debt, private equity transactions, bank regulatory matters and multiemployer pension fund liability. Mr. Fisher has also served as an expert witness in a variety of matters related to commercial lending and HUD regulation.

Since graduating from Duke Law School, Mr. Lee has spent the last 40 years carefully guiding clients through sensitive workout negotiations, and, when a bankruptcy filing has been required to reorganize a distressed company, he has litigated for his clients in bankruptcy courts to achieve their objectives. Mr. Lee has either first- or second-chaired a significant number of bankruptcy cases, whether on a negotiated or litigated basis, in a variety of industries. In addition to his law degree, he also holds a Master of Business Administration degree from the Fuqua School of Business at Duke University. With both a JD and an MBA, Mr. Lee has the background to understand his client's needs and become intimately familiar with the facts of a new matter with a minimal learning curve.

Ms. Sherwin is a health care attorney with a wide range of experience representing hospitals, long-term care providers, nursing homes, and other health care providers with respect to litigation, regulatory, compliance, and transactional matters. Her career achievements earned her recognition as Chicago's 2024 Lawyer of the Year in Litigation - Health Care by Best Lawyers in America. Ms. Sherwin's litigation experience includes serving as lead counsel in state and federal actions involving Medicaid, Medicare, the Illinois State Prompt Payment Act, the False Claims Act, and state and federal agencies, including a U.S. Supreme Court class-action suit on behalf of Illinois Medicaid providers challenging Medicaid reimbursement practices.