Gregory W. Werkheiser
PEOPLE

Gregory W. Werkheiser

Of Counsel
werkheiser.gregory@dorsey.com

Overview

Greg is a dedicated and solutions-oriented practitioner who, for nearly three decades, has focused his practice on corporate restructuring, bankruptcy, and other insolvency matters.

Greg frequently represents distressed businesses, lenders, creditors, and other stakeholders in complex bankruptcy and restructuring matters, including appearing for clients in federal courts throughout the United States on a range of bankruptcy and related commercial litigation proceedings. 

Greg’s industry experience includes: 

  • healthcare
  • energy exploration and production
  • online and traditional retail
  • pharmaceuticals
  • pulp and paper
  • heavy manufacturing
  • franchising
  • restaurants
  • commercial real estate
  • regulated cannabis, hemp, and CBD 
  • insurance
  • shipping
  • civil construction
  • broadcast media
  • performance rights management

Education & Admissions

Widener University Delaware Law School (J.D., 1996), magna cum laude; Articles Editor, Delaware Journal of Corporate Law

Pennsylvania State University (B.S., Finance, 1992)

Admissions

  • Delaware
  • New York
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York

Clerkships

  • U.S. Court of Appeals for the Third Circuit, Honorable Jane R. Roth, 1996-1997

Experience

Representative Experience

  • As DOJ Trial Attorney, representation of federal government in chapter 11 bankruptcy cases and related False Claims Act litigation involving Rite Aid Corp. and affiliates. *
  • As DOJ Trial Attorney, representation of federal government in chapter 11 bankruptcy cases of Midwest Christian Villages, Inc. and its affiliates, owner-operators of portfolio of senior living facilities. *
  • As DOJ Trial Attorney, representation of federal government in Subchapter V reorganization of Curitec, LLC, a leading provider of wound care products and services. *
  • Lead counsel for leading producer of industrial help and CBD products in chapter 12 bankruptcy proceedings. *
  • Lead restructuring counsel for one of the nation’s largest providers or post-acute care in its successful acquisition of seven assisted living facilities from an Ohio receivership proceeding. *
  • Delaware co-counsel for the Official Committee of Unsecured Creditors of the Hertz Corporation, et al., in successful chapter 11 proceedings that paid all creditor in full and provided meaningful return to shareholders. *
  • Lead counsel for official committee of equity holders in chapter 11 cases of upstream E&P company. *
  • Lead counsel for proton cancer treatment center in engagement concluding with successful going concern bankruptcy sale and liquidating plan. * 

*Select representations occurred prior to joining Dorsey

News & Resources

Legal Writings

  • Author/Moderator, Business Bankruptcy Legal Update, American Bankruptcy Institute Annual Spring Meeting (April 2019).
  • Author, Of Spoiled Milk—Warnings That Should and Should Not Have Been Issued: Another Take on the Potential for Management and Controlling Shareholder Liability Related to an Insolvent Company’s WARN Act Violations, Business Law Today (Aug. 2017).
  • Author, Parsing the Overhaul of the Bankruptcy Appeals Rules, Bankruptcy Litigation, Vol. 20, No. 2 (Winter 2015).
  • Author, ASARCO and the High Cost of Getting Paid in the Fifth Circuit (and Maybe Everywhere), XXXIV ABI Journal 1, 12-13, 65-67 (Jan. 2015).
  • Author, Applying the Doctrine of Exclusive Appellate Jurisdiction to Bankruptcy Appeals, Bankruptcy Litigation, Vol. 19, No. 2 (Winter 2014).
  • Author, When Do Court Orders Become Improper Advisory Opinions?, XXXIII ABI Journal 4, 36-37, 97-98 (April 2014).
  • Author, A Bankruptcy Lawyer’s Take on Bankruptcy Appeals, Am. Bar Assoc. App. Pract. J., Vol. 30, No. 3 (Spring 2011).
  • Author, Beware of the False Claims Act Claim: The Potential Case-Killer in Your Claims Register, XXIX ABI Journal 4, 48-49, 81-83 (May 2010).

Industries & Practices

  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Technology

Professional & Civic

Professional Achievements

  • Appointed by Chief Judge of U.S. Court of Appeals, Third Circuit to Bankr. D. Del. Judicial Merit Selection Committee, 2018, 2020
  • Member, Local Bankruptcy Rules Advisory Committee, Bankr. D. Del., 2011-2023
  • Member, Joint Working Group of Delaware Bankruptcy Bar, Chapter 7 Trustee Panel and Office of the U.S. Trustee Concerning Administration of Large and Converted Cases, 2013 – 2014

Accolades

  • Ranked Bankruptcy/Restructuring Practitioner by Chambers USA Guide, 2014-2023
  • Listed in Best Lawyers in America, 2017-2024
  • Listed in IFLR1000, 2019-2022
  • Listed in Who’s Who Legal, 2019-2020
Gregory W. Werkheiser