Jessica G. McKinlay
PEOPLE

Jessica G. McKinlay

Of Counsel
mckinlay.jessica@dorsey.com

Overview

JESSICA REPRESENTS BUSINESSES IN ALL ASPECTS OF FINANCING, ACQUISITION, LENDING, RESTRUCTURING, BANKRUPTCY, CORPORATE FORMATION, AND COMPLEX COMMERCIAL LITIGATION.

Jessica focuses her representation on businesses in financial trouble, lenders seeking payment from defaulted loans or other business ventures, trustees in fiduciary capacities, and other parties involved in bankruptcy, workouts, loan modifications, or court disputes. She assists creditors, debtors, trustees, and other-third parties in bankruptcy court and in all state and federal litigation.

Jessica also assists emerging companies with venture capital and private equity financings, mergers and acquisitions, litigation, and general business operations including resolutions, agreements, and warrants.

Jessica is licensed to practice in all federal and state courts in California, Utah, and Nevada, and has appeared in multiple bankruptcy cases, federal district court litigation, state litigation, California division of labor standards enforcement proceedings, and the Ninth and Tenth Circuit Courts of Appeals. Her litigation experience includes recovery of fraudulent and preferential transfers, breach of contract, breach of fiduciary duty, usurping corporate opportunity, trade secret and proprietary information misappropriation, antitrust violations, non-competition and employment agreements, torts, and personal injury.

Education & Admissions

University of Utah, S. J. Quinney College of Law (J.D., 2006), Utah Law Review, Staff Editor / Moot Court Semi-Finalist

University of Utah (M.B.A., 2006)

University of Utah (B.S., Business Administration, 2003), magna cum laude, Service-Learning Scholar, Outstanding Senior

Admissions

  • California
  • Nevada
  • Utah
  • U.S. Courts of Appeals for the Ninth and Tenth Circuits
  • U.S. District Courts for the Northern District of California, Central District of California, Eastern District of California, Southern District of California, District of Nevada, and District of Utah

Clerkships

  • Utah Supreme Court, Chief Justice Christine M. Durham, 2008-2009

Experience

Bankruptcy Alternatives Experience 
  • Assignees in Assignments for the Benefit of Creditors in connection with the recovery and sale of assets and distribution of proceeds to creditors
  • Corporations in Assignments for the Benefit of Creditors in connection with the creation of the General Assignment, transfer of assets to Assignee, and wind down of Corporation’s affairs
  • Companies in out-of-court workouts resulting in sales of their assets, settlements with their creditors and wind down of their affairs
  • Creditors in Assignments for the Benefit of Creditors and out-of-court workouts
Bankruptcy Experience
  • Debtors in all aspects of Chapter 7 and Chapter 11
  • Creditors in all aspects of Chapter 7, 11, and 13
  • Trustees in all aspects of Chapter 7, 11, 12, and 15
  • Prosecuted over 136 adversary proceedings for avoidable transfers on behalf of Chapter 7 Trustee in real estate Ponzi scheme bankruptcy case 
  • Represented Chapter 11 Trustee in conversion of case to Chapter 7 and recovery of assets for creditors, including denial of discharge for debtor’s principals
  • Conducted multiple meetings of creditors and depositions on behalf of Trustees
  • Foreclosed on real and personal property assets 
  • Represented Chapter 7 Trustees in denying debtors’ discharges
  • Represented debtors in depositions before United States Trustees’ Office
  • Represented interested parties seeking relief from the automatic stay
  • Prosecuted claims on behalf of Creditors and objected to claims on behalf of Trustees
  • Represented creditors objecting to plans in Chapter 11 and Chapter 13
  • Represented creditors objecting to dischargeability of debt in Chapter 7 
  • Represented Chapter 12 Trustee in plan confirmation
Corporate Experience
  • Clients in multiple private equity financings, acquisitions, sales, and governance
  • Represented client in major acquisition of competitor’s business
  • Represented corporation in complex multi-million dollar financial transaction involving private equity and credit
  • Represented corporation undertaking initial public offering
Litigation Experience
  • Clients in state and federal court
  • Defended multiple companies and owners in multi-million dollar breach of contract and misappropriation of trade secrets litigation in Utah Federal District Court
  • Drafted appellate briefs before the Ninth Circuit Court of Appeals, the Tenth Circuit Court of Appeals, and the Utah Supreme Court
  • Represented plaintiffs and defendants in multiple breach of contract cases in California Superior Court
  • Represented plaintiffs in multiple antitrust lawsuits
  • Represented alleged employers before the California Division of Labor

News & Resources

Articles

Special Masters, Receivers, and the Duty to Marshal Evidence, 19 JUN UTAH B.J. 18
Note, Prohibition of Public Funding for Abortion, 2005 UTAH L. REV. 372
An Analysis of Student Involvement, Improving Student Success, UNIVERSITY OF UTAH

News & Press Mentions

Super Lawyers Recognizes Dorsey Lawyers in Palo Alto
Dorsey Wins 12th Annual M&A Advisor Turnaround Award
Super Lawyers Recognizes Four Dorsey Lawyers in Palo Alto
Dorsey Of Counsel Jessica McKinlay Named Volunteer of the Month
Coming and Going Concerns
Dorsey Adds Bankruptcy Attorney McKinlay in Palo Alto
Dorsey & Whitney Adds Bankruptcy Pro To Palo Alto Office

Select Presentations

  • “Good Billing Practices,” United States Trustee’s Office and Panel Trustees, May 19, 2014, Salt Lake City, Utah.
  • “Bankruptcy Basics for the Non-Bankruptcy Lawyer,” Utah State Bar Spring Convention, March 15, 2013, St. George, Utah.
  • “The Open-Pit Copper Mine: Bringing Value to the Surface—Effectively Trying Contested Matters,” American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, January 24-25, 2013, Denver, Colorado.
  • “Stern v. Marshall: Addressing Jurisdictional Questions in Adversary Proceedings,” United States Trustee’s Office and Panel Trustees, September 24, 2012, Salt Lake City, Utah.
  • “Bankruptcy Law & Creditor Rights,” Women Lawyers of Utah, September 11, 2012, Salt Lake City, Utah.
  • “Bankruptcy Aspects of Landlord Tenant Law,” Lorman CLE, August 3, 2012, Salt Lake City, Utah.

Industries & Practices

  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Development & Infrastructure
  • Technology

Professional & Civic

Professional Achievements

  • American Bankruptcy Institute
  • Membership Chair of Northern California Network, International Women’s Insolvency and Restructuring Confederation (IWIRC)
  • Turnaround Management Association
  • Bay Area Bankruptcy Forum
  • Congressman Don Edwards American Inn of Court
  • Former David K. Watkiss - Sutherland II American Inn of Court
  • Former Utah Bankruptcy Lawyers Forum
  • Former Amicus Board, Intermountain Healthcare
  • Former Bridge of Love Board, supporting Romanian children
  • Former Leadership Committee: And Justice for All, supporting Utah Legal Services, Legal Aid of Salt Lake, and Utah Disability Law Center
  • Former Women Lawyers of Utah, CLE Chair
  • Former Young Alumni Board Member, University of Utah

Accolades

  • Named a “Rising Star” by Super Lawyers, 2012-2018
  • 30 Women to Watch, Utah Business Magazine, 2016
  • Listed in Utah's Legal Elite, 2012-2015
Jessica G. McKinlay