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Mr. Gorsich has been with White & Case since 2001 and is counsel in the Commercial Litigation practice group with a focus on bankruptcy litigation. He has a diverse range of experience in bankruptcy litigation, complex business litigation, alternative dispute resolution, and Foreign Corrupt Practices Act compliance audits and internal investigations.
Mr. Gorsich has extensive experience in major bankruptcy cases and has represented creditors, litigation trusts, bondholders, strategic and financial investors, and debtors in possession in connection with all aspects of complex bankruptcy cases.
Mr. Gorsich’s recent and noteworthy restructurings and bankruptcy representations include:
Otero County Hospital Association, Inc., the operator of a regional medical center in Alamogordo, New Mexico where Mr. Gorsich acted as bankruptcy litigation counsel in its chapter 11 proceedings in the United States Bankruptcy Court for the District of New Mexico. Prior to commencing its chapter 11 case the hospital was faced with approximately 50 separately filed personal injury lawsuits and additional unasserted claims arising from a series of spinal procedures performed by two doctors at the hospital's medical center. The plaintiffs' aggregate damage demands exceeded US$100 million—several multiples of available insurance. Through the chapter 11 plan the hospital consensually resolved the lawsuits and numerous additional related claims and regained access to the public municipal debt market. The hospital's plan became effective on September 19, 2012, with the closing of a $70 million municipal bond offering.
Freedom Communications Holdings chapter 11 case where Mr. Gorsich was bankruptcy litigation counsel representing a certified class comprising approximately 2,500 plaintiffs whose claim against Freedom arose from a wage and hour suit in California state court. Having reached a nearly $30 million settlement with the certified class and their state court counsel, Freedom filed for bankruptcy protection for the express purpose of avoiding payment of the settlement. Under the terms of a pre-negotiated plan support agreement between the debtors and their secured lenders, the certified class and similarly situated general unsecured creditors were to receive $5 million. As Freedom's largest unsecured creditor, the certified class took the primary role in increasing recoveries to general unsecured creditors to US$14.5 million plus the right to sue Freedom's former directors through a litigation trust (which resulted in an additional recovery of US$15.5 million). Mr. Gorsich also represented the litigation trust in connection with various claims resolution matters and the successful litigation against Freedom's former directors.
Texas Rangers Baseball Partners where White & Case represented Rangers Baseball Express LLC, a group headed by Hall of Fame pitcher Nolan Ryan and Pittsburgh sports attorney and investor Charles Greenberg in its successful bid to purchase the Texas Rangers through the Texas Rangers Baseball Partners' bankruptcy proceedings. The case was hotly contested and involved an expedited trial over disputed procedures for a very fast auction. After prevailing at the trial, the Ryan group prevailed as the winning bidder at the auction, over a group led by Dallas Mavericks owner Mark Cuban and Houston businessman Jim Crane.
Natural Products Group, LLC and certain of its subsidiaries, including Arbonne International, LLC and Levlad, LLC, leaders in the manufacture and distribution of personal care products under the Arbonne and Nature's Gate brands, in connection with their restructuring of approximately US$746 million in debt pursuant to a prepackaged chapter 11 plan of reorganization. Natural Products Group and its domestic subsidiaries filed voluntary petitions on 27 January 2010, confirmed their plan of reorganization less than a month later, on February 22, 2010, and closed the deal on March 5, 2010. Through the restructuring, the company reduced its debt obligations by more than 80 percent.
WCI Communities, Inc. and 126 of its subsidiaries, leading developers of luxury homes and condominium towers, in connection with their restructuring of approximately US$2 billion in debt through a chapter 11 plan of reorganization. WCI was one of the largest home builders to seek chapter 11 relief in the current downturn and the case involved the first settlement of Chinese drywall claimants by a large-scale homebuilder. White & Case's innovative strategies and credibility with the stakeholders allowed WCI to emerge as a deleveraged lifestyle community developer and land-holding company with the flexibility to continue its business in these unprecedented times. WCI was the 14th largest US chapter 11 case filing in 2008. In addition to representing WCI in multiple aspects of the proceeding, Mr. Gorsich developed and implemented a successful alternative dispute resolution procedure, which lead to the successful resolution of the vast majority of claims that participated in the ADR procedure.
White & Case served as lead debtors' counsel for Mirant Corporation, one of the largest producers, generators and marketers of electricity in the world, in its successful chapter 11 reorganization before the United States Bankruptcy Court for the Northern District of Texas involving more than US$10 billion in debt—the largest bankruptcy filing in the United States in 2003 and one of the largest energy industry bankruptcies in US history. Mr. Gorsich also represented Mirant in its objection to Kern River Gas Transmission Company’s $210 million claim. The trial resulted in a vast reduction in the amount of the claim.
Mr. Gorsich represented Old Ladder Litigation Company, the plaintiff created in the chapter 11 bankruptcy case of Werner Ladder, in its efforts to recover in excess of US$1 billion from more than 500 defendants.
Mr. Gorsich was also a member of the White & Case team representing Major League Baseball in the Dodgers bankruptcy in which Major League Baseball was successful in compelling a sale of the storied team by the unpopular owner, Frank McCourt, following a number of successful evidentiary hearings.
Mr. Gorsich also contributed to White & Case’s representation of certain lenders, including Indiana public pension funds in opposing the Chrysler bankruptcy sale. The case raised numerous issues of first impression, including under the Troubled Asset Relief Program, and held substantial global interest. The opposition was repeatedly a leading story in major newspapers and television and radio news programs.
Mr. Gorsich is also committed to pro bono work and in recognition of such commitment he has received numerous awards and recognition for his consistent pro bono contributions, including awards from the Citizen’s Commission on Jail Violence, the ACLU, and multiple annual awards from White & Case.
Representation of a computer software and internet company in its multibillion dollar lawsuit against twenty-two defendants, alleging Rico Act, Antitrust, Fraud, Unfair Business Practices and other claims.
Representation of a fortune 500 manufacturing company successfully proceeding in an ex parte application to and ultimately conducting a law enforcement assisted raid on suspected warehouse containing grey market and counterfeit goods being sold in violation of a restraining order.
Representation of a prominent financial institution in its defense of a complex class action relating to its duties as an indenture trustee.
Mr. Gorsich has also conducted several extensive Foreign Corrupt Practices Act compliance reviews and prepared investigation reports for the United Stated Department of Justice. Mr. Gorsich’s experience includes leading large teams of lawyers and forensic accountants conducting compliance audits and internal investigations in Latin America, India, and Eastern Europe, including in Moscow, Warsaw and Budapest.