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Madison Office
33 East Main Street
Suite 900
Madison, Wisconsin 53703

Contact
(608) 283-2407
Cell: (608) 334-0275
Fax: (608) 294-4903


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  Litigation & Dispute Resolution
  Employee Benefits & Executive Compensation Law
  Commercial Bankruptcy, Restructuring and Creditors’ Rights
  Lender Liability Task Force
  ERISA Litigation
  Appellate Litigation
  Real Estate, Land Use and Condemnation Litigation
  Construction Litigation



Professional Experience
Valerie Bailey-Rihn, a partner in the Madison office, concentrates her practice in the areas of bankruptcy, business, real estate, and ERISA litigation and creditor representation/lender defense. Ms. Bailey-Rihn’s recent experience includes:
  • Multiple matters involving alleged breaches of fiduciary duty in shareholder/partner disputes in front of trial and appellate courts, including the Wisconsin Supreme Court.

  • Lender liability defense arising under Federal and State laws, including TILA, FDCPA, FCRA and the Wisconsin Consumer Act.

  • Significant experience in real estate workouts and disputes, including breach of contract, title insurance, real estate foreclosures and receivership law with several published decisions by the Wisconsin Supreme Court and the Wisconsin Court of Appeals.

  • Prosecution and defense of temporary injunction hearings regarding easements, real estate development disputes and noncompetition agreements.

  • Significant bankruptcy and receivership experience both in defending significant dollar preference claims and in litigating claims arising from the receivership.

  • Successfully defending an ethanol plant in several bankruptcy trials in connection with multimillion dollar administrative claims and executory contracts.

  • Representation of a significant stakeholder in the U.S. Airways and Kmart bankruptcies and in restructuring obligations in connection with a possible bankruptcy.

  • Several successful matters in front of the Seventh Circuit involving ERISA issues.

  • Representation of entities in cases involving the Unfair Sales Act and the Wisconsin Fair Dealership Act, including a jury trial in the District Court for the Western District of Wisconsin.

  • Successful representation of a company seeking damages in excess of several million dollars as a result of a dispute involving pharmacy network services.
In addition to trial experience in these areas, she has had several published federal and state appellate decisions including:
  • Admanco v. 700 Stanton Drive, 2010 WI 76 (2010).

  • Ash Park v. Alexander & Bishop, 2010 WI 44 (2010).

  • Polsky v. Virnich, 2009 WI 66, 318 Wis. 2d 599, 769 N.W.2d 53 (2009).

  • Restaino Bunbury & Assoc. v. Assisted Living Concepts, Appeal 2008AP2334, 321 Wis.2d 477, 774 N.W.2d 476
    (Ct. App. 2009) (unpublished).

  • Smith v. Foremost Farms, 38 Employee Benefits Cas. 1781 (E.D. Wis. 2006).

  • Fleming Companies, Inc. v. Krist Oil Co., Inc., 324 F. Supp. 2d 933 (W.D. Wis. 2004).

  • Megal Devel. Corp. V. Shadof, 286 Wis. 2d 105, N.W.2d 645 (2005).

  • Conrad’s Sentry, Inc. v. Supervalu, Inc., 357 F.Supp.2d 1086 W.D. Wis. 2005).

  • Professional Service Network Inc. v. American Alliance Holding Co., 238 F.3d 897 (7th Cir. 2001).

  • Brandon Apparel Group, Inc. v. Pearson Properties, Inc., 247 Wis.2d 521, 634 N.W.2d 544 (Ct. App. 2001).

  • Arndt v. Security Bank SSB Employee’s Pension Plan, 158 F.3d 538 (7th Cir. 1999).

  • Hennig v. Ahearn, 230 Wis. 2d 149, 601 N.W.2d 14 (Ct. App. 1999).

  • Jim Sielaff v. Matco Tools Corp., 238 Wis.2d 93, 687 N.W.2d 676 (Ct. App. 1998) (unpublished).

  • Sports Center Inc. v. Brunswick Marine, 63 F.3d 649 (7th Cir. 1995).

  • River Bank v. Fisher, 202 Wis. 2d 245, 550 N.W.2d 429 (1996).

  • In re Renew, 2009 WL 3320420 (Bkrtcy.W.D.Wis.) affirmed 2010 WL 842317 (W.D.Wis.)

  • In re Furr’s Supermarket s, Inc. , 317 B.R.423 (10th Cir. BAP 2004).

  • Hill v. Montello State Bank, 210 B.R. 1016 (E.D. Wis. 1997).
Education and Honors
  • University of Wisconsin Law School (J.D., magna cum laude, 1991)
    Wisconsin Law Review (Associate Editor). Order of the Coif. Valedictorian.
  • University of Wisconsin (B.B.A., 1984)
Bar Admissions
Wisconsin, 1991

Court Admissions
U.S. Supreme Court, 2010
U.S. Court of Appeals, 7th Circuit, 1994
U.S. District Court, Western District of Wisconsin, 1991
U.S. District Court, Eastern District of Wisconsin, 1991

Professional Recognition
Listed in The Best Lawyers in America® (2007-present: Bankruptcy and Creditor-Debtor Rights Law).

Selected for inclusion in the 2006-2011 Wisconsin Super Lawyers® lists (Business Litigation; Bankruptcy & Creditor/Debtor Rights); Top 25 Women Lawyers in Wisconsin, 2007-2010.

Certified Public Accountant, 1998.

Professional and Civic Activities
  • State Bar of Wisconsin (Member).

  • American Bar Association (Member).

  • Dane County Bar Association (Member; Treasurer, 1998-2002; Secretary, 2007-present;
    President-elect, June 2010-May 2011; President, June 2011).

  • Western District of Wisconsin Association (Member).

  • Seventh Circuit Bar Association (Member).

  • UW Women In Business Counsel (Former President, 2007).

  • Ice Age Trail Alliance, Inc. (President, 2009-present).

  • CPC (Personnel Committee)

  • Facility Certified Turnaround Professionals Forensics Workshop (2008-2010).

  • Elected a Fellow of the Wisconsin Law Foundation (2010).
Selected Presentations/Publications

Articles:

  • Bankruptcy Case Law Update, December 1, 2004 for Western District Bankruptcy Bar Association.

  • “Recent Wisconsin Decision May Impact Bank Procedures,” Wisconsin Banking, 1996.

  • “Rising Trends of Employee Defamation Lawsuits” Business Law News, 1992.

  • “Performing Due Diligence” presented for the State Bar of Wisconsin, 1991.
Presentations:
  • Lender Liability Issues, 2009 to present.

  • Bankruptcy Case Law Update, 2007.

  • Panelist, State Bar of Wisconsin Bankruptcy Update, 2006.

  • Commercial Lending Requirements and Loan Documentation in Wisconsin, for Lorman Educational Services,
    June 29, 2005.

  • “Bankruptcy: A Creditors Perspective in Wisconsin,” for Lorman Educational Services, January 19, 2005.

  • “ERISA Overview,” Highlands Wellmont Health Network Annual Employer Retreat, May 21, 2004.

  • “Enforcing Commercial Bank Loans in Wisconsin,” for Lorman Educational Services, May 11, 2004.

  • “Advanced Consumer Bankruptcy Issues in Wisconsin,” August 2002.

  • “Advanced Collection Law in Wisconsin,” February 2001 and February 2002.

  • “Hospital Lien Rights and other Consumer Collection Issues,” September 12, 2001.

  • “Fundamentals of Bankruptcy Law and Procedure,” November 6, 2001.

  • “Wisconsin Consumer Act” Seminar, 1999.