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Roger Frankel
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Partner, Frankel Wyron LLP
Washington, D.C.
(202) 367-9128 direct
[email protected]
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Roger Frankel, Founding Partner of Frankel Wyron LLP, has practiced in the
areas of business reorganization and creditors rights since 1972, with an
emphasis on bringing business and common sense to complex legal situations.
Mr. Frankel has been appointed as a fiduciary in a multitude of mass tort cases
and also counsels companies, trusts and families in connection with multi-faceted
counter party disputes, often involving financial distress.
Mr. Frankel was appointed by the United States Bankruptcy Court as the Legal
Representative for holders of future personal injury asbestos claims in the
Chapter 11 case of W.R. Grace and now holds that same position with the W.R.
Grace Personal Injury Trust. He was also appointed as the Legal Representative
for the Combustion Engineering 524(g) Trust.
On August 30, 2017, Mr. Frankel was appointed by the Federal Bankruptcy Court
in Delaware as the Legal Representative for those individuals who will hold
claims for personal injury in the future against the various Takata companies in
connection with their manufacture of defective airbags. Effective in April 2018,
the Bankruptcy Court appointed Mr. Frankel to serve as the Future Claimants
Representative to the Takata Airbag Tort Claimants Compensation Fund, which
is the trust fund created under the plan of reorganization for the Takata entities
to compensate claimants who suffer personal injuries caused by defective
Takata airbag inflators.
In February of 2020, Mr. Frankel was engaged by Mallinckrodt LLC to serve as
the pre-petition Future Claims Representative in an expected Chapter 11 filing
by the Company. In that role, Mr. Frankel and his advisors performed due
diligence regarding issues related to estimating future personal injury opioid
claims against Mallinckrodt. On October 12, 2020, Mallinckrodt PLC and its
subsidiaries filed for Chapter 11 protection in the Federal Bankruptcy Court in Delaware.
On June 11, 2021, the Bankruptcy Court entered an Order Appointing Mr.
Frankel to serve as the Legal Representative for future opioid personal injury
claimants, effective as of the Petition Date.
Mallinckrodt emerged from Chapter 11 in June, 2022.
Mr. Frankel now serves as the future claims representative for the Mallinckrodt Opioid Personal Injury Trust.
On June 10, 2021, the Bankruptcy Court for the District of Delaware appointed
Mr. Frankel to serve as the Legal Representative for future personal injury
claimants after a contested hearing in the Bankruptcy Case of Cyprus Mines
Corporation. Cyprus Mines filed for Chapter 11 protection on February 11, 2021
as a result of being named as a defendant in a multitude of talc-related
personal injury lawsuits.
In July of 2022, Mr. Frankel was engaged by Endo International PLC,
a global specialty pharmaceutical company to serve as the pre-petition Future Claims Representative in an expected Chapter 11 filing by the Company.
On August 16, 2022, Endo and various affiliates filed for Chapter 11 protection in the Southern District of New York.
Immediately thereafter, the Company filed a Motion to appoint Mr. Frankel as the Future Claims Representative, and on September 30,
the Court entered an Order appointing Mr. Frankel to that position. Pursuant to the appointment Order,
Mr. Frankel represents the interests of future, personal injury opioid claims, as well as future transvaginal-mesh claims.
Mr. Frankel served as a member of the Board of Directors of Pittsburgh Corning
Corporation and Pittsburgh Corning Europe, from March, 2016 until the sale of
the companies to Owens Corning in June, 2017. As an integral part of his
restructuring practice, Mr. Frankel has counseled clients, including wealthy
families, in connection with governance policies.
Mr. Frankel has extensive experience representing various parties in connection
with Chapter 11 cases and out-of-court restructurings including clients in the
gaming, real estate, manufacturing, distribution, energy, telecommunications, pharmaceutical
and service industries. He has counseled clients regarding various aspects of
mass-tort liabilities.
Mr. Frankel is an avid golfer and past president of Woodmont Country Club
(MD) and a member of Liberty National Golf Club (NJ), and High Ridge Country
Club (FL).
A sample of his notable engagements include:
General Motors National Dealers Council. Mr. Frankel represented the
General Motors National Dealers Council in connection with the restructuring
and bankruptcy of General Motors Corporation. The council represents
approximately 6,000 GM dealers in the U.S. Mr. Frankel also worked closely with
the National Automobile Dealers Association on this engagement.
Buffalo Thunder Resort and Casino. Mr. Frankel represented this New Mexico
Native American Gaming Casino in a complex out of court restructuring.
Combustion Engineering. Mr. Frankel represented the court-appointed Legal
Representative for future claim holders in connection with the negotiation and
successful confirmation of Combustion Engineering, Inc. plan of reorganization, which resulted in the establishment of a trust with more than US $1 billion in
assets for the benefit of present and future asbestos claimants. Mr. Frankel now
acts as the Legal Representative in connection with the Trust as it processes and
pays asbestos personal injury asbestos claims.
Mallinckrodt PLC. Mr. Frankel was engaged by this multi-national pharmaceutical
company pre-petition to serve as the Legal Representative for personal
injury claimants that may assert opioid personal injury claims against the Company in the future.
The Company filed for Chapter 11 protection in October of 2020, and Mr. Frankel was appointed as the
Future Claims Representative on a permanent basis in June, 2021. Mallinckrodt's Chapter 11 Plan of Reorganization was
confirmed by the U.S. Bankruptcy Court in March of 2022, and the Company successfully emerged from bankruptcy protection in
June, 2022. Mr. Frankel now serves as the Future Claims Representative for the
Opioid Personal Injury Trust created upon Mallinckrodt's emergence from Chapter 11.
Shook & Fletcher Asbestos Trust. Mr. Frankel is the Trustee of this asbestos
Trust formed in 2002 after the confirmation of the plan of reorganization of
Shook & Fletcher Insulation Co. in Birmingham, Alabama. He succeeds Mr. Harry
Huge who was the original Trustee of the Trust.
Pepco/Mirant.
Mr. Frankel represented Potomac Electric Power Company
(Pepco) in complex, cutting-edge litigation concerning the ability of Mirant
Corporation, a debtor power generator, to reject electric power contracts. The
defense of Pepco resulted in a new law in the U.S. Court of Appeals for the Fifth
Circuit that requires courts to consider the public interest before approving the
rejection of a power contract.
W.R. Grace.
Mr. Frankel acted as the court-appointed Legal Representative for
the holders of future claims in the confirmed Chapter 11 case of W.R. Grace &
Co., et. al., a worldwide chemical company. Mr. Frankel was one of the lead
negotiators that resulted in the Plan being jointly filed by the Debtors, the
Asbestos Creditors Committee, the Legal Representative and the Equity
Committee. The plan of reorganization became effective on February 3, 2014.
On the Effective Date the Trust had in excess of $3 billion in assets to pay
present and future personal injury asbestos claims.
Admitted in
- District of Columbia
- Maryland (inactive status)
Court Admissions
United States Courts of Appeals
United States District Court
