Jane Rue Wittstein has more than 35 years' experience litigating at trial and appellate state, federal, and bankruptcy courts across the country. She represents both debtors and creditors in chapter 11 cases. Jane's nonbankruptcy experience is also extensive, handling commercial, securities, and product liability litigation for clients in industries including financial services, energy, pharmaceuticals, satellites, semiconductors, and automotive.
Jane's bankruptcy proceedings include MF Global Holdings Ltd., NII Holdings, Harry & David, and Davis Petroleum. As counsel to MF Global's Plan Administrator, Jane successfully challenged the constitutionality of Congress's 2018 increase of US Trustee quarterly fees (reaching a favorable settlement after the Supreme Court's decisions in Siegel v. Fitzgerald, 596 U.S. 464 (2022) and Office of United States Trustee v. John Q. Hammons, 602 U.S. 487 (2024)); obtained court-approved settlements in 2016 yielding over $150 million in distributions to creditors from former officers of MF Global and their insurers; won damages for violation of the Barton doctrine from dissenting insurers who commenced actions in Bermuda without leave of the Bankruptcy Court; and secured approval acquiring the SIPA (Securities Investor Protection Act) estate's remaining assets in 2015, with the court noting this "represents a creative and novel way to move these cases toward successful conclusions." Additional highlights include winning summary judgment and prejudgment interest for NII against AT&T in October 2020, winning a bench trial to terminate Harry & David's underfunded pension plan, and successfully defending Evercore and Davis Petroleum in various proceedings through the Fifth Circuit challenging a prepackaged bankruptcy sale.
Experiência
- April 12, 2012
PLI's Bankruptcy & Reorganizations 2012: Current Developments panel with Judge Drain on Current Jurisdictional and Procedural Issues - Stern v. Marshall and its progeny - April 14, 2011
PLI's Bankruptcy & Reorganizations: Current Developments 2011 Current Jurisdictional and Procedural Issues
- The Ohio State University (J.D. with honors 1985; Order of the Coif; Research Editor, Law Journal); Miami University (B.A. cum laude 1982)
- New York; U.S. District Courts for the Southern and Eastern Districts of New York, Southern District of Ohio, and Central District of California; U.S. Courts of Appeals for the Second, Third, and Fifth Circuits; and U.S. Supreme Court
BTI Client Service All-Star (2023)
Thomson Reuters Stand-out Talent (2021, 2022, 2023, 2024, 2025); Acritas "Star Lawyer" (2018, 2019, 2020)
Legal 500 US (2012): finance-corporate restructuring "recommended lawyer" recognized as a "leading name" in Jones Day's restructuring practice "who is praised for her ‘good street sense’ and ‘comprehensive knowledge’"