Warren E. Agin
Warren E. Agin concentrates his practice in bankruptcy and insolvency, technology and Internet law, and application of math and economics to business and commercial 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., Minor in Economics, 1986) and Boston College Law School (J.D. cum laude, 1989).
Mr. Agin is a member of the Behavioral Science and Policy Association and founding chair of the American Bar Association's Legal Analytics Joint Working Group. Formerly, he 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.
- Insolvency advice and management of risks from third-party insolvencies
- Application of math and economics techniques in negotiations, conflict resolution, and other business law applications.
- 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
- Selected as one of the best bankruptcy lawyers in the United States by The Best of the U. S. LLC
- Selected as a Massachusetts SuperLawyer for 2008, 2009, 2013, 2014 and 2015
- Fellow, American Bar Foundation
- Business Metrics for Data-Driven Companies, Duke University
Recent Publications and Presentations
- Bankruptcy and Secured Lending in Cyberspace, 3rd Edition (West Group 2005).
- Mr. Agin edited The Best in E-commerce Law (Bowne, 2001), a compilation of the best legal articles written during prior years.
- Contributing Author, Internet Law for the Business Lawyer (ABA, 2001).
- 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, Laying Down the Law: Supreme Court to Consider Surcharge Remedy, Norton Bankruptcy Law Adviser (West, 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, 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).
- 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).
- 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).
- Presenter, Licensing IP in a Distressed Economy, a Presentation at the 12th Annual Intellectual Property Law Conference 2009, MCLE, Boston, MA (June 10, 2009).
- 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).
- 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, 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).
- 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, A Framework for Understanding Electronic Information Transactions, 15 Albany Law Journal of Science & Technology 277 (2005) (with Scott N. Kumis).
- 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.
- 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.
- The Nonassumable Technology License, 2003 Annual Survey of Bankruptcy Law 305 (West, 2003) and The Licensing Journal, pg 8 (September 2003).
- Mr. Agin was a contributing author to Emerging Issues in Workouts & Bankruptcies 2003 (Practising Law Institute 2003).
- The Internet Bankruptcy: What Happens When the Bell Tolls for the eCommerce Industry? 1 J. High Tech. L. 1 (2002) (download article)
- 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.
- 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.
- 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.
- Selling Bankruptcy Estate Assets on the Internet, Bankruptcy Strategist, Vol. 17, No. 7 (May 2000) (download article)
- 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.
- 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).
- 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.
- 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.
- 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).