Insolvency-Related & Lender Liability Litigation
Representing an international bank in connection with alleged fraudulent transfer claims in connection with the Bernard Madoff SIPA proceedings (S.D.N.Y.)
Representing founder and former Chairman and CEO of medical device company in lender liability litigation he brought against the company’s lenders and their appointed directors
Representing a major national bank in connection with a receivership and guaranty collection lawsuit related to a loan on a commercial office building in Washington, D.C.
Representing packaging manufacturer in connection with breach of contract and collection litigation involving damages under Section 2-708 of the Uniform Commercial Code (N.D. Ga. & 11th Cir.)
Representing a secured lender in lender liability litigation brought by indirect investors in a multi-family development in Chicago, Illinois
Representing numerous lenders, borrowers, and guarantors in connection with distressed real estate litigation in federal and state courts around the country
Represented a Fortune 100 Company in defeating alleged fraudulent transfer claims brought to enjoin the spinoff of a multi-billion-dollar-revenue division and prohibit the payment of dividends (N.D. Fla.)
Represented Citibank and its affiliates in their successful defense of alleged fraudulent transfer, improper liquidation, and contract claims brought by Chapter 11 trustee in the Thornburg Mortgage bankruptcy case (Bankr. D. Md.)
Represented major international financial institution in connection with litigation brought by foreign representative in the Oro Negro Chapter 15 bankruptcy case (Bankr. S.D.N.Y.)
Represented Chinese bankruptcy administrator in first-of-its-kind litigation in the United States against the debtor’s former parent company and officers and directors and obtained $15 million jury verdict and judgment (N.D. Ga.)
Represented ORIX USA, L.P. and its affiliates in connection with alleged lender liability claims asserted by four borrowers and owners of multi-family properties (Ga. State-Wide Business Court)
Represented Sculptor Capital in connection with bankruptcy plan-related discovery efforts in connection with the Puerto Rico bankruptcy case
Represented guarantors of office tower financing facility in successful defense of claims asserted by mezzanine lender (S.D.N.Y.)
Represented Triangle Capital Corporation in defeating lender liability claims asserted by second-lien lenders in connection with the bankruptcy case of CRS Reprocessing, LLC (S.D.N.Y.)
Represented SunTrust Bank, as former second lien collateral agent and letter of credit lender, to protect its rights and defeat threatened litigation in the La Paloma Generating Company bankruptcy case (Bankr. Del.)
Represented Citibank in defense of the Unsecured Creditors’ Committee’s motion to obtain standing in the Sabine Oil & Gas bankruptcy case (Bankr. S.D.N.Y.)
Represented Imperial Tobacco Canada Limited in its defense and settlement of alleged fraudulent conveyance litigation, with alleged damages exceeding $1 billion, brought by the Chapter 11 debtor in In re The Flintkote Company (Bankr. Del.)
Represented Prestige Communications of NC, Inc. and its affiliates in their successful, complete defense of litigation involving $800 million fraudulent conveyance claim brought by the liquidating trustee in In re Adelphia Communications Corp. (S.D.N.Y.)
Represented a multi-national electronics manufacturer in its defense of multi-million-dollar preference actions brought by the debtors in In re Circuit City Stores, Inc. (Bankr. E.D. Va.), In re Ultimate Acquisition Partners, LP (Bankr. D. Del.), and In re Tweeter Opco, LLC (Bankr. D. Del.)
Represented a multi-national electronics manufacturer in its defense of multi-million-dollar preference actions brought by the debtors in In re Circuit City Stores, Inc. (Bankr. E.D. Va.), In re Ultimate Acquisition Partners, LP (Bankr. D. Del.), and In re Tweeter Opco, LLC (Bankr. D. Del.)
Representing a publicly traded company in connection with evaluating strategic alternatives
Representing private-equity-owned manufacturer in connection with evaluating strategic alternatives
Representing multiple companies—public and private—in connection with internal corporate reorganizations
Represented a publicly traded satellite company in connection with evaluation of strategic alternatives
Represented a publicly traded construction company in connection with out-of-court restructuring
Represented Pareteum Corporation--a public company--and eight of its domestic and foreign affiliates in connection with their Chapter 11 bankruptcy cases and the sale of substantially all of their assets, which sale won the Americas Distressed M&A Deal of the Year for the Middle Market category at the 2022 Global M&A Networks M&A Atlas Awards (Bankr. S.D.N.Y.)
Represented Global Brokerage, Inc. in connection with its prepackaged Chapter 11 bankruptcy case (one of 2017’s largest bankruptcies) and a subsequent out-of-court restructuring (Bankr. S.D.N.Y.)
Represented engineering and architecture firm in connection with its out-of-court workout negotiations
Represented Stratum Energy, LLC, an exploration and production company, with its out-of-court restructuring
Represented large Southeast restaurant chain in connection with its out-of-court workout negotiations
Represented one of the first natural gas-to-liquids (GTL) facilities in the Western Hemisphere in In re Juniper GTL LLC, which was named TMA Small Company Transaction of the year for 2016 (Bankr. S.D. Tex.)
Represented alternative biofuel company as Chapter 11 debtor in In re KiOR, Inc. (Bankr. D. Del.)
Represented Atherogenics, Inc. in connection with its bankruptcy case (Bankr. N.D. Ga.)
Director, Officer & Special Board Committee Representations
Representing the 2025 Special Investigation Committee of Luminar Technologies, Inc. in connection with an investigation of its current and former directors and officers
Representing special committee of publicly traded technology company in connection with evaluation of strategic alternatives
Representing former directors and officers asserted by a company that filed for bankruptcy following a de-SPAC
Representing two former directors, officers, and co-owners of Mountain Express Oil Company in defense of breach of fiduciary duty, RICO, conspiracy, and fraudulent transfer claims asserted by the Mountain Express Chapter 7 bankruptcy trustee
Representing former General Counsel of Celsius Networks in connection with pending litigation brought by a bankruptcy trustee and securities plaintiffs
Represented the independent directors of a publicly traded telecom company in connection with restructuring efforts
Represented the independent directors of Fusion Connect, Inc. in connection with a substantial out-of-court restructuring
Represented current and former directors and officers of CBL & Associates Properties Inc. in connection with obtaining broad third-party releases in CBL's bankruptcy case (Bankr. S.D. Tex.)
Represented current and former directors and officers of American Addiction Centers, Inc. (Bankr. D. Del.)
Represented former directors and officers of Quorum Health Corporation (Bankr. D. Del.), Adeptus Health (Bankr. N.D. Tex.), Implant Sciences Corporation (Bankr. D. Del.), iPractice, Inc. (Bankr. M.D. Tenn.)
Representing national bank in connection with numerous real estate-related loans
Represented PNC Bank, N.A. in connection with the bankruptcy cases of Akumin, Inc. and its affiliates (S.D. Tex.)
Represented countless secured creditors and mezzanine lenders in connection with exercising their rights and remedies under billions of dollars of loans in connection with equity pledges, real property mortgages, and liens on personal property
Represented margin loan lender in connection with restructuring of a $100+ million loan where lender was repaid in full
Represented Deutsche Bank in connection with its role as collateral agent for in excess of $4 billion in priority guaranty notes in In re iHeartMedia (Bankr. S.D. Tex.)
Represented major credit card processor in numerous Chapter 11 bankruptcy cases throughout the United States
Represented Carter’s, Inc., the largest non-toy supplier in In re Toys R’ Us (Bankr. E.D. Va.)
Represented The Coca-Cola Company in connection with the Perkins & Marie Callender’s bankruptcy case (Bankr. D. Del.)
Represented Chevron U.S.A. Inc. and its affiliates to protect their interests in dozens of bankruptcy cases, including In re ERG Intermediate Holdings, LLC (Bankr. N.D. Tex.)
Represented Goldman Sachs Realty Management lender in Chapter 11 single-asset real-estate bankruptcy case involving $40 million in notes secured by office park development in In re Lichtin/Wade, LLC (Bankr. E.D.N.C.)
Represented landlords and tenants in numerous bankruptcy cases and out-of-court distressed lease and guaranty renegotiations
Represented numerous real estate investors in their purchase and sale of distress real estate properties and distressed debt
Represented entertainment producer in connection with its acquisition of The Walking Dead video game franchise and related assets out of an assignment for the benefit of creditors
Represented Jack Cooper Holdings Corp. in its $135 million acquisition through 363 sales process of Allied Systems Holdings, Inc. (Bankr. D. Del.) – Large Company Turnaround of the Year in 2013-2014 for the Southeast Region of the Turnaround Management Association
Represented Arris Real Estate Partners in connection with its acquisition of student housing complex in San Antonio, Texas (Bankr. W.D. Tex.)
Represented the debtor in a multi-million-dollar 363 sale of assets in the Chapter 11 case of In re Propex, Inc. (Bankr. E.D. Tenn.)
Represented Southeastern Grocers, Inc. in acquisitions and sales of more than 60 grocery stores
Compliance & Government Investigations
Represented DeFi cryptocurrency firm in connection with its assessment of default-related issues
Represented top 5 largest single-family homeowner in connection with its efforts to revamp its internal compliance program, including bankruptcy-related compliance matters
Represented a major mortgage originator and servicers in defense of foreclosure-related litigation, bankruptcy-related government investigations, and revamping related internal compliance programs
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