News Archives

News

Marie F. Hogan

Marie F. Hogan is Of Counsel in the firm’s San Francisco office. She has practiced law in California for more than thirty years with a core emphasis on representing commercial banks, other depository institutions and financial service companies in connection with mortgage lending, bank operations, loan workouts, consumer law and compliance, credit and debit cards, bankruptcy and insolvency and similar matters.

Ms. Hogan has been active in the State Bar of California for many years, having served as chair of the Executive Committee of the Business Law Section in 1998 and as a member or advisor to the Executive Committee from 1994 to the present. Marie Hogan is currently also a member of the Consumer Financial Services Committee of the State Bar’s Business Law Section. Ms. Hogan was previously a member of the Uniform Commercial Code Committee where she contributed her extensive skills related to, among other areas, deposits, letters of credit and personal property leasing.

Prior to joining Joseph Law, she has held senior legal positions in some of the largest banking organizations in California including Bank of America NT & SA, The Bank of California NA, World Savings Bank and Charles Schwab Bank.
Ms. Hogan has been a member of the Board of Directors of American Bach Soloists since 2000. She also served two terms as President of the organization. American Bach Soloists perform music of the Baroque era and are known around the world for the quality of their performances and interpretation

Ms. Hogan was awarded her Juris Doctor degree from Hastings College of the Law in San Francisco. Ms. Hogan received her undergraduate degree from the School of Foreign Service at Georgetown University in Washington D.C.
Ms. Hogan is a member of the State Bar of California.

David A. Honig

David Honig, a Partner in Joseph & Cohen’s San Francisco office, has been selected by his peers for inclusion in The Best Lawyers in America® 2013 in the field of Litigation – Bankruptcy.  He has specialized for over twenty years in business restructuring, insolvency, corporate finance, and related transactions and litigation.  He is known for his ability to create practical, business-oriented solutions to complex legal and financial problems.

Mr. Honig represents debtors, institutional and non-traditional lenders, trustees, receivers, official creditors’ committees, private equity funds, vendors, licensors, real and personal property lessors, and asset purchasers in bankruptcy, receivership, and other restructuring and workout matters in and out of court. He has extensive experience in the reorganization of distressed financial services businesses, vineyards and wineries, and other food and beverage companies, as well as manufacturing, technology, telecommunications, retail, and real estate investment concerns.

In addition to his out-of-court engagements, Mr. Honig has served as lead or special counsel to clients in many prominent controversies, including:

  • Cisco Systems and Cisco Systems Capital Corporation in customer and channel partner bankruptcy cases throughout the United States, including the Chapter 11 cases of MCI WorldCom, At Home Corporation (Excite@Home), Global Crossing, Exodus Communications, ICG Communications, PSINet, Rhythms NetConnections, NorthPoint Communications Group, and Winstar, Inc., aggregating over $2 billion in distressed assets;
  • EMC Corporation, a leading manufacturer of mass storage devices, in distressed customer and supplier matters nationally;
  • The Chapter 11 Trustee in the bankruptcy cases of Food Service Management, Inc., et al., franchisee-operator of 70 Jack in the Box restaurants in California;
  • The Official Committee of Unsecured Creditors in the Chapter 11 case of The Legacy Estate Group LLC, producer of luxury and ultra-premium wines under the Arrowood, Freemark Abbey, and Byron labels;
  • The Official Committee of Unsecured Creditors in the Chapter 11 case of Red Envelope, Inc., operator of a leading gift merchandise website;
  • The Chapter 11 Trustee in the bankruptcy cases of SK Foods, L.P., and RHM Industrial/Specialty Foods, Inc., one of the largest tomato processors in the nation;
  • The debtor in the Chapter 11 case of Pacific Education Foundation, a non-profit public benefit corporation;
  • Institutional lenders in bankruptcy matters, including the Chapter 11 case of a regional retailer in which he won a declaratory relief action to enforce payoff of his client’s entire secured claim despite the debtor’s assertions of preference and lender liability;
  • Non-traditional investors and license parties in cross-border technology cases, including several software provider bankruptcies in which Mr. Honig’s creative litigation approach allowed his clients to preserve their rights arising from acquisitions of source code and related products and services.

Prior to joining Joseph & Cohen, Mr. Honig was a partner in the restructuring and insolvency practice group of Winston & Strawn LLP (2003-April, 2013), after having been an associate and then a partner at Murphy Sheneman Julian & Rogers (previously known as Murphy Weir & Butler), a nationally recognized bankruptcy and restructuring boutique based in San Francisco (1992-2003).

Mr. Honig received a B.A. in English, magna cum laude, in 1984 from the University of Oregon (Clark Honors College), where he was elected to Phi Beta Kappa.  After working in commercial real estate and securities brokerage, he earned a J.D. from the University of Chicago Law School in 1991, and then served as law clerk to Justice Charles L. Levin of the Michigan Supreme Court.  Mr. Honig has been a member of the State Bar of California since 1992 and is admitted to practice before the California Supreme Court and the Northern District, Eastern District, Central District, and Southern District Courts of California.

Mr. Honig frequently appears on panels, and is the author or co-author of numerous articles, addressing corporate governance, business finance, corporate and municipal insolvency, and related intellectual property matters. He is also co-author of Desktop Communications (John Wiley & Sons, 1990), a business handbook on data communications and networking.  He is a member of the Business Law Section of the State Bar of California, a former member of its Insolvency Law Committee, and former chair of its Education Committee.  From 2004 through 2012, Mr. Honig served on the Board of Directors of The Legal Aid Society – Employment Law Center, which has protected the legal rights of low-income members of the Bay Area community since 1915.

Kenneth Sayre-Peterson

Kenneth Sayre-Peterson is a Partner of Joseph & Cohen with a focus on banking regulation, credit unions, money transmitters, securities, trust and bank enforcement matters. He joined Joseph & Cohen in 2012 following his retirement from the California Department of Financial Institutions (DFI), where he served in various legal capacities during a twenty-two year career.

Mr. Sayre-Peterson acted as the General Counsel for the California Department of Financial Institutions from June 2007 until his retirement in November 2011. He was responsible for assisting the DFI’s Legislative Section and spearheaded a four year project culminating in the restatement of California’s Banking Law which was codified as part of the California Financial Code in January 2012. As part of this project, he drafted substantially all of relevant the enabling legislation.

Throughout his DFI career, Mr. Sayre-Peterson practiced general financial institutions law which resulted in an intimate knowledge of state and federal banking law, credit unions, regulatory and enforcement issues, money transmitter matters, securities and trust laws, as well as the corresponding federal laws. In this capacity, He played a significant role in many troubled bank resolutions and worked closely with senior regulatory staff at the Federal Deposit Insurance Corporation and the Federal Reserve Bank. While serving as the DFI’s General Counsel, he influenced the Department’s policy making process including the direction and scope of its examination and enforcement programs.

Mr. Sayre-Peterson is a member of the Consumer Financial Services Committee of the State Bar of California’s Business Law Section. He has been a featured speaker and panelist at numerous legal and banking seminars throughout his career including the Western Independent Bankers Association, the Bankers Compliance Group, the California Bankers Association, the Conference of State Bank Supervisors and the California Credit Union League. As the lead DFI attorney, he was an advisory member of the Financial Institutions Committee of the State Bar of California’s Business Law Section. Prior to joining the DFI in 1988, he worked as staff tax counsel for four years with the California State Board of Equalization. Before entering state service, he specialized in appellate work and lobbying while in private practice in Sacramento.

Mr. Sayre Peterson has been a member of the State Bar of California since 1983 following graduation, with distinction, from McGeorge School of Law, Sacramento. He earned a Bachelor of Arts degree in History from California Polytechnic State University, San Luis Obispo, 1977.

Jonathan M. Cohen

Jonathan Cohen is a Partner of Joseph & Cohen. He concentrates his practice on complex business litigation as well as pre-dispute counseling. His practice includes executive compensation negotiations and employment law, including wrongful termination litigation, harassment, retaliation and discrimination.  He is a skilled trial lawyer with experience in class actions, complex commercial disputes, insurance coverage, real estate, product liability, securities, commodities and derivative class action litigation.

He has represented clients in California, other states and federal courts, in addition to domestic and international arbitrations and mediations. His published decisions include Samuel v. ADVO, Inc., 155 Cal.App.4th 1099 (1st Dist. 2007). Prior to joining the firm, Mr. Cohen was a litigation partner in the San Francisco office of Winston & Strawn LLP and a member of that firm’s highly rated national litigation practice group.  He is a frequent speaker and has published articles that address issues of trial practice, employment law, and loss prevention. Mr. Cohen was awarded his Juris Doctor degree from the University of California, Hastings School of Law, in 1993. He received a BA from Washington University in St. Louis, Missouri in 1990.

He is a member of the State Bar of California and admitted to practice before the California Supreme Court and Central District, Eastern District and Northern District Courts of California. Mr. Cohen’s representative matters include:

  • Defending a public company in a class action brought under the California Unfair Competition Law alleging elimination of exempt status through violations of California wage and hour law
  • Negotiating the executive employment contract for the CEO of a Fortune 50 Company and other large public companies
  • Representing an executive in claims of breach of his employment agreement as a result of alleged stock option backdating
  • Resolving a disability discrimination claim against one of the nation’s leading home builders
  • Defending clients in administrative actions before governmental agencies, including the California Department of Labor, Cal-OSHA, the California Department of Fair Employment and Housing and the United States Department of Labor
  • Defending a major plumbing supply company in multiple cases involving product liability claims
  • Prevailing on behalf of a small business in a professional negligence claim against its insurance broker as a result of failure to obtain “tail coverage”
  • Defending a public company in a class action brought by shareholders as a result of a “going-private” transaction
  • Representing a voice-over IP company in licensing matters and related litigation
  • Representing tenants and landlords in commercial leasing and related litigation including unlawful detainer actions
  • Handling negotiated departure and employment agreements for C level executives at public companies
  • Pursuit of multiple cases on behalf of a financial institution due to breaches of loan covenants including retrieval of a film produced with misappropriated  funds

Jonathan D. Joseph

Jonathan Joseph is the firm’s Managing Partner and an AV® peer review rated attorney with over thirty-four years of experience representing banks and other depository institutions with their most complex business and legal imperatives such as mergers and acquisitions, regulatory and enforcement matters, corporate governance, board, audit and compensation matters, raising capital, investigations, strategic  planning and       D & O insurance coverage and indemnification.   He is well known in the financial services industry for his creativity, skill and judgment and relentless determination to achieve the objectives of his clients.

Mr. Joseph also represents other financial services clients with a focus on credit unions, e-commerce, investment bankers, money transmitters, private equity firms, public companies and venture capital firms. He often acts as lead or special counsel for bankers, fund managers and other financial services clients in connection with bank acquisitions and divestitures, equity investments in early stage and mezzanine companies, cross-border transactions, public offerings, securities and disclosure issues, as well as federal and state bank regulatory and enforcement matters involving the federal banking agencies and California Department of Financial Institutions.

A core specialty involves advising directors and officers of troubled and failed banks and defending litigation and enforcement claims brought by federal banking agencies.  Some of the more prominent bank failure cases in which Mr. Joseph has been involved include:

  • Settling negligence and breach of fiduciary duty claims brought by the Federal Deposit Insurance Corporation against the five most senior officers of County Bank in FDIC as Receiver for County Bank vs. Hawker, et al., (E.D. CA 2012);
  • Representing the outside directors of a failed state chartered bank headquartered in California;
  • Defending an officer of the failed United Commercial Bank (San Francisco) in connection with a criminal investigation by the United States Department of Justice and a lifetime banking industry ban instituted by the FDIC;
  • Favorably resolving a proposed civil money penalty enforcement action proposed against an executive officer by the FDIC as receiver for a failed state chartered  bank;
  • Favorably resolving potential civil claims prior to institution of civil damage or enforcement actions by the Officer of Thrift Supervision and its successor, the Comptroller of the Currency;
  • Representing a group of outside directors of a failed state chartered bank in a mediation before a retired Judge prior to the institution of a civil damage action by the FDIC; and
  • Favorably settling bankruptcy and indemnification claims in the Chapter 11 reorganization case of In re: Capital Corp of the West, (U.S Bk. Ct., E.D.CA. – Fresno Division, 2012).

Mr. Joseph is a member of the Financial Institutions Committee of the State Bar of California’s Business Law Section (2009 – present) and currently serves as its Co-Vice Chair. He is the Chairman-elect beginning in October 2013 and previously served on the Financial Institutions Committee from 1988 to 1991.  He is a member of the State Bar of California, the District of Columbia Bar, State Bar of New York and the American Bar Association.

Mr. Joseph’s past law firm experience includes:

  • Partner at K & L Gates LLP (previously known as Kirkpatrick & Lockhart Nicholson Graham LLP) in the Corporate and Investment Management Group in San Francisco (2003-2006).
  • Partner at Pillsbury Winthrop Shaw Pittman LLP (previously known as Pillsbury Madison & Sutro LLP) in the Corporate Securities and Financial Institutions Group in San Francisco (1990-2003).
  • Associate and then Partner at Rosen Wachtell & Gilbert, P.C. in Los Angeles and San Francisco (1979-1990).

Mr. Joseph earned his Juris Doctor degree from the Washington University School of Law in St. Louis, Missouri in 1979, where he interned for F. Hodge O’Neal, the George Alexander Madill Professor of Corporate Law, and was a contributing writer of the 1979 Supplement to Professor O’Neal’s seminal work: “Squeeze-Outs” of Minority Shareholders: Expulsion or Oppression of Business Associates, Chicago: Callaghan, c1975.

Mr. Joseph has been a frequent lecturer and writer on subjects relating to banking and financial institutions, money transmission, corporate law, Dodd-Frank Act, mergers and acquisitions and venture capital.  His professional interests also extend into the arts, serving as an art dealer in San Francisco for five years specializing in postmodern art and photography. He was a trustee of the American Conservatory Theater Foundation (A.C.T.) for six years and also served on its executive committee.