Education

• John Carroll University

  (B.A., 1999)

• James J. Nance College of Business Administration, Cleveland State University

  (MBA, 2003)

• Cleveland-Marshall College of Law

  (J.D., 2003)

Admissions

• State of Ohio
• U.S. Court of Appeals for the Sixth Circuit
• U.S. District Court for the Northern District of Ohio
• U.S. District Court for the Southern District of Ohio

Key Federal Government Contracting Matters

• Preparation and resolution of certified claims in excess of a million dollars under the Contract Disputes Act.
• Recent successful resolution of a federal claim in excess of $1 million involving the U.S. Department of Veterans Affairs and U.S. Department of Labor.
• Recent successful resolution of a federal government bid protest filed with the U.S. Government Accountability Office.
• Negotiation with federal government agencies for amounts owed on federal contracts.
• Review and interpretation of the Federal Acquisition Regulations (“FAR”) in the context of federal contracts.
• Negotiation and review of federal government contracts between prime contractors and subcontractors.
• Representing general contractors and subcontractors in federal court litigation.
• Guidance as to mergers/sale of assets and the resulting assignment issues for federal contracts.

Key Litigation Matters

• Successful resolution of state government bid protests for small businesses as well as Fortune 200 companies.
• Lead litigator on $4 million dispute regarding falsified borrowing base certificates.
• Key member of defense team representing distributor company in opioid litigation.?
• Key member of trial preparation team for $100 million international business dispute.
• Successful resolution in an adversary proceeding of a surety in protecting its judgement lien against an avoidance action commenced by a debtor.
• Served as second chair in an adversary proceeding on behalf of a national supplier to the automotive industry.
• Representation of a national manufacturer of lawn care products in arbitration of a reinsurance policy.
• Successfully obtained summary judgment in a breach of contract dispute between business broker and business owner.
• Served as second chair in jury trial regarding real property dispute in excess of $1 million.

Key Bankruptcy Matters

• Representation of several continuing care retirement communities in Chapter 11 proceedings to restructure their bond debt.
• Representation of a $400 million revenue Ohio hospital system in Chapter 11 bankruptcy.
• Representation of national surety, as a creditor in a Chapter 11 bankruptcy (N.D. Ohio).
• Representation of a clinical laboratory company in a Chapter 11 bankruptcy (S.D. Texas).
• Representation of official committee of unsecured creditors appointed in Chapter 11 for leading manufacturer of precision hot forgings in automotive industry (Delaware).
• Litigation and negotiation of multimillion dollar settlement for subcontractor in the Fontainebleau Hotel bankruptcy.
• Negotiating vendor settlements and trade term modifications on behalf of distressed clients.
• Drafting and negotiating Chapter 11 plans of liquidation and related disclosure statements.

Client Alerts

• "Coronavirus (COVID-19): Guidance For Government Contracts," Ulmer & Berne LLP Client Alert (March 2020)
• “A Practical Guide for Landlords With a Bankrupt Retail Tenant,” Client Alert (March 2015)
• “Business Restructuring and Bankruptcy: A Practical Guide for a Surety When a Principal Files for Bankruptcy,” Client Alert (July 2014)

Publications

• “Insured-Versus-Insured Exclusion Applies to Liquidating Trustee,” ABA Business Law Section’s Director & Officer Liability Committee’s Flash Report (September 2017)
• “Principal File Bankruptcy? All Is Not Lost: The Surety’s Ability to Subrogate Suppliers’ and Administrative Claims, Fidelity & Surety,” Law Committee Newsletter (Spring 2015)
• “When a Contractor Defaults, Who Has Priority? Surety or Bank?,” Turnaround Management Association’s Turnaround Times (September/October 2014)
• “Rethinking the Bankruptcy/Non-Bankruptcy Restructuring Choice,” Cleveland Metropolitan Bar Journal (September 2014)
• “Not So Fast: Supreme Court Adopts A Higher State of Mind Standard for Non-Dischargeability Under Section 523(a)(4) of the Bankruptcy Code,” American Bar Association Committee News (Winter 2014)
• “Occupational Risk: The Outrageous Reaction to HIV Positive Public Safety and Health Care Employees in the Workplace,”19 J.L. & HEALTH 39 (2004-2005)
• “Is Getting Certified Worth It? Part 5: Women Owned Small Business Program”
• “Is Getting Certified Worth It? Part 4: Service Disabled Veteran Owned Business Program”
• “Is Getting Certified Worth It? Part 3: HUBZone”
• “Is Getting Certified Worth It? Part 2: Disadvantaged Business Enterprise”
• “Is Getting Certified Worth It? Part 1: 8(a) Business Development Program”
• “Part II: Is a Retail Shakeout Coming Soon? (Part II)”
• “Is a Retail Shakeout Coming Soon?”

Presentations

• “Cracking the Old Boys Network: Finding, Building, and Marketing Your Own Practice,” Cleveland Metropolitan Bar Association’s Racial Equity and the Law Talks (July 2020)
• “The Legalities of Sale-Leasebacks and Ground-Lease-Leasebacks,” Ohio Municipal League (November 2018)
• “Preliminary Considerations When Drafting a Contract,” National Business Institute (June 2017)
• “Ways to Get and Keep a Government Contract,” Subcontractors Association of Northeast Ohio (November 2016)
• “Considerations When a Contractor Defaults,” Ohio Surety Association (October 2015)
• “DIP Financing 101: A View From the Debtor, the Committee, and the Secured Lender,” Turnaround Management Association (February 2015)

PROFESSIONAL AFFILIATIONS

• DANCECleveland (Board Member)
• Cleveland Marshall College of Law (Alumni Association, Board Member)
• Cleveland State University, School of Liberal Arts and Social Sciences (Visiting Committee, Member)
• Case Western Reserve University (Visiting Committee, Member, Committee of Inclusion, Diversity & Equal Opportunity, Member)
• Cleveland Metropolitan Bar Association (Litigation Section, Council Member)
• International Women’s Insolvency & Restructuring Confederation
• Turnaround Management Association
• American Bankruptcy Institute
• William K. Thomas Inn of Court (Executive Committee)
• Cleveland Metropolitan Bar Association (Women’s Section, Co-Chair; Litigation Section, Council; Minority Attorney Roundtable Taskforce, Member)
• City Club of Cleveland (New Leaders, Cabinet Member, 2004-2008)
• American Bar Association
• Ohio State Bar Association

HONORS

• Named to The Best Lawyers in America^©, Bankruptcy and Creditor-Debtor Rights Law/Insolvency and Reorganization Law (2019; 2020)
• Named to the Ohio Super Lawyers list (2014-2019)
• Named to the Ohio Rising Stars List (2012-2013)
• Selected for inclusion in Lawyers of Color Hot List (2013)

• Manju Gupta Published in Contract Management Magazine
• Ohio Super Lawyers Honors Ulmer Attorneys in 2020 Lists
• Best Lawyers® 2020: 60 Ulmer Attorneys Recognized, Two Partners Named “Lawyer of the Year”
• Ulmer Congratulates 60 of Its Attorneys Named to the 2019 Ohio Super Lawyers List
• Ulmer Attorney Appointed to Board of Directors of DANCECleveland
• Ulmer Attorneys Recognized in the 2019 Edition of The Best Lawyers in America
• Ulmer Congratulates 59 Attorneys Named to the 2018 Ohio Super Lawyers List
• Manju Gupta Joins Ulmer’s Growing Business Litigation Team