Cases
Experience: Fraud, Breach of Fiduciary Duty & Financing Disputes: Obtained summary judgment for former CEO of ITT against allegations by chapter 7 Trustee seeking over $250 million in damages
District Court ruled CEO did not breach his fiduciary duties of loyalty
care by assisting board of directors pursuit of potential sale transaction in response to federal regulatory pressure in Deborah Caruso, Chapter 7 Trustee for ITT Educational Services Inc, et al. v. Kevin Modany (S.D. Indiana 2022).
Obtained affirmance from Second Circuit Court of Appeals of judgment in favor of issuer of convertible notes dismissing claims of disgruntled noteholders over nonpayment of interest after conversion in Orchard Hill Master Fund Ltd., et al. v. SBA Communications Corp. (2d Cir. 2016
S.D.N.Y. 2015).
Defended
resolved claims against issuer of convertible notes brought by noteholder seeking payment of interest after conversion in Silvercreek Management Inc. v. Jazz US Holdings Inc., et al., (S.D.N.Y. 2018).
Defended regulated financial institution in defense of aiding
abetting fraud
breach of fiduciary duty claims arising out of scam to obtain stranger-owned life insurance policies through employer welfare benefits plan
related trust
matter settled after close of multi-week arbitration trial.
Defended
resolved claims against distressed debt lenders for aiding
abetting breaches of fiduciary duty
fraud arising out of vendor note program of failed national retail chain in Naylor, Chapter 7 Trustee of Anna's Linens, Inc., et al., v Salus Capital Partners, LLC, et al. (Bankr. C.D. Cal.).
Defended equity holder
related corporations in defense of fraudulent transfers
related claims in adversary proceedings seeking over $400 million in damages in In re NM Holdings, Inc. (Bankr E.D. Mich.).
Bankruptcy Litigation: Litigation
investigation counsel for Unsecured Creditors Committee in Vesttoo bankruptcy
investigated claims arising from global reinsurance fraud involving approximately $4 billion of fraudulent letters of credit, with related insolvency proceedings in the United States, Israel
Bermuda (Bankr. D. Del. 2024).
Litigation
investigation counsel for Puerto Rico Electric Power Authority in PROMESA Title III proceedings, including trial of Debtor's motion for post-petition financing
defense of certain adversary proceedings challenging filing of Title III case (D.P.R.).
Litigation counsel for noteholders of Brazos S
y Creek power plant owner in claims objection proceedings seeking substantial PPA rejection damages
settled for dismissal of damages claim
allowed claim of $165 million with guaranteed recovery of 90% of claim amount in Brazos Electric Power Cooperative bankruptcy (S.D. Texas 2022).
Defending Goldman Sachs against fraudulent transfer claims arising from Mallinckrodt's stock repurchase plan (Bankr. D. Del.).
Litigation counsel for Official Committee of Unsecured Creditors in liquidating chapter 11 proceeding of multiple assisted living facilities in the Southeast in In re Gulf Coast Health Care, et al., (Bankr. D. Del. 2022).
Litigation counsel for pipeline owner in contested confirmation hearing in In re Extraction Oil & Gas (Bankr. D. Del. 2021).
Litigation counsel for l
lord in defense of adversary proceeding
in contested confirmation hearing of skilled nursing home operators in In re PNW (Bankr. W.D. Wash. 2021).
Represented secured lender Metropolitan Life Company in a trial of motions to dismiss Chapter 11 cases of profitable commercial real estate special purpose vehicles in In re General Growth Properties. (Bankr. S.D.N.Y. 2009).
Defeated confirmation of plan of reorganization as trial counsel following five-month trial in Bankruptcy Court for the Eastern District of Michigan on behalf of equity holder of Venture Holdings, LLC, a major Tier 1 automotive supplier.
Defeated at summary judgment proofs of claim seeking over $63 million
related dischargeability proceedings brought by relators under False Claims Act in In re ATLS (Bankr. D. Del.).
Represented bondholders in termination of debtors' exclusivity
related contested matters in In re Rubicon US REIT Inc. (Bankr. D. Del.).
Obtained $60 million judgment
order of specific performance after trial against buyer who refused to close on acquisition of debtors' asset. Subsequently, obtained order of contempt against buyer for weekly fines of $3 million
order of incarceration for buyer's principals in In re Syntax-Brillian Corp. (Bankr. D. Del.).
Lead trial counsel for debtors in In re Syntax-Brillian Corp. (Bankr. D. Del.), including h
ling sale hearings, contested shareholder motions, investigations
contested confirmation proceedings.
Lead trial counsel for private equity fund purchaser in contested sale proceedings for acquisition of debtors' assets in In re Shapes/Arch Holdings, LLC. (Bankr. N.J.).
Obtained priming order against secured lender after trial of contested matter in In re Satcon (Bankr. D. Del.).
Lead trial counsel for Official Committee of Unsecured Creditors in In re Chesapeake Corp. (Bankr. E.D. Va.).
Obtained summary judgment for private equity fund in class action adversary proceeding arising out of In re DHP Holdings (Bankr. D. Del.) Chapter 11 proceedings in defense of claims alleging that client is liable under WARN Act for debtors' dismissal of employees.
Counsel for private equity fund as secured lender in In re GWLS (Bankr. D. Del.) in intercreditor dispute arising out of credit bid to which client did not consent.
Lead counsel during week-long novel lease dispute on behalf of l
lord in connection with eviction proceedings of restaurant from Rockefeller Center in In re Fifth Avenue Restaurant Acquisition Corp. (Bankr. S.D.N.Y.) resulting in termination of the lease
removal of tenant.
Co-lead trial counsel on behalf of equity holder
vested corporations seeking damages in excess of $100 million in In re Deluxe Pattern Corp. (Bankr. E.D. Mich.).
Special litigation counsel for debtor pursuing
defending claims related to defective design
construction of ethanol plant in In re Cascade Grain (Bankr. D. Ore.).
Lead trial counsel for Official Committee of Unsecured Creditors in In re Werner Holdings (Bankr. D. Del.) including directing investigations into liens
claims.
Lead trial counsel for largest secured creditor in contested reorganization fight in In re Protocol Services, Inc. (Bankr. S.D. Cal.).
Obtained dismissal of claims against liquidator in adversary proceedings in In re Plej's Linen Supermarket SoEast Stores LLC, et al. (Bankr. W.D.N.C.).
Trial counsel for stalking horse bidder in contested sale hearing in In re Geneva Steel (Bankr. D. Utah).
Trial counsel for regulated financial institution as secured lender in litigation
contested confirmation hearing in In re Woodcrest Country Club (Bankr. D. N.J.).
Cross-Border Disputes: Obtained order on appeal from District Court reversing Bankruptcy Court's denial of motion to dismiss
dismissing subsequent transfer claims of Madoff trustee against Kuwait government agency as such claims were barred by the Foreign Sovereign Immunities Act
Madoff trustee withdrew Second Circuit appeal in Picard, as Trustee of BLMIS, et al., v. Public Institution for Social Security (Bankr. S.D.N.Y. 2021, S.D.NY 2023
2nd Cir. 2023)
Trial counsel for major national bank against publicly-traded parent corporation of insolvent Canadian borrower that issued allegedly false borrowing base certificates to draw on asset-based loan revolver. Claims sought more than $50 million in damages in parallel cases in California
Canada before settlement.
Lead trial counsel for bondholders
Canadian bankruptcy trustees holding over $1 billion of notes in contested matters related to cross-border disputes from of debtors' use of Nova Scotia unlimited liability companies to raise funds from public bond offerings in In re Smurfit Stone Container Corporation (Bankr. D. Del.)
In re AbitibiBowater, Inc. (Bankr. D. Del.).
Trial counsel on international law issues for major bondholders of General Motors in In re Motors Liquidation Company (Bankr. S.D.N.Y.).
Trial counsel for major UK manufacturing corporation in cross-border lease
financing dispute in Rentokil Initial (1896) Limited v. Jeld-Wen, Inc. (D. Or.).
Lead trial counsel for debtor (equity-holder of largest mobile telephone provider in Republic of Georgia) in cross-border change of control dispute under terms of B.V.I. limited partnership agreement in In re M.I.G. (Bankr. D. Del.).
Assisted bankruptcy court-appointed examiner's investigation into fraudulent practices of international hedge fund.
Litigation counsel for Mexican bondholders in In re Grupo Aeromexico (Bankr. D. Del. 2022).
Complex Corporate Litigation
Investigations: Investigation counsel for PREPA in response to inquiries from Congressional committees, FEMA, Official Committee of Unsecured Creditors
OIG into FEMA funding
certain power restoration contracts following devastating impact of 2017 hurricanes in Puerto Rico.
Defending cryptocurrency exchange against RICO claims (D. Mass.).
Obtained affirmance of summary judgment for prominent surgeon
inventor of surgical devices
techniques rejecting claim of allegedly enforceable oral contract for payment of 10% of royalties received from surgical device manufacturer in Shea v. Millett (1st 2022
D. Mass. 2021).
Defended major real estate developer in lawsuit resulting from sale of office building in Chicago.
Defended toy distributor against claims of copyright infringement in K&M International v. Rhode Isl
Novelty, Inc. (D.R.I.).
