Zach distills the complex and challenging into simple stories for judges, juries, and clients.
Overview
Zach represents clients in bankruptcy proceedings and litigation, engaging fully on the most complicated issues to find solutions and strategies that are creative, practical, and elegant. He ensures that his clients can explore every available option to determine the best way to protect and pursue their rights.
In briefing and before judges, Zach presents make-or-break issues efficiently and effectively, both within these core litigation and bankruptcy cases and across a variety of matters where clients and colleagues benefit from his e-discovery expertise.
In addition to his bankruptcy and litigation work, Zach has assisted clients across a wide range of internal and external investigations, including negotiating with government agencies on scope and making internal presentations to boards, officers, and general counsels.
Experience
Represents clients in litigated matters within bankruptcy, including representation of the debtor in adversary proceedings within the largest Chapter 11 case ever filed in the District of Kansas.
Zach and Nick Zluticky successfully convinced the Tenth Circuit Court of Appeals to hold that a portion of the U.S. Bankruptcy Code is unconstitutional and order a multi-million dollar refund of statutory U.S. Trustee’s fees to their client. Despite only one other Circuit adopting their constitutional argument, Stinson and the Tenth Circuit were proven right when that and related cases were granted certiorari by the United States Supreme Court. The Supreme Court agreed in a unanimous decision the portion of the code was unconstitutional. In re John Q. Hammons Fall 2006, LLC, 15 F. 4th 1011 (10th Cir. 2021); Siegel v. Fitzgerald, 596 U.S. __ (2022).
Zach argues complex discovery issues in federal and state court, including proceedings relating to forensic examination, corporate representative testimony, discovery scope, proportionality, spoliation, and technology-assisted review.
Represents clients in wide range of internal and government investigations, including grand jury subpoenas, agency investigations, internal allegations, and matters involving theft and potential theft of trade secrets.
Represents clients in appeals of bankruptcy decisions to district and appellate courts.
Represented client in appeal to Missouri Supreme Court regarding constitutionality of the Missouri Commercial Receivership Act, RSMo 515.500.
Served as lead e-Discovery counsel and designated ESI liaison in complex antitrust and class-action matters, including negotiation of ESI Protocols and Protective Orders with extensive, bleeding-edge terms related to production, collection scope, privilege assertions, and Technology-Assisted Review (TAR) processes.
Regularly presents CLEs for in-house attorneys and litigators on issues relating to electronic discovery, defensibility, and attorney-client privilege, and authored articles in Bankruptcy publications on these issues.
Served as lead counsel to Flora Food Group in its acquisition of a Kansas-based manufacturing facility out of receivership and facilitating the reopening of the plant and expansion of production.
News & Insights
News
Speaking Engagements
Publications
Co-author, "Information about Information: The Increasing Role of Metadata in Bankruptcy," American Bankruptcy Institute Litigation Committee Newsletter, Vol. 13, No. 4, January 2017
Professional & Civic Activities
Professional & Civic Activities
American Bar Association
The Missouri Bar
Practices & Industries
Admissions
- Missouri, 2007
- Kansas, 2008
- United States District Court, District of Kansas
- United States District Court, Western District of Missouri
- United States District Court, Southern District of Texas
- United States Court of Appeals, Tenth Circuit
- United States Supreme Court
Education
University of Nebraska, J.D., with high distinction, 2007
- Nebraska Law Review, Executive Editor
- Order of the Coif
University of Kansas, B.S., Journalism, with honors, 2004
