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August 20, 2024

BBA Spotlight Series: Get to Know Emerging Leaders in Boston Law – Shari Dwoskin

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This summer, we’re spotlighting emerging leaders in Boston law to highlight the work they do, their legal careers thus far, and their connection to the larger Boston legal community. We caught up with Brown Rudnick LLP Partner Shari Dwoskin, to learn more about her growing Bankruptcy & Corporate Restructuring Practice, her advice to new lawyers in Boston, and more. Check out the full interview below: 

Boston Bar Association: What inspired you to become a lawyer? And more specifically, what sparked your interest in Bankruptcy & Corporate Restructuring?

Shari: It took me a long time before I decided to go to law school. I was in a Ph.D. program and then worked in higher education until I realized that I really wanted to practice law. But it wasn’t until I started at Brown Rudnick that I realized that I am a bankruptcy lawyer at heart. Bankruptcy law is complicated, high-stakes, and fast-paced. It’s a blend of litigation and corporate practice, and requires strategic thinking, oral and written advocacy, and negotiation and dealmaking. Each case lets me learn about how different industries are capitalized, and touches different areas of law (including securities, real estate, intellectual property, energy, regulations, and even white collar).

BBA: What advice would you give to new lawyers or law students entering the profession?

Shari: If you have a question, walk into someone’s office or pick up the phone. If you send an email, you lose not only timeliness, but context. You’ll never learn as much as you do from an actual conversation, and it helps develop relationships far better than you can over email.

Take ownership over your matters: Be the expert in your facts, and always think about (and be prepared for) the next step in the process.

Start thinking about yourself as a business advisor. Whoever your clients are, you need to understand what outcome is most desirable to them, and what their risk tolerance is, in order to develop a case strategy that maximizes the kind of value they’re looking for.

BBA: What accomplishment are you most proud of?

Shari: Most recently, I won key concessions for unsecured creditors in bus operator Coach USA’s Chapter 11 bankruptcy cases, wherein we challenged certain terms of post-petition financing and an auction to sell Coach’s core business lines. The bankruptcy judge sided with unsecured creditors, ruling that the financing and sales proposals would improperly benefit senior lenders at the expense of the rights of unsecured creditors, directing Coach and its lenders to negotiate with the unsecured creditors on a revised strategy, which will result in unsecured creditors receiving a recovery.

I also co-lead a groundbreaking litigation with respect to roughly $40 million in cryptocurrency assets the U.S. government sought to seize from a debtor in bankruptcy, on account of a criminal forfeiture proceeding against certain of the debtor’s creditors. The central issues were whether the bankruptcy court or the criminal court had jurisdiction to determine which of the debtor’s assets corresponded to the seizure warrant, and whether the U.S. Department of Justice (DOJ) could recover the criminal defendants’ claim in full at the expense of other similarly situated creditors.

On behalf of the official committee of unsecured creditors, we initiated legal action to prevent the U.S. government from seizing the full balance of these accounts, arguing that the DOJ could not seize more than the criminal defendants would have been entitled to receive. We successfully secured three critical pre-trial rulings from three different courts in support of BlockFi.

BBA: What do you enjoy most about your job?

Shari: They say that bankruptcy lawyers are the last true generalists. I do new things all the time, even though the nuts and bolts of what we do are the same. I think of it as a puzzle, with debt and assets as the pieces to be reconfigured in different ways. Good strategic lawyering can create value for stakeholders where it looks like there is none.

BBA: What are some of the challenges you face in your job, and what strategies have you devised to best handle those challenges?

Shari: In bankruptcy proceedings, balancing the interests of various stakeholders and ensuring fair play for all parties can be extremely challenging, mainly because there just isn’t enough money to go around. Effective negotiation and clear communication are essential in these situations, especially when representing creditors like I do who often don’t have a voice during the prepackaged restructuring plan negotiations. I strive to build consensus where possible, but when necessary, I am prepared to advocate vigorously for my client’s interests, including litigation.

Bankruptcy cases can be emotionally taxing for clients, who often face significant personal and financial stress. I try to approach these situations with empathy and provide clear, compassionate guidance. Establishing a supportive relationship with clients helps them navigate the process more comfortably and makes it easier to manage their expectations and concerns.

BBA: You have a thriving pro bono practice and history of advocacy. What drew you to that kind of work, and why is it important to you?

Shari: Pro bono work allows me to address systemic inequalities and advocate for underrepresented or marginalized groups. It’s not just about providing legal services; it’s about empowering clients, amplifying their voices, and contributing to a more equitable legal system. For me, this work is a vital aspect of fulfilling my professional responsibility and personal values. It serves as a reminder of the broader purpose of our legal practice—ensuring that justice is accessible and equitable for everyone, regardless of their financial situation.

BBA: Why is it important to you to be involved in the broader legal community, like the BBA? How has this helped you in your career?

Shari: There is a strong community among bankruptcy lawyers and restructuring professionals: I tend to work with the same people over and over again, and developing relationships with people over time is one of the most rewarding aspects of my career.

BBA: You routinely speak at national conferences on a variety of bankruptcy topics. What do you enjoy most about sharing your expertise with others in your field? Do you have any particular highlight from such a speaking engagement that stands out?

Shari: I’m lucky enough to have worked on some of the largest and most complicated bankruptcy cases in the past few years. What I enjoy most about speaking at national conferences is exploring what the effects of some of these cases might be, not only in other large cases to come, but in smaller cases across the country.

One highlight is a recent panel on current trends in debtor-in-possession (DIP) financing. While I’ve seen DIP strategies in large cases expand over time, it was fascinating to see how trends in smaller cases do and don’t mirror what happens in big cases.

BBA: What is your favorite Summer activity in Boston?

Shari: I’m at Castle Island nearly every day in summer—I love walking around Pleasure Bay, swimming, spending time with friends and family, and getting ice cream from Sullivan’s!