Zachary H. Hemenway

Experience

• Represents clients in litigated matters within bankruptcy, including representation of the debtor in adversary proceedings within the largest Chapter 11 case ever filed in the District of Kansas, representation of secured and unsecured creditors, and representation of multiple unsecured creditors' committees in cases around the country.
• Represents clients in purchasing distressed assets within and outside the civil and bankruptcy courts.
• Represents secured lenders in complex receivership cases across five states.
• As co-lead counsel for unsecured creditors' committee in In re Wellpath Holdings (S.D.Tex), helped clients achieve recovery Court called an "unprecedented result."
• Served as co-lead counsel to Flora Food Group in its acquisition of a Kansas-based manufacturing facility out of receivership and facilitating the reopening of the plant and expansion of production.
• Zach and Nick Zluticky successfully convinced the Tenth Circuit Court of Appeals to hold that a portion of the U.S. Bankruptcy Code is unconstitutional and order a multi-million dollar refund of statutory U.S. Trustee's fees to their client. Despite only one other Circuit having adopting this constitutional argument, the Supreme Court agreed in a unanimous decision the portion of the code was unconstitutional. In re John Q. Hammons Fall 2006, LLC, 15 F. 4th 1011 (10th Cir. 2021); Siegel v. Fitzgerald, 596 U.S. __ (2022).
• Zach argues complex discovery issues in federal and state court, including proceedings relating to forensic examination, corporate representative testimony, discovery scope, proportionality, spoliation, and technology-assisted review.
• Represented client in appeal to Missouri Supreme Court regarding constitutionality of the Missouri Commercial Receivership Act, RSMo 515.500.
• Represented clients in wide range of internal and government investigations, including grand jury subpoenas, agency investigations, internal allegations, and matters involving theft and potential theft of trade secrets.
• Served as lead e-Discovery counsel and designated ESI liaison in complex antitrust and class-action matters, including negotiation of ESI Protocols and Protective Orders with extensive, bleeding-edge terms related to production, collection scope, privilege assertions, and Technology-Assisted Review (TAR) processes.

Professional & Civic Activities