Roger A. Clement, Jr.
Firm: Verrill Dana LLP
Address: One Portland Square
Portland, ME 4112
Membership: MembershipsAmerican Bar Association Maine State Bar Association fellow Maine Bar Foundation American Bankruptcy Institute
University: Bowdoin College, A.B., 1986, University of Maine School of Law, J.D., 1991
Admitted: 1991, Maine; 1992, U.S. District Court, District of Maine
Biography: Roger A. Clement, Jr.'s practice consists primarily of representing debtors and creditors in business bankruptcies, commercial litigation, commercial restructurings, and other matters relating to financial distress and insolvency. He is the Chair of the firm's Bankruptcy and Creditors' Rights Department. Roger has extensive experience in representing Chapter 11 debtors-in-possession, Chapter 11 trustees, creditors' committees, secured creditors, and landlords in local, regional and national Chapter 11 cases. He has represented technology companies, venture capitalists, health care institutions, railroads, timber companies, manufacturers, retailers, acquirers of assets, banks and insurance companies in bankruptcy cases and other matters involving financial distress. Roger has been a regular speaker on bankruptcy topics at conferences and seminars, including the American Bankruptcy Institute's Northeast Bankruptcy Conference. His publications include Going For Broke With Intellectual Property, 17 Maine Bar Journal 178 (2002). He received his A.B. from Bowdoin College in 1986 and his J.D. from the University of Maine School of Law in 1991, where he was a notes editor of the Maine Law Review. He was admitted to the Maine Bar in 1991. He is a member of the American Bankruptcy Institute and the Turnaround Management Association.HonorsAV Rated by Martindale-Hubbell Recognized in Chambers USA: America's Leading Lawyers for Business under Corporate/M&A: Bankruptcy Recognized by Best Lawyers as the 2015 Portland, Maine Litigation - Bankruptcy Lawyer of the Year Received Katahdin Counsel Recognition for Pro Bono efforts (2014)Recognized by The Best Lawyers in America as the 2012 Portland, Maine Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law Lawyer of the YearListed in The Best Lawyers in America under Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation - BankruptcySelected by peers for inclusion in New England Super Lawyers under Bankruptcy & Creditor/Debtor RightsRecipient of the Pro Bono Publico Award by Maine Bar Foundation and Volunteer Lawyers Project for most hours on completed pro bono cases by an attorney in 2009 Public ServiceBoard Member, Maine Bar Foundation (2012-Present)Chair, District of Maine Bankruptcy Rules Committee (2012-Present)Chair, University of Maine School of Law Board of Visitors (2014-Present, 2012-present)Board Member, University of Maine School of Law Board of Visitors (2012- Present)Campaign Cabinet Member, Campaign for Justice (2011-Present)Coach, Youth Basketball, Soccer, and Running, Falmouth Youth Soccer in Falmouth Community Programs (2009-Present)Chair, Stewardship Ministry of Foreside Community Church, Falmouth, Maine (2008-2010)Board Member, Portland String Quartet (2000-2002) Trustee, Northern Cumberland Memorial Hospital (1996-1999)Trustee, Naples Public Library (1995-1998)Chair, Naples Planning Board (1987-1988) Publications March 2013 The Fine Line Between Forceful Negotiation and Improper Coercion: First Circuit's Canning Opinion Provides Guidance to Secured Creditors With Bad Collateral Alerts and Newsletters Roger Clement July 23, 2012 Rejection Isn't So Bad: Seventh Circuit Rules that Non--debtor Licensee May Continue to use Trademark After Debtor-Licensor Rejects. Alerts and Newsletters Roger Clement March 16, 2009 Delaware Bankruptcy Judge Finds That Allegedly Lax Sale Process May Breach Duty of Loyalty and Good Faith Alerts and Newsletters Summer 2002 Going for Broke With Intellectual Property Published Works Roger Clement News September 2, 2015 Verrill Dana Sets Up Craft Beverage, Arctic Practice Groups Media Mentions Roger A. Clement, Jr. November 7, 2014 Verrill Dana Attorneys Honored for Pro Bono Service Press Releases Tawny L. Alvarez, Janet V. Britton, Braden M. Clement, Roger A. Clement, Jr., Seth S. Coburn, Michael J. Donlan, Jonathan M. Dunitz, Katie M. Gray, Colin W. Hay, Nathaniel R. Hull, Nora Lawrence Schmitt, Christopher S. Lockman, Andreea S. Richard, Melanie H. Stevens, Rachel M. Wertheimer, Karen Frink Wolf August 21, 2014 Verrill Dana Attorneys in Nine Practice Areas Named “Lawyers of the Year” Press Releases Eric D. Altholz, Lisa S. Boehm, Juliet T. Browne, Roger A. Clement, Jr., Kurt E. Klebe, William C. Knowles, Alan D. MacEwan, David E. Warren, Karen Frink Wolf August 8, 2013 Maine, Montreal & Atlantic Railway Bankruptcy Media Mentions Roger A. Clement, Jr. May 29, 2013 Verrill Dana Recognized as a Leading Firm by Chambers & Partners Press Releases Eric D. Altholz, Scott D. Anderson, Kelly B. Boden, Lisa S. Boehm, Robert C. Brooks, Juliet T. Browne, Anthony M. Calcagni, Roger A. Clement, Jr., James I. Cohen, Kimberly S. Couch, Douglas P. Currier, Gregory S. Fryer, David L. Galgay, Jr., Gregg H. Ginn, James G. Goggin, Mark K. Googins, Katie M. Gray, William S. Harwood, Nora R. Healy, Jeffrey L. Heidt, Nathaniel R. Hull, Alan D. MacEwan, Christopher S. McLoon, Suzanne E. Meeker, Richard G. Moon, Charles R. Oestreicher, James C. Palmer, Raymond A. Pelletier April 6, 2013 Downtown Vision Committee Seeks Public's Ideas Media Mentions Roger A. Clement, Jr. August 20, 2012 Verrill Dana's Beach to Beacon Team Hits the Road to Raise Money Press Releases Eric D. Altholz, Charles P. Bacall, Robert C. Brooks, Roger A. Clement, Jr., John P. Giffune, Kenneth F. Ginder, Jennifer L. Harrell, Nathaniel R. Hull, Gretchen A. Johnson, Lisa A. LaMarche, A. Robert Ruesch, Timothy R. Shannon, Rachel M. Wertheimer June 7, 2012 Verrill Dana Ranked Among Top Firms by Chambers & Partners Press Releases Eric D. Altholz, Scott D. Anderson, Kelly B. Boden, Lisa S. Boehm, Robert C. Brooks, Juliet T. Browne, Anthony M. Calcagni, Roger A. Clement, Jr., Christopher J.W. Coggeshall, James I. Cohen, Kimberly S. Couch, Douglas P. Currier, Gregory S. Fryer, Gregg H. Ginn, James G. Goggin, Mark K. Googins, William S. Harwood, Nora R. Healy, Jeffrey L. Heidt, Nathaniel R. Hull, Alan D. MacEwan, Christopher S. McLoon, Suzanne E. Meeker, Richard G. Moon, Charles R. Oestreicher, James C. Palmer, Raymond A. Pelletier, Christopher R. Smith October 6, 2011 Four Verrill Dana Attorneys Selected as Portland, ME Lawyers of the Year by Best Lawyers Press Releases Keith C. Jones, Gregory S. Fryer, Roger A. Clement, Jr., A. Robert Ruesch Experience Chapter 11 Sale of Assets We represented a Trustee faced with jointly-administered cases which were converted from Chapter 11 in a successful sale of assets. Correct Building Products: Claims Resolution We structured the confirmation of liquidation plan, and successfully resolved post-confirmation claims. In re Delaco Company Potential mass-tort plaintiffs turned to Verrill Dana's Bankruptcy & Creditors' Rights Group when a company that manufactured a drug with detrimental side effects filed for bankruptcy. In re Interep National Radio Sales, Inc., et al. In this case, Verrill Dana defended multiple parties against preference claims and was able to resolve the matters for approximately 25% of the demand. In re Maine Software Developers Association Verrill Dana represented the Maine Software Developers Association, a technology industry trade group, on a pro bono basis in the wind down of its affairs through chapter 7 liquidation, culminating in the 363 sale of the client's assets. In re Narraguagus Bay Heath Care, et al. Verrill Dana represented the Official Committee of Unsecured Creditors in the jointly administered cases of two entities that owned and operated nursing homes in Maine. In addition to advising the Committee with respect to the Debtors' financial condition and plan of reorganization, Verrill Dana worked with special labor counsel to the Debtors regarding the negotiation of union labor contracts and assisted in the resolution of a Medicare recoupment dispute. In re NewPage Corporation Verrill Dana represented a Maine-based trade supplier in securing “critical vendor” status in this Delaware bankruptcy case. In re Smurfit-Stone Container Corporation, et al. Verrill Dana represented a Maine-based trade supplier in asserting administrative claims against the debtor's estate pursuant to section 503(b)(9) of the Code and favorably resolved the debtor's resulting objection. Nonprofit Mergers & Acquisitions: Membership Substitution Transaction To expand its capacity to provide patient care in an increasingly competitive marketplace, a pioneering New York-based kidney and cancer research and treatment center affiliated with another New York institution in a complex, 11-month process requiring the coordination of many attorneys and practice groups. Representation of Chapter 7 Trustee: Red Shield Acquisition, LLC Secured approval for a 363 sale in only 26 days from our selection as Trustee's counsel. Sale of M.W. Sewall Co. The collaborative efforts of the Bankruptcy Department, the Business Law Department and the Real Estate Department resulted in the successful sale of substantially all of the operating assets of M.W. Sewall and Co. The case presented a particularly complex fact pattern and required an expedited sale process in order to allow the assets to be sold while they still had value. Sale of Medicaid Managed Care Plan This is an asset sale of the assets of a 501(3) tax exempt Medicaid managed care plan to a 501(c)(4) Managed Care Plan. Sale of Teaching/Community Hospital Sale of 500-bed teaching/community hospital to the teaching hospital of a major university. Events July 18-19, 2014 Northeast Bankruptcy Conference - Mass Torts in Bankruptcy Speaking Engagements Roger A. Clement, Jr. October 26, 2012 Judicial Conference of the District of Maine Speaking Engagements Roger A. Clement, Jr. (Also at West Hartford, Connecticut Office)