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Experience

Representative Matters

Bankruptcy 

  • Served as debtors’ counsel in cases in New York and Connecticut representing broker-dealers, mutual funds, real estate holding companies and software developer
  • Represented official and ad hoc committees of unsecured creditors, bondholders and employees in cases venued in New York, Montana and California
  • Served as special litigation counsel for debtors in cases filed by telecommunications companies, health care providers, equipment financing companies, a sports franchise and furniture manufacturers/distributors in cases venued in New York, Delaware, Ohio and France
  • Regularly represent lenders in lift stay proceedings to allow lien foreclosures
  • Provided monitoring services for insurer in Enron Corp. and Worldcom, Inc. “MegaClaims litigations”
  • Represented landlords of debtors in bankruptcy cases venued in New York, Illinois, Pennsylvania and Missouri
  • Represent parties with swaps termination claims triggered by bankruptcy filing
  • Represent major charitable organization in non-discharge litigation against former employees charged with embezzlement
  • Represent seller of business in non-discharge litigation against business purchaser charged with siphoning off business assets then closing business
  • Represented estate fiduciary in New York bankruptcy case in suit filed by debtor in Delaware bankruptcy concerning ownership of Delaware debtor securities
  • Represented creditors in litigations over “ponzi scheme” distributions
  • Prosecuted and defended hundreds of avoidance actions relating to preferential transfers and/or fraudulent transfers in courts throughout the United States
  • Represented utility providers and “critical vendors” in numerous cases
  • Represented investors in liquidation of offshore corporations charged as “ponzi schemes”
  • Represented numerous clients seeking to make asset acquisitions through bankruptcy (“363 sales”) in cases venued around the Country

Business Litigation

  • Represented numerous closely held businesses, creditors and equity owners in state court liquidations and assignments for the benefit of creditors
  • Regularly Represent banks and other lenders in workouts and lien foreclosures
  • Led workout of debt for bank client alongside more than 20 other lenders with perfected claims, creating a multi-year waterfall approved by all parties
  • Represented contractor for development of power plant in suit by subcontractor wherein subcontractor claimed the job had become so large that it was impossible to perform without millions of dollars in additional compensation
  • Represented lender in breach of contract and related foreclosure surrounding operating and equipment loans to oil field producer in Java Sea and related repossession of oil tanker
  • Defended major waste hauling companies in New York environmental litigation
  • Defended real estate developer in RICO action alleging misrepresentations resulting in billions of dollars of loses to investors
  • Represented engineering and construction firm in connection payment litigation stemming from Iran’s “oil for food” program
  • Represented property owner in litigation against property manager for breach of fiduciary duty and breach of contract
  • Represented investor in website technology against website owners for fraud and corporate waste
  • Represented securities clearing firm in litigation with software developer for breach of warranty/contract
  • Prosecuted claims against telecommunications company for fraud related to prepaid phone cards

Directors & Officers

  • Represented former Chairman in adversary proceedings brought by bankruptcy trustee charging usurpation of corporate opportunity and fraud-based claims
  • Represented board member in class action alleging liability on alter ego theories
  • Represented board members in action by insurance carrier to rescind D&O policy based on falsified financials and in related action by bankruptcy trustee
  • Represented board members against claims of waste in connection with management of creditors’ trust after bankruptcy liquidation
  • Represented former CEO and Chairman of public company in adversary proceedings brought by bankruptcy trustee charging breach of fiduciary duty, waste and fraud-based claims
  • Represented former CEO in FBI’s investigation relating to failure of “dot-com” company
  • Represented foreign steel manufacturer in suit against US-based subsidiary’s CEO and Chairman for fraud and corporate waste

Distribution and Franchise Law

  • Regularly represent franchisors in disputes arising from termination of franchise agreements and in drafting separation agreements with franchisees
  • Regularly represent franchisors in actions relating to non-payment of franchise fees
  • Represented franchisee in wage and hour class action
  • Represented multi-unit franchisee in negotiated sale back of units to franchisor
  • Represented Chinese manufacturer in litigation with North American distributor to recover product proceeds
  • Represented franchisor in litigation alleging misrepresentation in offering circular and failure to provide promised operating assistance to failed franchisee
  • Prosecuted trademark infringement action for owner of marks against entity which embedded mark into website metadata in order to attract internet traffic
  • Defended trademark infringement action alleging unfair competition and “cyber-squatting” based on similar website domain name
  • Defended trademark infringement action against footwear manufacturer by former client/major label
  • Represented licensor of technology in litigation with public company licensee for failure to pay license fees
  • Prosecuted action for trademark infringement on behalf of major food importer/distributor against “counterfeiter”
  • Regularly prosecute trademark and copyright infringement cases in franchise law context
  • Defended anti-trust class action against soft drink distributors alleging price fixing
  • Represented major national food distributor in defense of claim by regional distributor for breach of distribution agreement
  • Represented food distribution company in litigation with software developer over failure to produce working custom inventory control software

Employment Litigation

  • Defended numerous Title VII cases including cases charging sexual discrimination, discrimination based on national origin, religious discrimination and age discrimination
  • Defended claims made to the New York City Commission on Human Rights and related, or at times separate, EEOC claims
  • Defended company against claims for unpaid severance and bonus by former CEO
  • Defense counsel in wage and hour class actions
  • Prosecuted numerous cases alleging theft of trade secrets by terminated employees
  • Defended numerous contractual employment disputes through trial

Mortgage-Backed Securities and Credit Markets

  • Representing loan originators and others in litigations surrounding demands for loan repurchase
  • Represented major financial institution in litigation filed by a “whistle-blower” employee in relation to a sub-prime mortgage investigation
  • Resolved disputes between mortgage lenders and funding entities over pricing of mortgage backed securities
  • Defended claims of underwriting fraud against mortgage broker

Securities Litigation & Regulation

  • Represented broker-dealers in dozens of arbitrations relating to customer claims and/or employment disputes
  • Represented broker-dealers in numerous cases of “raiding” and litigation concerning customer lists
  • Represented broker-dealers in numerous arbitrations and state court filings related to nonpayment of “forgivable loans” to terminated or former brokers
  • Represented loan servicers in securities fraud claims relating to allegedly unauthorized securitization of loans
  • Represented major public manufacturer accused of improperly allowing stock to be escheated to state agency
  • Represented major brokerage firm and corporate affiliates in class action alleging securities fraud based on its “cash sweep” program
  • Represented securities clearing firm in “market timing” multi-district litigation/class action
  • Represented CEO and board members in securities fraud class action following a restatement of company financials and an SEC halt on the trading of stock
  • Represented stable value fund in Department of Labor investigation into questionable investments by fund managers
  • Representing major investor in securities/derivative litigation following bankruptcy of telecommunications company
  • Represented public company in litigation by investment bank seeking issuance of warrants
  • Represented mutual funds in litigation concerning payments of preferred dividends by public company
  • Regularly prosecute claims on behalf of investment banks relating to fraud or breach of contract in connection with purchases of stock through private investments
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