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Eric (Rick) S. Rein Chair | Litigation Group
  • D 312.606.3227
  • F 312.267.2240
rrein@hmblaw.com
Eric (Rick) S. Rein
"For a successful recovery, the objective is to discover, freeze and seize assets. The best way to achieve this is by reversing the litigation paradigm and focusing on recovering first, not last."

Rick is a partner at HMB and Chair of the firm’s Litigation Group. He concentrates his practice on secured creditors’ rights, bankruptcy representation, loan enforcement and international litigation to recover claims and assets.

Rick regularly advises financial institutions, hedge funds, privately-held companies, bankruptcy trustees, receivers, non-bank lenders and high-net-worth individuals on a broad range of workout, restructuring and transactional matters. He helps secured creditors recover pledged collateral through Uniform Commercial Code sales and commercial mortgage foreclosures, as well as prosecute claims based on fraud, non-performing loans and intercreditor disputes. Additionally, he defends creditors against third-party claims when asserted.

Highly-regarded for his knowledge of international legal systems, Rick frequently serves as special counsel to corporations, individuals and their advisors as they navigate complex international banking and fraud matters. His pioneering status as the first U.S. Attorney to employ the Mutual Legal Assistance Treaty in Uruguay, obtain Norwich Pharmacal relief in Vancouver, British Columbia and enforce consent directives in bankruptcy court in the state of Washington make him a sought-after media expert on international asset recovery.

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Doing What’s Best for Your Business

Clients rely on Rick’s unique and expansive knowledge of international law and his business first approach to litigation. Rick focuses on what’s best for your business and what you’re trying to accomplish through litigation. Sometimes it’s best to settle, sometimes it’s best to go to trial. As an accomplished trial attorney, Rick is practical and aggressive.

Education

University of Miami, J.D.

Washington University, B.A.

Admissions

Illinois

Florida

U.S. Court of Appeals, 1st Circuit

U.S. Court of Appeals, 4th Circuit

U.S. Court of Appeals, 7th Circuit

Honors

Asset Recovery Lawyer of the Year (2014)

Professional Memberships

  • American Bar Association, Commercial & Business Litigation Committee, International Litigation Subcommittee, Co-Chair
  • American Bankruptcy Institute, Commercial Fraud Committee, Co-Chair
  • Chicago Bar Association, Member
  • International Bar Association, Member
  • Jewish Community Center of Chicago, Honorary Director
  • National Association of Bankruptcy Trustees, Member
  • National Association of Federal Equity Receivers, Member

Events

Publications

News

  • HMB Adds Four New PartnersOctober 19, 2011

    CHICAGO BUSINESS LAW FIRM HORWOOD MARCUS & BERK ADDS FOUR CORPORATE PARTNERS, SIGNIFICANTLY EXPANDS SERVICES IN BANKING, FINANCE CHICAGO, September 13, 2011 - Four highly-experienced partners have joined the Chicago business law firm of Horwood Marcus & Berk Chartered (HMB), expanding the firm's service offerings in the areas of banking, finance, securities, restructuring and bankruptcy, as well as commercial litigation. The four…

  • HMB Adds Four New PartnersOctober 19, 2011

    CHICAGO BUSINESS LAW FIRM HORWOOD MARCUS & BERK ADDS FOUR CORPORATE PARTNERS, SIGNIFICANTLY EXPANDS SERVICES IN BANKING, FINANCE CHICAGO, September 13, 2011 - Four highly-experienced partners have joined the Chicago business law firm of Horwood Marcus & Berk Chartered (HMB), expanding the firm's service offerings in the areas of banking, finance, securities, restructuring and bankruptcy, as well as commercial litigation. The four…

blog

  • Recent Circuit Court Decisions Extend The Breadth of Section 1782 U.S. Discovery in Foreign ProceedingsOctober 31, 2019

    A federal district court may order discovery under 28 U.S.C. Section 1782 “for use in a proceeding in a foreign or international tribunal” upon application by any “interested person”.

  • BVI Scales Back Stand-Alone InjunctionsJune 12, 2019

    In 2009 in Black Swan Investment ISA v. Harvest View Limited BHVC (Com) 2009/399, the court established the principle that a court can act in aid of foreign proceedings where it can be shown that there is property situated in BVI which belongs to the defendant in the foreign proceedings and which may be enforced against in the event the foreign proceedings are successful.

  • Second Circuit in Madoff Enables Trustee To Recover Under Bankruptcy Code For Fraudulent Transfers Initially Sent Offshore from the U.S.February 28, 2019

    On February 25, 2019, the Second Circuit in the Madoff liquidation decided that Sections 548 and 550 of the Bankruptcy Code can be applied extraterritorially to recover fraudulent transfers. There, offshore feeder funds were recipients of investors' fraudulent transfers and contended that U.S. fraudulent transfer law did not apply abroad. Read more here.

  • Mareva Injunctions in Aid of Foreign Proceedings in SingaporeFebruary 18, 2019

    Singapore has become a financial and business center in Asia, which means that a number of foreign companies and individuals have assets there. Until now, the question of whether a Singapore court has the power when a dispute is being litigated in a foreign court to grant a Mareva injunction, a pre-action seizure of assets, had not been clearly answered. The court in China Medical Technologies v. Wu Xiaodong (2018) SHGC 178 has now clarified the question. The answer is a resounding "yes".

  • Obtaining Jurisdiction Over a Foreign Corporation for Section 1782 Discovery is Becoming Extremely DifficultJanuary 7, 2019

    Pursuant to 28 U.S.C. Section 1782, a party may apply to conduct discovery in the U.S. for use in foreign proceedings. In a recent decision from the U.S. District Court for the Southern District of New York, In re Ruiz, 2018 U.S. Dist. Lexis 180262, the court considered whether former investors in Banco Popular could conduct discovery against Banco Santander in New York for use in foreign proceedings before the General Court of Justice of the European Union. Banco Santander is incorporated and has its principal place of business outside of New York.

Education
  • University of Miami, J.D.
  • Washington University, B.A.
Admissions
  • Illinois
  • Florida
  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 7th Circuit
500 West Madison Suite 3700
Chicago IL 60661

Phone: 312-606-3200 Fax: 312-606-3232
© Horwood Marcus & Berk Chartered 2019. All Rights Reserved.
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