Serving Technology Companies
Swiggart & Agin, LLC

Warren E. Agin

Member

Warren E. Agin concentrates his practice in bankruptcy and insolvency, corporate law for computer start-ups, and Internet law. The author of the books Bankruptcy and Secured Lending in Cyberspace and The Best in E-commerce, Mr. Agin co-founded Swiggart & Agin, LLC in 1999. He is a graduate of Washington University School of Business (B.S.B.A. 1986) and Boston College Law School (J.D. cum laude, 1989).

Mr. Agin chaired the American Bar Association's Electronic Transactions in Bankruptcy Subcommittee (1999-2005), co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

Consumer Privacy Ombudsman Services

Warren Agin is available to serve as a Consumer Privacy Ombudsman in chapter 11 bankruptcy cases nationwide.

Experience

  • Insolvency advice and management of risks from third-party insolvencies
  • Representation of creditors, debtors and trustees in Chapter 11 and complex Chapter 7 cases, with a focus on technology issues
  • Incorporations, secured financings, and other business transactions
  • License agreements, affiliate agreements, joint venture agreements, development agreements
  • Internet liability issues, including domain name protection and DMCA compliance
  • Privacy policy issues, including COPPA, EU Directive and Gramm-Leach-Bliley compliance
  • Selected as one of the best bankruptcy lawyers in the United States by The Best of the U. S. LLC
  • Fellow, American Bar Foundation

Recent Publications and Presentations

  • Contributing Author, Internet Law for the Business Lawyer (ABA, 2001).
  • Mr. Agin edited The Best in E-commerce Law (Bowne, 2001), a compilation of the best legal articles written during prior years.
  • Bankruptcy and Secured Lending in Cyberspace, 3rd Edition (West Group 2005).
  • Author, Laying Down the Law: Supreme Court to Consider Surcharge Remedy, Norton Bankruptcy Law Adviser (West, August, 2013).
  • Author, Section 105, Chevron, and the Surcharge Remedy, 2013 Norton Annual Survey of Bankruptcy Law, 2013 Ann. Surv. of Bankr. Law 15 (Thomson Reuters, August 2013).
  • Author, A Chapter 7 Trustee's Guide to Properly Preserving Patents, NABTTalk, Pg 32 (the Journal of the National Association of Bankruptcy Trustees, Spring 2010).
  • Chair, Reorganizing in Chapter 7: Compositions, Trust Mortgages and Other Alternatives to Chapter 11, a Panel Presentation at the ABI Northeast Conference (July 10, 2010).
  • Chair, Whatís Mine, Whatís Yours: Exemptions and Property of the Estate, a Presentation at the 12th Annual Conference: New England Bankruptcy Law 2010, MCLE (October 28, 2010).
  • Contributor, SOFTWARE LICENSING: PRINCIPLES AND PRACTICAL STRATEGIES (MCLE 2010).
  • Author, Reconciling the FTC Act with the Consumer Privacy Ombudsmanís Role, American Bankruptcy Institute Journal, Vol. 29, No. 8 (October 2010).
  • Faculty, What You Need to Know When Bankruptcy Intersects Your Practice, a Program at the Suffolk Law School, Center for Advanced Studies (June 24, 2009).
  • Presenter, Licensing IP in a Distressed Economy, a Presentation at the 12th Annual Intellectual Property Law Conference 2009, MCLE, Boston, MA (June 10, 2009).
  • Author, Domain Names as Collateral: Are We All Just Kidding Ourselves?, Business Law Today, Pg 22-26 (ABA, September/October 2008).
  • Speaker, Protecting Consumer Privacy in Bankruptcy Mergers and Acquisitions, International Association of Privacy Professionals, Toronto (October 19, 2006).
  • Author, A Framework for Understanding Electronic Information Transactions, 15 Albany Law Journal of Science & Technology 277 (2005) (with Scott N. Kumis).
  • Author, The Essential Concept, The First Truth, and the Fourth Circuit's Interpretation of Section 365(c)(1) in In Re Sunterra Corporation, 2005 Annual Survey of Bankruptcy Law 361 (West 2005).
  • Author, Handling Customer Data in Bankruptcy Mergers and Acquisitions: Coping with the Consumer Privacy Ombudsman Provisions of BAPCPA, ABI Journal, Vol. XXIV, No. 6 (July/August, 2005).
  • Workouts and Bankruptcy in the E-Commerce Economy, Emerging Issues in Workouts & Bankruptcies 2004: What You Need to Know Now! (PLI, January 2004).
  • Warren Agin spoke at the Norton Bankruptcy Litigation Institute IV in Las Vegas, March 29, 2003.
  • The Nonassumable Technology License, 2003 Annual Survey of Bankruptcy Law 305 (West, 2003) and The Licensing Journal, pg 8 (September 2003).
  • Mr. Agin chaired IP and Commercial Law: Quicksand, Mirages & Oases, a program sponsored by the American Bar Association, Business Bankruptcy Committee, in Los Angeles, April 4, 2003.
  • Mr. Agin was a contributing author to Emerging Issues in Workouts & Bankruptcies 2003 (Practising Law Institute 2003).
  • Presenter, Intellectual Property Rights in Bankruptcy Cases. Lecture to students of the St. John's University School of Law LLM in Bankruptcy Program, New York, October 29, 2002.
  • The Internet Bankruptcy: What Happens When the Bell Tolls for the eCommerce Industry? 1 J. High Tech. L. 1 (2002) (download article)
  • Mr. Agin spoke at a program called Crisi e Fallimenti delle Dot.com, held by the Centro Studia Impresa in Valmadrera, Italy, October 12, 2001.
  • Presenter, Privacy and Property Concerns for Data Collections in Bankruptcy: Playing Games after Toysmart, Information: Privacy, Property and Policy, University of Maine Law School, June 7, 2001.
  • Keynote Speaker, What the Internet Means to Me: The Rise and Fall of the eCommerce Empire. Turnaround Management Association of N.E. breakfast, November 21, 2000.
  • Selling Bankruptcy Estate Assets on the Internet, Bankruptcy Strategist, Vol. 17, No. 7 (May 2000) (download article)
  • Restart.com: Identifying, Securing and Maximizing the Liquidation Value of Cyber-Assets in Bankruptcy Proceedings, American Bankruptcy Institute Law Review, Vol. 8, No. 2 (Winter 2000).
  • Panelist, The Anatomy of a Technology-Related Bankruptcy Case (.com). American Bar Association Business Section, Technology-Related Bankruptcies Subcommittee, National Conference of Bankruptcy Judges in San Francisco, October 7, 1999.
  • Warren E. Agin spoke at The Internet Changes Everything: Financing in the .com World, a program before the American Bar Association Business Section, Loan Documentation Subcommittee at the ABA Annual Meeting, Atlanta, August 8, 1999.
  • Presenter, Bankruptcy Aspects of the Uniform Electronic Transactions Act and Pending State Laws. American Bar Association Business Section, Electronic Transactions in Bankruptcy Subcommittee, October 24, 1998.
  • New Approaches to Calculating Postpetition Interest in Chapter 13 Cases, Norton Bankruptcy Law Adviser (June, 1996).
  • Worth Reading: Chapter 13 Bankruptcy, 2nd Edition, turnarounds & workouts, Vol. 9, No. 15, 1995 (book review).
  • How Lenders Can Maximize the Accrual of Postpetition, Preconfirmation Interest in Bankruptcy Proceedings; A Review of the Law in Light of the United States Supreme Court's Decision in Rake v. Wade, 13 Boston University Annual Review of Banking Law 325 (1994).
  • Protecting Pension Plans and Individual Retirement Accounts in Bankruptcy, Boston Bar Journal (July/Aug., 1991).


Contact:

Warren E. Agin, Esq.
Swiggart & Agin, LLC
197 Portland Street
Fourth Floor
Boston, MA 02114
Phone: 617.517.3203
Fax: 617.723.2830

wea@swiggartagin.com

What's New for
Warren E. Agin!

Warren Agin was selected a 2014 Super Lawyer by Thompson Reuters.

On March 3, 2014, Warren Agin was appointed the Consumer Privacy Ombudsman in In re WineCare Storage, LLC, pending in the Bankruptcy Court for the Southern District of New York.

In December 2013 Warren Agin was named a Special Advisor to the American Bar Association's Standing Committee on Membership.

Mr. Agin has been named a 2013 Massachusetts Super Lawyer.