Ken Rosenberg addresses litigation as strategic problem-solving to assist clients in resolving their disputes. He is recognized as a leading lawyer in corporate commercial litigation, insolvency litigation, administrative law, cross-border disputes, and mediation. Throughout his more than 35 years of practice, Ken has appeared before all levels of court, administrative tribunals, and government agencies. These include financing, shareholders and/or contractual disputes, insolvency, and regulatory disputes. Luminary insolvency and cross-border cases include Nortel, Sino-Forest, Stelco, Air Canada, Lac Mégantic, ABCP, Indalex, and Sears. Ken is routinely recognized by many different organizations and publications as leading counsel, including: Lexpert; Chambers Canada; Best Lawyers; Martindale-Hubbell; Who’s Who Legal, and others. Ken has acted as a mediator in more than 100 mediations from one-day bilateral cases to multi-month cases involving 20 or more parties. He also acts, from time to time, as an arbitrator.
On November 30, 2018, Essar Steel Algoma Inc. (“ESAI”) concluded its comprehensive restructuring under the Companies’ Creditors Arrangement Act by way of the sale of substantially all of its assets to Algoma Steel Inc. (“ASI”).
Nortel Networks Corporation (Nortel Canada) is the Canadian parent company of what was one of the largest telecommunications businesses in the world. In early 2009, formal insolvency proceedings were commenced in Canada, the United States and England, among other places. Nortel’s worldwide business was liquidated through a number of Court-approved sales of its business units and a US$4.5-billion sale of its residual patents, resulting in US$7.3 billion of global sale proceeds to be allocated amongst the Nortel debtor companies in Canada, the United States and Europe.
On June 30, 2017, Stelco Inc. (Stelco), formerly U.S. Steel Canada Inc., emerged from Companies’ Creditors Arrangements Act (CCAA) proceedings through the implementation of a CCAA plan. This involved the compromise of more than $2 billion of debt and the restructuring of approximately $2 billion of pension and benefit obligations.