Lauren Friend McKelvey

SHAREHOLDER
Phone: (703) 218-2135
Fax: (703) 218-2160
Practice Areas

Lauren Friend McKelvey

SHAREHOLDER
Phone: (703) 218-2135
Fax: (703) 218-2160
Practice Areas

Both litigator and dealmaker, Lauren Friend McKelvey is equally comfortable in the courtroom and the boardroom. Lauren frequently litigates bankruptcy matters, intellectual property disputes, and other commercial matters in state and federal court. She also negotiates financing and technology agreements for her clients and advises companies, fiduciaries, and banks with respect to statutes, rules, and regulations in bankruptcy, finance, privacy, and intellectual property.

Lauren focuses her practice in the Washington, D.C. metropolitan area, and has extensive experience operating in the Eastern District of Virginia’s (EDVA) “Rocket Docket” in both the Bankruptcy and District Courts. She has represented clients in over 350 cases and adversary proceedings in the EDVA Bankruptcy Court alone.  Lauren has been recognized as a “Rising Star” by Virginia and Washington, D.C. Super Lawyers and the International Women’s Insolvency & Restructuring Confederation (IWIRC).

Education
  • J.D., magna cum laude, Antonin Scalia Law School, George Mason University, 2009
    • Symposium Editor, George Mason Law Review
  • M.A., Edmund A. Walsh School of Foreign Service, Georgetown University, 2005
    • Honors Certificate, Landegger Program in International Business Diplomacy
  • B.A., summa cum laude, Sweet Briar College, 2003
    • First in Graduating Class
    • Phi Beta Kappa
    • NCAA Academic All-American At-Large Team (swimming)
Admitted To Practice
  • Virginia
  • District of Columbia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the District of Columbia
Practice Highlights

Bankruptcy Litigation, Reorganization, and Counseling:

  • Represents creditors, insurers, and other parties in large Chapter 11 bankruptcy cases, including American Airlines, Circuit City, Eastman Kodak Company, Hawker Beechcraft, Life Partners Holdings, Inc., and Tribune Co.
  • Has represented companies, fiduciaries, and banks in over in over 350 bankruptcy cases and adversary proceedings in the Eastern District of Virginia (EDVA) alone.
  • Defends adversary proceedings and class actions brought under the Fair Debt Collection Practices Act (FDCPA).
  • Prosecutes and defends contempt proceedings in bankruptcy court.
  • Litigates fraudulent transfer and preference actions.
  • Obtained pre-discovery dismissal of three adversary proceedings in the Bankruptcy Court for the District of Columbia on behalf of media company client.
  • Counseled Florida radio station group in its successful Chapter 11 reorganization.
  • Represented popular Washington, DC restaurant and lounge in its successful Chapter 11 reorganization.
  • Represented committee of unsecured creditors the Chapter 11 reorganization of a Washington, DC hospital.
  • Represented creditor in successful objection to confirmation of plan, sustained with prejudice, in a contested bench trial in the Bankruptcy Court for the Eastern District of Virginia.
  • Represented the Chapter 11 trustee in one of the largest real estate mortgage fraud and Ponzi schemes ever uncovered in the Washington, DC region.
  • Obtained judgment for creditor in contested bench trial in the Bankruptcy Court for the District of Columbia and declaration that the judgment was not dischargeable in bankruptcy based on the debtor’s fraud.
  • Experienced in advising clients on international insolvency matters and cross-border bankruptcy issues.
  • Represented creditor in Chapter 15 (cross-border) case of Canadian manufacturer, Cinram International.

Intellectual Property and Commercial Litigation:

  • Litigates disputes over patents, copyrights, trademarks, and trade secrets in federal court.
  • Prosecutes and defends claims of fraud, misrepresentation, and business torts.
  • Represents clients in commercial breach-of-contract actions.
  • Obtained judgment for creditor in contested breach-of-contract bench trial in the General District Court for the City of Staunton, Virginia.
  • Successfully vacated judgment against corporation in contested bench trial in the Superior Court of the District of Columbia (affirmed on appeal to the District of Columbia Court of Appeals).

Restructuring, Finance, and Technology Transactions and Counseling:

  • Advises clients on acquisitions, venture formation and structure, restructuring, debt and equity funding, and equity purchases. Experienced in distressed asset transactions (both seller and purchaser), including acquisitions of real estate, aircraft, franchises, ownership interests in companies, and health care businesses.
  • Represents borrowers and lenders in financial transactions, including loan agreements, refinance, workout, and forbearance agreements.
  • Counsels banks and secured lenders regarding distressed debt, Uniform Commercial Code remedies, disposition of collateral, foreclosure, and repossession.
  • Advises banks and lenders regarding compliance with statutes, rules, and regulations, including the Bankruptcy Code and Rules, the Fair Debt Collection Practices Act (FDCPA), and the Small Business Administration (SBA) regulations.
  • Advised private equity fund in negotiations related to a Small Business Investment Company (SBIC) receivership.
  • Advises banks, fiduciaries, and companies in all aspects of bankruptcy transactions, DIP financing, bankruptcy asset sales, and bankruptcy-related contract and licensing issues.
  • Negotiates and drafts software and technology contracts, including license agreements, end-user license agreements (EULA), service-level agreements (SLA), acceptable use policies (AUP), subscription agreements, master services agreements, master relationship agreements, professional services agreements, reseller agreements, and provider agreements.
Areas of Concentration
  • Bankruptcy & Creditors’ Rights
  • Technology
  • Litigation
  • Intellectual Property
Professional Activities

Professional Organizations:

  • American Bankruptcy Institute (ABI), International Committee
  • International Women’s Insolvency & Restructuring Confederation (IWIRC)
    • Board of Directors
    • Co-Chair, Washington, D.C. Network
  • Northern Virginia Bankruptcy Bar Association (NVBBA)
  • Member of the Eastern District of Virginia Standing Committee on Local Bankruptcy Rules
Honors & Awards
  • 2013-2017 Virginia Super Lawyer Rising Star – Bankruptcy: Business
  • 2014-2017 Washington D.C. Super Lawyer Rising Star – Bankruptcy: Business
  • 2017 Top Lawyers, Washingtonian magazine
  • Recipient of International Women’s Insolvency & Restructuring Confederation (IWIRC) 2014 Rising Star Award
Publications
  • Harness Your Strong Arm Powers: A Five-Point Checklist for Bringing Claims Under § 544 (June 30, 2015 | American Bankruptcy Trustee Journal Vol. 31, No. 1)
  • Can Bankrupt Law Firms Claw Back ‘Unfinished Biz’ Profits? (May 30, 2014 | Law360)
  • A Primer on Serving the IRS and Other Federal and State Governmental Entities (May 4, 2014 | NABTalk Vol. 30, No. 1)
  • Can a Bankrupt Franchisee Assign Its Franchise Without the Franchisor’s Consent? (November 5, 2013 | Franchise Alert)
  • Bankruptcy Court Declines to Extend Automatic Stay to Foreign Debtor’s U.S. Subsidiary (February 20, 2013| ABI International Committee News, Vol. 10 No. 1)
  • Take Back That Jet: Managing Turbulence in Aircraft Repossession (June 5, 2010| AirWorthy)
Speaking Engagements
  • Show Me the Money: Asset Identification & Recovery in International Insolvencies, International Women’s Insolvency & Restructuring Confederation (IWIRC) 24th Annual Fall Conference, October 8, 2017.
  • Ponzi’s the Name, Clawback’s the Game: The Anatomy of Ponzi Scheme, IWIRC and the Maryland State Bar Association Consumer Bankruptcy Section, April 6, 2017.
  • Speaking Up: Effective Presentation Skills, Moderator, IWIRC Washington, D.C. Network’s Second Annual Professional Development Panel, November 9, 2015
  • The Trustee’s Strong-Arm Powers under Bankruptcy Code § 544: 7 Tips for Prosecuting and Defending Avoidance Actions, Northern Virginia Bankruptcy Bar Association, May 21, 2015
  • A Guide to Retail Chapter 11 Cases for Commercial Landlords, Mid-Atlantic Real Estate Corporate Counsel Meeting, May 7, 2014
  • Business Lending: Recent Legal Developments, ABI’s Risky Times for Secured Lenders and Servicers Workshop, November 6, 2013

Get In Touch

 We welcome the opportunity to partner with you on all your legal needs. Our Reston, Virginia, office is open from 8:00 a.m. to 6:00 p.m., Monday through Friday. You’ll find direct-dial phone numbers for individual attorneys on their profile pages, or click below to fill out a contact form to request an appointment.

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