Craig Goldblatt is a partner in the firm's Litigation/Controversy Department, and the Bankruptcy and Financial Restructuring Practice Group. His practice focuses on bankruptcy-related litigation and appeals. Mr. Goldblatt, who joined the firm in 1994, is also a member of the firm's management committee.
Practice
Mr. Goldblatt represents parties in all stages of bankruptcy proceedings. The core of his practice involves bankruptcy and insolvency related trial-level matters and appeals—particularly the representation of financial institutions and other commercial creditors in bankruptcy litigation. He has argued two bankruptcy cases before the Supreme Court of the United States, and one before the
en banc Third Circuit, prevailing in all three. He has also been involved in a range of civil litigation matters outside of bankruptcy, with an emphasis on complex commercial disputes and appellate litigation.
Recent Highlights
Mr. Goldblatt's recent experience includes:
- Representing an array of swap counterparties—from large financial institutions, major hedge funds, Fortune 100 companies and public entities—in the Lehman Brothers bankruptcy and related litigation involving bankruptcy law’s treatment of derivatives, swap agreements and other complex financial products. Mr. Goldblatt has also represented the International Swaps and Derivatives Association as amicus curiae in appeals (in both the Lehman and Enron bankruptcy cases) in disputes related to the treatment of derivative transactions in bankruptcy.
- Representing a leading financial institution in matters relating to the servicing of mortgage loans for borrowers in bankruptcy.
- Representing Hartford Financial Services Group, Inc. and its subsidiaries in dozens of bankruptcy cases filed by debtors with asbestos and other mass-tort related liabilities, including the Western Asbestos, Combustion Engineering, Federal Mogul, Skinner Engine Company and Global Industrial Technology bankruptcies and related appeals. Mr. Goldblatt prevailed in his argument before the en banc Third Circuit in Global Industrial Technologies, in which the court issued a pathmarking decision on the issue of insurer standing in bankruptcy. In describing the industry-wide significance of the string of precedent-setting cases, Chambers USA pointed out Mr. Goldblatt’s “contribution to changing the mass-tort legal landscape to the advantage of his insurance-industry clients.”
- Serving as co-counsel to the Marshall estate in Stern v. Marshall, a matter that resulted in a landmark Supreme Court decision on the scope of bankruptcy jurisdiction. Mr. Goldblatt previously represented a group of law professors as amici curiae when the case was pending before the Ninth Circuit. In that appeal, the Ninth Circuit rejected the approaches advocated by the two parties, expressly adopting the approach urged in WilmerHale’s amicus brief, which the court described as “thoughtful.” Following the Supreme Court’s decision to grant certiorari, WilmerHale was retained as co-counsel to Marshall estate. The Supreme Court affirmed the Ninth Circuit’s judgment, in a decision sharply curtailing the authority of bankruptcy courts to resolve non-bankruptcy disputes.
- Representing the Loan Syndication Trading Association in several complex bankruptcy appeals affecting the treatment of syndicated bank debt, as well as in its successful effort before the Advisory Committee on Bankruptcy Rules seeking to amend Bankruptcy Rule 2019 to prevent disclosure of proprietary information.
- Representing William Schwab, a chapter 7 trustee, before the Supreme Court in Schwab v. Reilly, No. 08-538 (decided June 17, 2010), a case involving the process by which bankruptcy trustees are required to object to debtors’ claims of exemption. Mr. Schwab retained WilmerHale during the certiorari stage before the Supreme Court, following successive adverse decisions by the bankruptcy court, the district court and the Third Circuit. The Supreme Court granted certiorari and reversed the decisions of the lower courts.
- Successfully representing Elliott and Carol Archer in the Supreme Court (Archer v. Warner, 538 US 314 (2003)). In addition to his successful arguments in Schwab and Archer, Mr. Goldblatt has also been involved, for a party or an amicus, in most of the Supreme Court's other bankruptcy cases in recent years, including Milavetz, Gallop & Milavetz v. United States, 559 U.S. ___ (2010); Travelers v. Pacific Gas & Elec., 549 U.S. 443 (2007); Marrama v. Citizens Bank of Massachusetts 549 U.S. 365 (2007); Marshall v. Marshall, 547 U.S. 293 (2006); and Rousey v. Jacoway, 544 U.S. 320 (2005).
- Representing Alcatel-Lucent, on appeal from a judgment in favor of a bankruptcy trustee for more than $335 million, arising out of the Winstar bankruptcy, on theories of preferential transfer, breach of contract and equitable subordination.
- Involvement in the firm's representation of debtors in complex and high-profile bankruptcy matters, including PSINet, Iridium, US Office Products and Kmart.
Outside of his bankruptcy practice, Mr. Goldblatt participated in WilmerHale's representation of the University of Michigan, from the district court to the Supreme Court, in Grutter v. Bollinger, 539 US 306 (2003). The Supreme Court's decision in that case held that institutions of higher education may consider race as a factor in admissions decisions. He has also represented an array of pro bono clients in civil rights, criminal and constitutional litigation.
Professional Activities
Mr. Goldblatt is the chair of the ABA Business Bankruptcy Committee’s Subcommittee on Environmental and Mass Tort Claims. He has taught as an adjunct professor at the Georgetown University Law Center. He is a regular speaker at ABA, ABI and other conferences on bankruptcy matters. Mr. Goldblatt also serves on the Board of Trustees of the Lawyers’ Committee for Civil Rights Under Law.
Honors and Awards
- Recognized as a DC leader in the bankruptcy/restructuring field in the 2005, 2006, 2007, 2008, 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business
- Selected by his peers for inclusion in the 2010, 2011 and 2012 editions of The Best Lawyers in America in the area of bankruptcy and creditor-debtor rights law.
- Winner of the Washington Business Journal's 2008 award for the Top Washington Lawyer in the category of bankruptcy.
- Listed as a Top Lawyer in bankruptcy and commercial law in Washington DC by Washingtonian magazine in 2007, 2009 and 2011
- Listed as a leading bankruptcy lawyer by The American Lawyer and The Daily Deal
- Recipient of the 2007 Pro Bono Award from the National Association of Consumer Bankruptcy Attorneys for the firm's amicus brief in Marrama v. Citizens Bank of Massachusetts
