Zachary J. Rosencrance

Attorney Zachary J. Rosencrance focuses his practice on complex litigation and bankruptcy matters, with particular depth in energy, construction, and financial services–related disputes. He leads the firm’s Financial Services Litigation team and represents clients throughout West Virginia in high stakes matters where contracts, capital, and operations intersect.

Zack regularly represents businesses involved in coal, oil and gas, and construction projects, as well as financial institutions and lenders, in disputes involving commercial contracts, lien issues, and consumer claims. His experience includes multi-party litigation and high-dollar arbitration, along with courtroom advocacy in cases driven by complex financial and operational issues. He approaches each matter with a practical understanding of how litigation impacts day-to-day operations and long-term business objectives.

Zack also advises creditors in bankruptcy proceedings, including contested matters and asset acquisition issues arising in bankruptcy.

Before entering private practice, Zack worked as an investment analyst at JP Morgan. Combined with his accounting background, that experience allows him to approach disputes with a business-first perspective. Based in Charleston, he represents clients across West Virginia.

representative matters

Commercial Litigation

• Stevens v. Nelnet Servicing, LLC, Case No. 3:24-0280, 2025 WL 1334071 (S.D. W. Va. May 7, 2025) (granting motion to dismiss West Virginia Consumer Credit and Protection Act class action claim based on lack of Article III standing)

• DLB Enterprises LLC v. Kanawha Stone Company, Inc., Case No. 22-cv-46 (S.D. W. Va.) (obtained judgment in excess of $1.8 million following a 23 day multi-party arbitration on competing claims for breach of contract and wrongful termination concerning a $50 million infrastructure project involving two bridges.)

• Tax Analysts v. Irby, West Virginia State Tax Comm’r, 900 S.E.2d 37 (W.Va. Mar. 15, 2024) (reversal of circuit court order granting motion to dismiss in FOIA case seeking copies of field audit manuals and audit training manuals from state tax department)
• IPI, Inc. v. Axiall Corp., et al., 249 W.Va. 544 (W.Va. Ct. App. Jan. 30, 2024) (vacating summary judgment award on breach of contract and indemnity counterclaims in personal injury action stemming from chlorine gas leak)
• The Gorman Co., LLC v. OK Gentry, LLC, 2022 WL 17688728 (W. Va. Cir. Ct.) (granting summary judgment finding that an overriding royalty agreement for coal runs with the land)
• Bo-Ru, LLC v. E.C. Source Services, LLC, et al., Case No. 2:20-cv-00306, 2020 WL 3022457 (S.D. W. Va. June 4, 2020) (granting dismissal of corporate entity based upon lack of contractual privity)
• Lemartec Corporation v. Berkeley County Solid Waste Authority, Case No. 3:18-cv-22, 2020 WL 3405755 (N.D. W. Va. June 19, 2020) (granting summary judgment in favor of general contractor on claims for fraudulent lien and slander of title)
• Coalfield Lumber Co., Inc. et al. v. Stacy et al., Case No. 2:19-CV-00681 (S.D. W. Va.) (defended claims arising under the UCC in connection with alleged fraudulent check scheme)

Bankruptcy

• In re: 1230 South Associates, LLC, Case No. 19-60158, 2020 WL 6948984 (S.D. W. Va. Nov. 19, 2020) (granting dismissal of bankruptcy filing for cause)
• In re: Panthera Enterprises, LLC, Case No. 2:20-ap-00010, 622 B.R. 201 (N.D. W. Va. 2020) (granting summary judgment under the UCC on whether modular units constituted property of bankruptcy estate)
• In re: Blackjewel L.L.C., Case No. 19-30289 (represented numerous creditors in complex coal mining bankruptcy)
• Routinely obtains stay relief to permit clients to pursue collection and/or enforcement on collateral
• Represented third-party buyer in purchase of equipment from chapter 11 case
• Successfully guided leaseholder through lease assumption process in complex chapter 11 case

• Recognized by The Best Lawyers in America: Ones to Watch (Commercial Litigation), 2021-present