Michael R. Lastowski is the managing partner of Duane Morris' Wilmington office. Mr. Lastowski practices in the areas of bankruptcy law and commercial litigation.
Admitted to practice in Delaware, Pennsylvania and New York, Mr. Lastowski is a member of the board of directors of the American Board of Certification and the board of directors of the Association of Insolvency & Restructuring Advisors (AIRA). He is also a member of the editorial board of the AIRA Journal.
Mr. Lastowski is a 1980 graduate of the University of Pennsylvania Law School and a 1976 magna cum laude graduate of Brown University, where he was elected to Phi Beta Kappa.
Resume
Experience
•Duane Morris LLP
- Partner, 2000-present
•Saul, Ewing, Remick & Saul LLP, Philadelphia, Pennsylvania
- Partner, 1988-2000
- Associate, 1984-1988
•Morgan, Lewis & Bockius, Philadelphia, Pennsylvania
- Associate, 1980-1984
Honors and Awards
•Listed in ALM as Top Rated Litigator, 2020
•Listed in The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights Category, 2016-2020
•Listed in Chambers USA: America's Leading Lawyers for Business, 2010-2020
•Listed in Delaware Super Lawyers, 2014-2019
•Listed in Best Lawyers Greater Philadelphia, 2016
•Publications and Speaking Engagements
Selected Publications
•Contributor, Duane Morris Delaware Business Law Blog
•Author, Chancery Grants a Receiver the Authority to Tax the Costs of a Receivership Against an Impecunious Petitioner, Delaware Business Court Insider, June 19, 2019
•Author, Buyer Beware - Following a Section 363 Sale and Lease Rejection, Debtor’s Tenant May Have Right to Retain Leasehold and Reduced Rent, Duane Morris Alert, January 30, 2019
•Co-author, Massachusetts Bankruptcy Court Rules That Parents Receive Reasonably Equivalent Value in Exchange for Paying Their Child's Tuition, Duane Morris Alert, September 14, 2016
•Author, Debtors Can't Sell Undersecured Creditor's Collateral, Delaware Business Court Insider, September 23, 2015
•Author, Setoff and Recoupment in the Context of Section 503(b)(9) Claims, Delaware Business Court Insider, May 27, 2015
•Co-author, Business As Usual, Subject To Restrictions, Law 360, May 8, 2015
•Author, Treatment of Make Whole Provisions in Chapter 11 Cases, Economic Outlook The Times Have Changed of Association of Insolvency and Restructuring Advisors (AIRA) Journal, 2015
•Co-author, Justice Hold Fee-Shifting Bylaw Not Per Se Invalid, Delaware Business Court Insider, May 21, 2014
•Co-author, Chancery Interprets Bankruptcy Code to Find Jurisdiction Over IP, Delaware Business Court Insider, April 16, 2014
•Co-author, Controlling Date of a Subsequent New Value Defense, Delaware Business Court Insider, March 12, 2014
•Co-author, Chancery Continues Effort to Corral Multiforum Litigation, Delaware Business Court Insider, February 25, 2014
•Co-author, Insider's Hurdles When Seeking Compensation for Services, Delaware Business Court Insider, December 25, 2013
•Co-author, Supreme Court Lifts Buyback Injunction in Activism, Delaware Business Court Insider, November 27, 2013
•Co-author, Chancery Court Limits Reach of Indemnification Provision, Delaware Business Court Insider, September 18, 2013
•Co-author, WARN Act Claims Can Be Brought by Adversary Proceeding, Delaware Business Court Insider, July 17, 2013
•Co-author, Lease Amendment Not Severable From Underlying Agreement, Delaware Business Court Insider, June 19, 2013
•Co-author, 'Make Whole' Payment Approved in School Specialty Case, Delaware Business Court Insider, May 15, 2013
•Co-author, Bankruptcy Court Upholds Post-Petition Lockup Agreement, Confirms Plan in Indianapolis Downs, Delaware Business Court Insider, February 27, 2013
•Co-author, Chancery Court, SEC to Weigh in on Public Disclosure of Corporate Political Giving, Delaware Business Court Insider, January 16, 2013
•Author, Two-Year Look-Back Period Is Not Subject to Equitable Tolling, Delaware Business Court Insider, May 2, 2012
•Author, Judge Rejects Debtor's Attempt to 'Cram Down' Secured Lender Through Artificial Impairment, Delaware Business Court Insider, April 11, 2012
•Co-author, In Rejection of Alter Ego and Other Claims, a Significant Win for Secured Lenders, Delaware Business Court Insider, August 24, 2011
•Co-author, In Key Opinions, an Answer for Answer.com, and a Greenlight for a 'Make-Whole Premium', Delaware Business Court Insider, May 4, 2011
Selected Speaking Engagements
•Moderator, Preparing for an Appeal: How to Prepare at the Trial Level to Ensure a Successful Bankruptcy Appeal, American Bankruptcy Institute: Delaware Views from the Bench, Wilmington, October 17, 2019
•Moderator, Avoiding Disaster: Navigating Ethical Issues Relating to Retention and Compensation, 35th Annual Bankruptcy & Restructuring Conference, Association of Insolvency and Restructuring Advisors, June 8, 2019
•Panelist, Alternatives to Bankruptcy, 14th Annual Advanced Restructuring & Plan of Reorganization Conference, Association of Insolvency & Restructuring Advisors (AIRA), New York, November 2, 2015
•Speaker, 22nd Annual Northeast Bankruptcy Conference, American Bankruptcy Institute, July 9-12, 2015
•Speaker, Recent Developments in Chapter 11 Practice in Wilmington, Boston Bar Association, October 2012
• Second Lien Lenders and Intercreditor Issues, PBI Bankruptcy Forum, October 2009
• Post-Confirmation Trusts, AIRA New York Symposium, September 2008
•ABI Trial Advocacy Symposium, 2003
• Creditor's Committee Strategies, PBI Business Forum, September 2002
• Fundamentals of Bankruptcy Law and Procedure in Delaware, NBI Forum, September 2001
• Acquiring Assets Through Bankruptcy, Pennsylvania Bar Institute's Business Lawyers' Institute, Philadelphia, Pennsylvania, November 10, 2000, and November 28-29, 2001
