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Annette Jarvis

Annette Jarvis brings practical business sense to her representation of banks, financial institutions, and other parties on matters related to Chapter 11 bankruptcy cases and out-of-court workouts and cross-border insolvency cases. Annette’s experience includes representing creditors, debtors, boards of directors, trustees, receivers, public bond holders, purchasers of distressed assets, and indenture trustees and foreign representatives. She also has wide-ranging experience in receivership cases, has handled Securities Investor Protection Corporation (SIPC) cases brought under the Securities Investor Protection Act of 1970 (SIPA), and has experience with state insurance rehabilitation and liquidation cases. She has deep experience advising clients on the complex cases remedying the problems created by fraudulent enterprises, including Ponzi schemes, and by mass torts. Annette has also testified as an expert witness on aspects of U.S. bankruptcy law.

Concentrations

  • Distressed M&A
  • Creditor’s rights
  • Bankruptcy litigation
  • Cross-border insolvency
  • Appellate litigation

Capabilities

Experiencia

  • Testified as an Expert Witness for the Republic of Slovakia in EuroGas Inc. and Belmont Resources Inc. v. The Slovak Republic (ICSID Case No. ARB/14/14), where, on Aug. 18, 2017, the international tribunal, after a full hearing, dismissed all of claimants’ claims, publicly reported to be worth US$1.65 billion.°
  • Argued the case of El Paso City of Texas v. America West Airlines, Inc., 217 F.3d 1161 (In re America West Airlines, Inc.) (9th Cir. 2000) before the Ninth Circuit Court of Appeals, which created a circuit split on the interpretation of Section 502(d) of the Bankruptcy Code.°
  • Acted as trial counsel for party defendants in the case of The Chase Manhattan Bank v. Iridium Africa, et al., Civil Action No. 00-564 (MPT) (D. Del., October 23, 2002), which addressed novel issues in limited liability company governance, the pledging of collateral, and Section 365(c)(2) of the Bankruptcy Code.°
  • Represented an appellant in Official Comm. of Unsecured Creditors v. Dow Corning Corp., 456 F.3d 668 (6th Cir. 2006), which reversed the lower courts in setting parameters of the rights of unsecured creditors in solvent bankruptcy cases.°
  • Argued the appeal of a plan confirmation order in In re USA Capital Commercial Mortgage, Inc., 2007 SL 2571947 (D. Nev. 2007), in which the appeal was dismissed as moot.°
  • Acted as trial co-counsel in the case of Nilson, et al. v. JP Morgan Chase Bank, N.A., Individually and as Administrative Agent, et al., 690 F. Supp. 2d 1231 (D. Utah 2009), in which the court granted a preliminary injunction preserving tax refunds for the benefit of the bank group based on the interpretation of a subordination agreement between banks and the principals of their borrowers.°

Annette has represented parties in complex restructurings and insolvency-related litigation in cases in many industries, including:

  • Energy (Southern Montana Generation and Transmission Electric Cooperative, Inc.; Cajun Electric Power Cooperative, Inc.; Tri-Valley Corporation; oil and gas workouts)°
  • Mining (Veris Gold, Inc.)°
  • Agribusiness (Universal Cooperatives, Inc.; Cranberry Growers Cooperative; large dairy workouts)°
  • Real Estate (Woodside Homes; Utah 7000, LLC; USA Capital Commercial Mortgage Company)°
  • Retail (Naartjie Custom Kids, Inc.)°
  • Health-Related Industries (nursing home workouts, biotech company workouts, Dow Corning Corp., A.H.Robins)°
  • Manufacturing (Geneva Steel LLC, LTV Steel)°
  • Entertainment (Qintex Entertainment/Hal Roach Studios, Gillett Holdings, Inc.)°
  • Telecommunications (Iridium LLC)°
  • Airlines (America West Airlines)°

°The above representations were handled by Ms. Jarvis prior to her joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Best Lawyers in America, 2005-2020
    • Named "Salt Lake City Litigation - Bankruptcy Lawyer of the Year,” 2018
  • Listed, Chambers USA,“Litigation: General Commercial,” 2017-2018
  • Listed, Super Lawyers magazine, “Mountain States Super Lawyers, 2007-2020
    • Selected, “Top 100 Lawyers in Mountain States,” 2018-2020
    • Selected, “Top 50 Women Lawyers in Mountain States,” 2018-2020
    • Selected, “Top 10 Lawyers in Mountain States,” 2018-2019
  • Listed, Utah Business Magazine, “Utah Legal Elite – Bankruptcy/Workout,” 2016-2020
  • Recognized, Utah State Bar, “Lawyer of the Year,” 2016
  • Recipient, Third Annual Christine M. Durham Public Service Award, 2015
  • Recipient, “Women Lawyers of Utah Mentoring Award,” 2014
  • Recipient, Utah Federal Bar Association, “Distinguished Service Award,” 2013
  • Recipient, J. Reuben Clark Law School, “Brigham Young University College Honored Alumni Award,” 2010
  • Recipient, Women's Law Forum, J. Reuben Clark Law School, Brigham Young University, “Distinguished Alumna Award,” 2005 
  • Recipient, Turnaround Management Association, “Large Company Transaction of the Year Award,” 2007
  • Recipient, Salt Lake Chamber of Commerce, Women in Business Conference, “Pathfinder Award,” 2007
  • Recipient, Utah State Bar, “Dorothy Merrill Brothers Award for the Advancement of Women in the Legal Profession,” 2005
  • Rated, AV Preeminent® 4.9 out of 5.0

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, Brigham Young University's J. Reuben Clark Law School, Dean's Board of Advisors
  • Member, J. Reuben Clark Law Society
    • International Board Member
    • Chair, Finance Committee
    • Founder, Women in the Law Committee
    • J. Reuben Clark Law Society Advisors
  • Member, American Bankruptcy Institute
    • Co-Chair, ABI Rocky Mountain Bankruptcy Conference
    • Regional Chair, ABI Foundation, 2010-2015
  • Fellow, American College of Bankruptcy, 2001-Present
    • Secretary and Member of Executive Committee, 2020-Present
    • Member of Board of Directors, 2015-2019
    • Past Chair – 10th Circuit Education Committee
  • Member, The Federal Bar Association
  • Member, The International Women's Insolvency and Restructuring Confederation (IWIRC)
    • Founder, Mountain/Desert Network, 2007
  • Member, Turnaround Management Association
    • Member, Global TMA Executive Committee
    • Board Member, TMA Rocky Mountain Chapter
    • Co-Chair, TMA Western Regional Conference, 2011-2012
  • Member of Board of Trustees, Utah Symphony/Utah Opera, 2010-Present
    • Executive Committee Member, 2010-Present
    • Board Secretary, 2010-Present
    • Chair of Governance Committee
    • Boards on Fire Task Force Chair, 2019-Present
  • Member of Board of Trustees, Utah Museum of Contemporary Art, 2019-Present
  • Former Community Council Member, West High School
  • Former ESL Teacher, Community Based Program at West High School

Credentials

Educación
  • J.D., magna cum laude, Brigham Young University - J. Reuben Clark Law School, 1979
    • Member, BYU Law Review
  • B.S., magna cum laude, Brigham Young University
    • Valedictorian for the Department of History
Con licencia para ejercer en
  • Colorado
  • Utah
  • U.S. District Court for the District of Utah
  • U.S. District Court for the Western District of Wisconsin
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit