Roberts steve web

Stephen A. Roberts

Member
Office

Austin

720 Brazos Street
Suite 700
Austin, TX 78701
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Fax: 512.536.5723
Education
J.D., cum laude, University of Houston Law Center, Houston, Texas, 1982
B.A., University of Oklahoma Norman Campus, Norman, Oklahoma, 1976
State Bar Licenses
Texas
Court Admissions
U.S. Court of Appeals, 5th Circuit
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., E.D. of Texas
U.S. District Ct., W.D. of Texas

Stephen A. Roberts

Member

Stephen A. Roberts has spent over thirty years helping businesses and their owners troubleshoot their legal problems, whether those problems involve a single deal going sideways or an entire business going astray. As a regular advisor to creditors, trustees, lenders, creditors' committees, and acquirers, Steve deploys various legal solutions including negotiation, mediation, arbitration, litigation, reorganization, liquidation, and acquisition. Distressed businesses often have a legacy of undetected or unsolved legal issues that can impede or doom the prospects of recovery. Steve advises clients in addressing a wide array of legal issues, such as;

  • organizational and management structure
  • fiduciary duty obligations
  • sales and acquisitions
  • contracts
  • torts
  • fraudulent transfers
  • voidable preferences
  • property rights
  • compensation and employment
  • regulatory compliance
  • antitrust
  • intellectual property
  • insurance
  • environmental risks
  • immigration rules
  • health care

Drawing on this practical experience, Steve devotes a portion of his practice to provide general legal counsel and advice to healthy businesses in an effort to help them prevent legal problems and avoid business failures, typically at a fraction of the cost of litigating unresolved issues later. He regularly advises clients in numerous industries, including energy, technology, real estate, telecommunications, manufacturing, health care, wholesale, retail, financial, aviation, and construction. Steve employs his individualized approach to corporate strategy to counsel start-up companies, particularly in the art of avoiding pitfalls created by poor legal planning. He also serves as the client management partner for a growing mid-market technology hardware company with international operations, coordinating the wide array of legal services provided by the firms specialists in corporate, intellectual property, and international law. Steve has been Board Certified in Business Bankruptcy Law by the Texas Board of Legal Specialization for over 20 years. He also serves as Chair of Strasburger's Technology Committee.

EXPERIENCE In addition to providing general legal counsel to a wide variety of both successful and distressed businesses, Steve has served as lead counsel for major players in workouts, reorganizations and bankruptcy cases, including the following:

  • Represented receivers, obtained appointment of receivers, and served as a receiver in Texas courts
  • Represented a non-profit corporation in its successful effort to save its hospital in a rural north Texas community by guiding it through a Chapter 11 bidding and sale process
  • Represented a multi-corporate medical practice in the restructuring of its business enterprise to provide increased protection for the doctors and to enable the growth of the practice
  • Represented the principal who had sold his executive compensation and benefits business in a highly leveraged buyout when the business subsequently failed
  • Represented retail debtor inæChapter 11 in a large indoor shopping mall in Houston
  • Represented a large volume furniture retailer in a Chapter 11 in El Paso
  • Represented a major developer in litigation over right and title to a major real estate parcel in downtown Austin
  • Represented party acquiring assets of distressed telecommunication company outside of bankruptcy proceedings
  • Served as Special Counsel to Trustee retained to investigate and unravel a significant Texas real estate Ponzi scheme
  • Represented inventors of GPS golf cart technology in contested valuation of patents sold under bankruptcy plan in Florida bankruptcy court
  • Advised board of directors regarding fiduciary issues in windup of insolvent bank holding company
  • Represented a shipowner and customer of Mobile shipyard in involuntary bankruptcy proceeding
  • Represented patent owners in protecting license rights in licensees' bankruptcy proceedings
  • Represented several marine transportation companies as creditors of bankrupt customers, addressing issues arising out reclamation and administrative claims, executory contracts, voidable preferences, and asset purchases
  • Represented general contractors and subcontractors in refinery and chemical plant bankruptcies
  • Represented D&O Insurer in insured organization's bankruptcy proceeding
  • Represented Debtors and other parties in real estate cases involving master planned communities, major shopping centers, and residential, retail and commercial development and construction
  • Represented Debtor in Chapter 11 of FAA certified general aviation engine and parts distributor owned by company in German insolvency proceeding, which resulted in successful sale of the company to international buyer
  • Represented Debtor in Chapter 11 of a publicly-traded drilling company, resulting in the successful acquisition of the company
  • Represented Creditors' Committee in Chapter 11s of Texas drilling companies
  • Represented oil field service companies in enforcing mineral lien rights against insolvent customers
  • Represented surety in U.S. ancillary proceeding in German insolvency proceeding
  • Represented lenders in international workout of computer equipment lessor in Mexico
  • Represented buyer of assets of medical imaging company under Chapter 11 plan
  • Represented Creditors' Committee in the Chapter 11 of an internet retailer, negotiating substantial reduction in secured creditors' claim, setting up liquidating trust, and recovering funds from directors and officers for breach of fiduciary duty
  • Represented judgment creditor in Chapter 11 of closely held steel fabrication company, ousting management and obtaining appointment of trustee, and implementing hostile takeover through creditors' plan
  • Represented Debtor in Chapter 11 of volume furniture retailer, resulting in successful reorganization
  • Represented Trustee in recovering fraudulently transferred biotechnology from insiders for benefit of bankruptcy estate and creditors

Presentations

  • Perils of Cash Management Systems in Insolvent Multi-Corporate Enterprises, San Antonio CPA Society (May 2014)
  • Individual Chapter 11 Cases: A Comparison with Chapter 13 and Pre-2005 Chapter 11 Cases, First South Texas Bench/Bar Conference on Small Business and Consumer Bankruptcy (April-May 2009)

Publications

Awards/Achievements
Named among Best Lawyers in America - Bankruptcy and Creditor Debtor Right/Insolvency and Reorganization Law by Best Lawyers (1995-2018)
Named a Texas Super Lawyer by Thomson Reuters (2003-2017)
Named Austin Lawyer of the Year in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law by Best Lawyers (2011)
Membership
Austin Bar Association, Director (1999-2003), President, Bankruptcy Section (1999-2000), Officer, Bankruptcy Section┬ż(1997-2001)
American Bankruptcy Institute, Member
Downtown Austin Alliance, Executive Committee of the Board, Member, Safety and Security Committee, Chair
Western District of Texas Bankruptcy Bar Association, President (2010-2012)
Bankruptcy Bench Bar Conference for the Western District of Texas, Planning Committee Chair (2012), Planning Committee Member (2000)
State Bar of Texas Advanced Business Bankruptcy Conference, Planning Committee Member (2004)
U.S. Bankruptcy Court, Western District of Texas, Austin Division,, Court Liaison Committee (1999-2000)