Ryan Cochran is a partner at Waller Lansden and practices in the areas of corporate restructuring and construction law.
Mr. Cochran represents banks, financial institutions and specialty lenders in both the restructuring of and in litigation related to their nonperforming loans. Mr. Cochran routinely represents clients who seek to enforce their contractual remedies in bankruptcy court and has significant experience in bankruptcy related litigation.
Mr. Cochran’s involvement in the area of Construction Law includes representing owners in construction-related dispute resolution and the negotiation of construction-related agreements. Mr. Cochran participates in the American Bar Association’s Forum on the Construction Industry where he is a member of the Forum’s division associated with owners and construction lenders. As a participant in the Forum on the Construction Industry he served as a program coordinator at the ABA Construction Forum’s Fall 2010 Program in Miami, Florida, “We Won’t Get Fooled Again: Lessons Learned From The Economic Downturn.”
Representative Experience
Represented the Indenture Trustee in the Circuit Court of Jefferson County, Alabama, in connection with litigation against Jefferson County, Alabama, related to defaults of more than $3,200,000,000 in pledged revenue bonds issued to fund capital improvements to Jefferson County’s sewer system. The litigation against Jefferson County resulted in a $512,000,000 judgment against Jefferson County and the appointment of a receiver to control the County’s sewer system.
Represented investors who were victims of securities fraud related to their purchase of interests in oil and gas partnerships in the United States Bankruptcy Court for the Western District of Kentucky. After a trial of a contested motion for the appointment of a Chapter 11 Trustee the litigation against the Debtor resulted in the appointment of a Chapter 11 Trustee over the general partner of the oil and gas partnerships.
Represented over 100 investors who were victims of securities fraud related to their purchase of interests in oil and gas partnerships in both the United States District Court and United States Bankruptcy Court for the Western District of Kentucky in obtaining a $18,200,000 judgment against the issuers of the securities, a receiver over the general partner that managed the partnerships and the numerous issuing partnerships, and in purchasing the assets of the oil and gas partnerships at a judicial sale conducted by the receiver.
Represented national healthcare provider in developing a suite of custom design and construction agreements for both the design-bid-build and design-build delivery methods.
Represented investors who unknowingly invested in what was later found to be a ponzi scheme in the United States Bankruptcy Court for the Middle District of Tennessee in defending an Adversary Proceeding brought by the Chapter 7 Trustee for the bankruptcy estate of the perpetrator of the ponzi scheme to avoid as fraudulent transfers and preferences the investors’ returns from the ponzi scheme. The litigation was concluded at a multi-party mediation that included the Trustee and numerous investors. The ponzi scheme captured over $40,000,000 in investors’ funds and was featured in Episode 41 of CNBC’s “American Greed.”
Represented healthcare facility owner in arbitration of a payment and delay dispute with general contractor seeking in excess of $1,000,000 related to the construction of a healthcare facility in Texas. The litigation resulted in a favorable settlement.
Represented mass tort lawyers in the United States Bankruptcy Court for the Northern District of Alabama, Middle District of Alabama and Southern District of Alabama who were sued by multiple Chapter 7 and Chapter 13 Standing Trustees representing over 200 bankruptcy estates for turnover of alleged estate assets, alleged violation of the automatic stay for exercising control over estate property, allegedly accepting settlements on behalf of their clients who were in bankruptcy and disbursing attorneys’ fees without court approval. The litigation resulted in a favorable settlement.
Selected Publications
Contributing Author “5 Keys to a Successful Receivership,” Corporate Trust Quarterly written by Waller Lansden Dortch & Davis, LLP, Vol. 22, Summer 2011
Contributing Author, “Construction Insurance, A Guide for Attorneys and Other Professionals,” American Bar Association, Forum on the Construction Industry (Stephen D. Palley et al. eds., 2011)
Contributing Author, “Owner’s Field Guide to Risk Transfer Provisions in Modern Day Design and Construction Contracts,” International Municipal Lawyers Association, October 2010
Contributing Author, “Antitrust Concerns May Block Section 363 Sales,” Journal of Corporate Renewal, May 2009
Selected Speaking Engagements
International Municipal Lawyers Association, "Your Construction Project is at Death's Door! Practical Strategies to Avoid a Date with the Devil, " Chicago, Illinois, September 2011
Greater Nashville Regional Counsel, “Four Ways Local Municipalities Invite Disaster (or Murphy) to their Construction Projects,” Nashville, Tennessee, May 2011
Regional bank client’s Public Institutional and Non-Profit Banking Group, “Opportunities Presented by Distressed Municipalities,” Teleconference, April 2011
Turnaround Management Association, Tennessee Chapter, “Distressed State and Local Governments: Finding Solutions in Today’s Environment,” Nashville, Tennessee, April 2011
International Municipal Lawyers Association, “Making Your Contracts Work For You and Avoiding the Pitfalls of the Construction Process,” New Orleans, Louisiana, October 2010
Tennessee Municipal Attorneys Association, “Modern Design and Construction for Tennessee Municipal Governments,” Murfreesboro, Tennessee, February 2010
Tennessee City Management Association, “Modern Design and Construction for Tennessee Municipal Governments,” Chattanooga, Tennessee, October 2009
Professional Activities
Member, Alabama, Tennessee and American Bar Associations
Member, American Bar Association’s Forum on the Construction Industry
Member, Division 12-Owners and Lenders of the ABA Forum on the Construction Industry
Member, Tennessee Association of Construction Counsel
LEED Accredited Professional (AP)
Member, American Bankruptcy Institute, Bankruptcy Litigation Section
Member, Turnaround Management Association
Participant, National Institute of Trial Advocacy Trial Skills Program
Member Projects Committee, Land Trust for Tennessee
Court Admissions
Supreme Court of Alabama
Supreme Court of Tennessee
United States Court of Appeals for the Sixth and Eleventh Circuits
Education
J.D., magna cum laude, Cumberland School of Law at Samford University, 2000
Member, Curia Honoris, academic honor society
Editor in Chief, Cumberland Law Review
B.S., Auburn University, 1997
Clerkships and Previous Affiliations
Law Clerk to the Honorable Sharon Lovelace Blackburn, United States District Court for the Northern District of Alabama
Externship to the Honorable Tamara O. Mitchell, United States Bankruptcy Court for the Northern District of Alabama
Associate, Walston Wells Anderson & Birchall, LLP, Birmingham, Alabama
