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A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\u003c/p\u003e\n\u003cp\u003eBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\u003c/p\u003e\n\u003cp\u003eFor many years, Bruce has been selected as a leading IP lawyer by\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e. He has also been listed in multiple editions of\u0026nbsp;\u003cem\u003eThe Best Lawyers in America\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe Legal 500\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe World Trademark Review WTR 1000 Guide to the World\u0026rsquo;s Leading Trademark Professionals\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe International Who\u0026rsquo;s Who of Trademark Lawyers\u003c/em\u003e, numerous\u0026nbsp;\u003cem\u003eSuper Lawyer\u003c/em\u003e\u0026nbsp;lists and other leading industry publications.\u003c/p\u003e\n\u003cp\u003eA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003ch5\u003e\u003cbr /\u003eAdmitted only in Georgia.\u003c/h5\u003e","slug":"bruce-baber","email":"bbaber@kslaw.com","phone":"+1-917-749-1247","matters":null,"taggings":{"tags":[],"meta_tags":[{"id":17}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":3,"source":"capabilities"},{"id":763,"guid":"763.smart_tags","index":4,"source":"smartTags"}],"is_active":true,"last_name":"Baber","nick_name":"Bruce","clerkships":[],"first_name":"Bruce","title_rank":9999,"updated_by":101,"law_schools":[],"middle_name":"W.","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/brucebaber/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eBruce Baber focuses his practice\u0026nbsp;in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\u003c/p\u003e\n\u003cp\u003eBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\u003c/p\u003e\n\u003cp\u003eFor many years, Bruce has been selected as a leading IP lawyer by\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e. He has also been listed in multiple editions of\u0026nbsp;\u003cem\u003eThe Best Lawyers in America\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe Legal 500\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe World Trademark Review WTR 1000 Guide to the World\u0026rsquo;s Leading Trademark Professionals\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe International Who\u0026rsquo;s Who of Trademark Lawyers\u003c/em\u003e, numerous\u0026nbsp;\u003cem\u003eSuper Lawyer\u003c/em\u003e\u0026nbsp;lists and other leading industry publications.\u003c/p\u003e\n\u003cp\u003eA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003ch5\u003e\u003cbr /\u003eAdmitted only in Georgia.\u003c/h5\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9}]},"capability_group_id":3},"created_at":"2026-05-28T22:07:27.000Z","updated_at":"2026-05-28T22:07:27.000Z","searchable_text":"Baber{{ FIELD }}Bruce Baber focuses his practice in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.\nBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\nBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\nFor many years, Bruce has been selected as a leading IP lawyer by Chambers USA. He has also been listed in multiple editions of The Best Lawyers in America, The Legal 500, The World Trademark Review WTR 1000 Guide to the World’s Leading Trademark Professionals, The International Who’s Who of Trademark Lawyers, numerous Super Lawyer lists and other leading industry publications.\nA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\n \nAdmitted only in Georgia. Bruce W Baber Partner Princeton University  Duke University Duke University School of Law Georgia American Bar Association State Bar of Georgia Atlanta Bar Association Best Lawyers In America.","searchable_name":"Bruce W. Baber","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":427219,"version":1,"owner_type":"Person","owner_id":6490,"payload":{"bio":"\u003cp\u003eAdam Baker represents global financial institutions, healthcare and life sciences companies, and other public corporations in complex government and internal investigations and regulatory matters. He has extensive experience counseling clients facing investigations by the Department of Justice, Securities and Exchange Commission, State Attorneys General, Financial Industry Regulatory Authority, as well as other criminal and civil authorities. In particular, Adam has defended clients in matters implicating various federal laws and regulations, including insider trading, Foreign Corrupt Practices Act, Anti-Kickback Statute, healthcare fraud, and the Food, Drug \u0026amp; Cosmetic Act. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePreviously, Adam served as a criminal Assistant United States Attorney in the Health Care Fraud/Opioid Abuse Prevention and Enforcement Unit in the District of New Jersey. In that role, he led a number of large-scale investigations and prosecutions of major pharmaceutical companies for healthcare fraud, diversion of controlled substances, and violations of the Federal Anti-Kickback Statute.\u0026nbsp; He also partnered with the DOJ\u0026rsquo;s Consumer Protection Branch on a significant investigation into potential violations by an opioid manufacturer and related individuals of the Food, Drug \u0026amp; Cosmetic Act.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to his government service, Adam was a Partner at another AmLaw 50 firm where he oversaw complex investigations and regulatory matters for financial institutions and its employees.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdam is active within the LGBTQ+ community. He helped found Boston Colleges\u0026rsquo; first gay-straight alliance and served on his prior firm\u0026rsquo;s Diversity \u0026amp; LGBTQ+ committees. He serves on Boston College Law School\u0026rsquo;s national alumni board and formerly served as a Corp member for Teach For America.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","slug":"adam-baker","email":"abaker@kslaw.com","phone":null,"matters":["\u003cp\u003eConducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government.\u003c/p\u003e","\u003cp\u003eRepresented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a men\u0026rsquo;s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players.\u003c/p\u003e","\u003cp\u003eRepresented a key figure in the \u0026ldquo;Bridgegate\u0026rdquo; matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney\u0026rsquo;s Office, District of New Jersey.\u003c/p\u003e","\u003cp\u003eRepresented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney\u0026rsquo;s Office\u0026rsquo;s investigation of the downfall of the firm, successfully obtaining immunity for the client.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":11,"guid":"11.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":2,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":5,"source":"capabilities"},{"id":952,"guid":"952.smart_tags","index":6,"source":"smartTags"},{"id":780,"guid":"780.smart_tags","index":7,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":8,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":9,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Baker","nick_name":"Adam","clerkships":[],"first_name":"Adam","title_rank":9999,"updated_by":32,"law_schools":[{"id":245,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2008-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/adam-baker-4a471038/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAdam Baker represents global financial institutions, healthcare and life sciences companies, and other public corporations in complex government and internal investigations and regulatory matters. He has extensive experience counseling clients facing investigations by the Department of Justice, Securities and Exchange Commission, State Attorneys General, Financial Industry Regulatory Authority, as well as other criminal and civil authorities. In particular, Adam has defended clients in matters implicating various federal laws and regulations, including insider trading, Foreign Corrupt Practices Act, Anti-Kickback Statute, healthcare fraud, and the Food, Drug \u0026amp; Cosmetic Act. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePreviously, Adam served as a criminal Assistant United States Attorney in the Health Care Fraud/Opioid Abuse Prevention and Enforcement Unit in the District of New Jersey. In that role, he led a number of large-scale investigations and prosecutions of major pharmaceutical companies for healthcare fraud, diversion of controlled substances, and violations of the Federal Anti-Kickback Statute.\u0026nbsp; He also partnered with the DOJ\u0026rsquo;s Consumer Protection Branch on a significant investigation into potential violations by an opioid manufacturer and related individuals of the Food, Drug \u0026amp; Cosmetic Act.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to his government service, Adam was a Partner at another AmLaw 50 firm where he oversaw complex investigations and regulatory matters for financial institutions and its employees.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdam is active within the LGBTQ+ community. He helped found Boston Colleges\u0026rsquo; first gay-straight alliance and served on his prior firm\u0026rsquo;s Diversity \u0026amp; LGBTQ+ committees. He serves on Boston College Law School\u0026rsquo;s national alumni board and formerly served as a Corp member for Teach For America.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eConducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government.\u003c/p\u003e","\u003cp\u003eRepresented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a men\u0026rsquo;s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players.\u003c/p\u003e","\u003cp\u003eRepresented a key figure in the \u0026ldquo;Bridgegate\u0026rdquo; matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney\u0026rsquo;s Office, District of New Jersey.\u003c/p\u003e","\u003cp\u003eRepresented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney\u0026rsquo;s Office\u0026rsquo;s investigation of the downfall of the firm, successfully obtaining immunity for the client.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10412}]},"capability_group_id":2},"created_at":"2025-05-26T04:59:19.000Z","updated_at":"2025-05-26T04:59:19.000Z","searchable_text":"Baker{{ FIELD }}Conducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC.{{ FIELD }}Represented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal.{{ FIELD }}Represented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government.{{ FIELD }}Represented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC.{{ FIELD }}Represented a men’s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players.{{ FIELD }}Represented a key figure in the “Bridgegate” matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney’s Office, District of New Jersey.{{ FIELD }}Represented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney’s Office’s investigation of the downfall of the firm, successfully obtaining immunity for the client.{{ FIELD }}Adam Baker represents global financial institutions, healthcare and life sciences companies, and other public corporations in complex government and internal investigations and regulatory matters. He has extensive experience counseling clients facing investigations by the Department of Justice, Securities and Exchange Commission, State Attorneys General, Financial Industry Regulatory Authority, as well as other criminal and civil authorities. In particular, Adam has defended clients in matters implicating various federal laws and regulations, including insider trading, Foreign Corrupt Practices Act, Anti-Kickback Statute, healthcare fraud, and the Food, Drug \u0026amp; Cosmetic Act. \nPreviously, Adam served as a criminal Assistant United States Attorney in the Health Care Fraud/Opioid Abuse Prevention and Enforcement Unit in the District of New Jersey. In that role, he led a number of large-scale investigations and prosecutions of major pharmaceutical companies for healthcare fraud, diversion of controlled substances, and violations of the Federal Anti-Kickback Statute.  He also partnered with the DOJ’s Consumer Protection Branch on a significant investigation into potential violations by an opioid manufacturer and related individuals of the Food, Drug \u0026amp; Cosmetic Act.   \nPrior to his government service, Adam was a Partner at another AmLaw 50 firm where he oversaw complex investigations and regulatory matters for financial institutions and its employees. \nAdam is active within the LGBTQ+ community. He helped found Boston Colleges’ first gay-straight alliance and served on his prior firm’s Diversity \u0026amp; LGBTQ+ committees. He serves on Boston College Law School’s national alumni board and formerly served as a Corp member for Teach For America.   Partner Boston College Boston College Law School Boston College Boston College Law School Fordham University Fordham University School of Law U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York Conducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC. Represented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal. Represented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government. Represented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC. Represented a men’s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players. Represented a key figure in the “Bridgegate” matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney’s Office, District of New Jersey. Represented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney’s Office’s investigation of the downfall of the firm, successfully obtaining immunity for the client.","searchable_name":"Adam Baker","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":447593,"version":1,"owner_type":"Person","owner_id":3488,"payload":{"bio":"\u003cp\u003eJessica Beess und Chrostin is a partner in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes Group.\u0026nbsp; Jessica\u0026rsquo;s practice focuses on complex international dispute resolution, with particular expertise in high-stakes commercial, investor-state, construction, and global award enforcement disputes.\u0026nbsp; Jessica regularly represents clients in international disputes in the infrastructure, oil and gas, mining, construction, and renewable energy sectors, and has significant experience in consumer goods, real estate, and telecommunications disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJessica is a zealous advocate for her clients and strives tirelessly to ensure they receive the best legal representation. She understands that representing her clients\u0026rsquo; interests requires understanding their business and objectives, and tailoring the strategy to achieve the best possible outcome, whether inside or out of the hearing room. Jessica represents clients in arbitrations before all major arbitral forums, including the AAA, ICC, ICDR, ICSID, JAMS, LCIA, and SCC as well as ad hoc arbitrations, such as UNCITRAL. She is experienced in all phases of international arbitration and award enforcement, and handles disputes from inception to collection. Jessica also regularly represents clients global award recognition and enforcement efforts as coordinating counsel and in litigations before U.S. courts under the New York Convention and the Federal Arbitration Act.\u003c/p\u003e\n\u003cp\u003eJessica represents clients in jurisdictions across the world. Her matters include representing a wind farm owner in a construction arbitration dispute with a turbine supplier and operations \u0026amp; maintenance provider (concerning the latter\u0026rsquo;s failure to comply with O\u0026amp;M obligations and failure to remediate certain serial defects); representing a client in a multi-hundred million dollar commercial dispute with Oman over a project in the extractive industries (concerning certain licenses and failure to use best efforts to support the project); representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning the scope of environmental release agreements and due process violations by a court of Ecuador that issued a multi-billion dollar fraudulent judgment against Chevron); and representing a sovereign state in a global campaign to enforce an ICC arbitration award against another sovereign.\u003c/p\u003e\n\u003cp\u003eJessica is a frequent writer and speaker on topics relating to international arbitration and has been recognized by IFLR Americas as a Rising Star in Commercial Arbitration and by CPR as a Rising Star in Alternative Dispute Resolution. In 2023, she was awarded the prestigious Smit-Lowenfeld Prize, which recognizes annually an outstanding article published in the previous year on any aspect of international arbitration, for her article on \u0026ldquo;The Illegality Objection in Investor-State Arbitration\u0026rdquo; (co-authored with Caline Mouawad, published in\u0026nbsp;\u003cem\u003eArbitration International\u003c/em\u003e, Volume 37, Issue 1).\u003c/p\u003e\n\u003cp\u003eJessica is fluent in English and German, and proficient in French and Spanish. She received her J.D.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Harvard Law School and her B.A.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Columbia University. She has conducted legal studies at Cambridge University.\u003c/p\u003e","slug":"jessica-beess-und-chrostin","email":"jbeessundchrostin@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresenting sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award\u003c/p\u003e","\u003cp\u003eRepresenting numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy)\u003c/p\u003e","\u003cp\u003eRepresented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration)\u003c/p\u003e","\u003cp\u003eRepresented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages)\u003c/p\u003e","\u003cp\u003eRepresenting Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring,\u003cem\u003e\u0026nbsp;inter alia\u003c/em\u003e, that the Ecuadorian judgment was the product of fraud)\u003c/p\u003e","\u003cp\u003eRepresented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court\u0026rsquo;s annulment of a commercial arbitral award and related US enforcement proceedings)\u003c/p\u003e","\u003cp\u003eRepresented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award)\u003c/p\u003e","\u003cp\u003eRepresented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors)\u003c/p\u003e","\u003cp\u003eRepresented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented major telecommunications company in\u0026nbsp;\u003cem\u003ead hoc\u003c/em\u003e\u0026nbsp;arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims)\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":14,"guid":"14.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"},{"id":4,"guid":"4.capabilities","index":3,"source":"capabilities"},{"id":35,"guid":"35.capabilities","index":4,"source":"capabilities"},{"id":40,"guid":"40.capabilities","index":5,"source":"capabilities"},{"id":1303,"guid":"1303.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Beess und Chrostin","nick_name":"Jessica","clerkships":[],"first_name":"Jessica","title_rank":9999,"updated_by":202,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"2013-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Ones to Watch - New York","detail":"Best Lawyers in America 2025"},{"title":"Future Leaders","detail":"Who's Who Legal (WWL): Arbitration 2024"},{"title":"Rising ADR Stars 2023","detail":"International Institute for Conflict Prevention \u0026 Resolution"},{"title":"Rising Star Awards Americas, Commercial Arbitration","detail":"IFLR, 2020 and 2021"},{"title":"Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021","detail":"The International Arbitration Club of New York"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJessica Beess und Chrostin is a partner in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes Group.\u0026nbsp; Jessica\u0026rsquo;s practice focuses on complex international dispute resolution, with particular expertise in high-stakes commercial, investor-state, construction, and global award enforcement disputes.\u0026nbsp; Jessica regularly represents clients in international disputes in the infrastructure, oil and gas, mining, construction, and renewable energy sectors, and has significant experience in consumer goods, real estate, and telecommunications disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJessica is a zealous advocate for her clients and strives tirelessly to ensure they receive the best legal representation. She understands that representing her clients\u0026rsquo; interests requires understanding their business and objectives, and tailoring the strategy to achieve the best possible outcome, whether inside or out of the hearing room. Jessica represents clients in arbitrations before all major arbitral forums, including the AAA, ICC, ICDR, ICSID, JAMS, LCIA, and SCC as well as ad hoc arbitrations, such as UNCITRAL. She is experienced in all phases of international arbitration and award enforcement, and handles disputes from inception to collection. Jessica also regularly represents clients global award recognition and enforcement efforts as coordinating counsel and in litigations before U.S. courts under the New York Convention and the Federal Arbitration Act.\u003c/p\u003e\n\u003cp\u003eJessica represents clients in jurisdictions across the world. Her matters include representing a wind farm owner in a construction arbitration dispute with a turbine supplier and operations \u0026amp; maintenance provider (concerning the latter\u0026rsquo;s failure to comply with O\u0026amp;M obligations and failure to remediate certain serial defects); representing a client in a multi-hundred million dollar commercial dispute with Oman over a project in the extractive industries (concerning certain licenses and failure to use best efforts to support the project); representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning the scope of environmental release agreements and due process violations by a court of Ecuador that issued a multi-billion dollar fraudulent judgment against Chevron); and representing a sovereign state in a global campaign to enforce an ICC arbitration award against another sovereign.\u003c/p\u003e\n\u003cp\u003eJessica is a frequent writer and speaker on topics relating to international arbitration and has been recognized by IFLR Americas as a Rising Star in Commercial Arbitration and by CPR as a Rising Star in Alternative Dispute Resolution. In 2023, she was awarded the prestigious Smit-Lowenfeld Prize, which recognizes annually an outstanding article published in the previous year on any aspect of international arbitration, for her article on \u0026ldquo;The Illegality Objection in Investor-State Arbitration\u0026rdquo; (co-authored with Caline Mouawad, published in\u0026nbsp;\u003cem\u003eArbitration International\u003c/em\u003e, Volume 37, Issue 1).\u003c/p\u003e\n\u003cp\u003eJessica is fluent in English and German, and proficient in French and Spanish. She received her J.D.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Harvard Law School and her B.A.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Columbia University. She has conducted legal studies at Cambridge University.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award\u003c/p\u003e","\u003cp\u003eRepresenting numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy)\u003c/p\u003e","\u003cp\u003eRepresented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration)\u003c/p\u003e","\u003cp\u003eRepresented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages)\u003c/p\u003e","\u003cp\u003eRepresenting Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring,\u003cem\u003e\u0026nbsp;inter alia\u003c/em\u003e, that the Ecuadorian judgment was the product of fraud)\u003c/p\u003e","\u003cp\u003eRepresented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court\u0026rsquo;s annulment of a commercial arbitral award and related US enforcement proceedings)\u003c/p\u003e","\u003cp\u003eRepresented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award)\u003c/p\u003e","\u003cp\u003eRepresented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors)\u003c/p\u003e","\u003cp\u003eRepresented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented major telecommunications company in\u0026nbsp;\u003cem\u003ead hoc\u003c/em\u003e\u0026nbsp;arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims)\u003c/p\u003e"],"recognitions":[{"title":"Ones to Watch - New York","detail":"Best Lawyers in America 2025"},{"title":"Future Leaders","detail":"Who's Who Legal (WWL): Arbitration 2024"},{"title":"Rising ADR Stars 2023","detail":"International Institute for Conflict Prevention \u0026 Resolution"},{"title":"Rising Star Awards Americas, Commercial Arbitration","detail":"IFLR, 2020 and 2021"},{"title":"Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021","detail":"The International Arbitration Club of New York"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10178}]},"capability_group_id":3},"created_at":"2026-04-17T15:37:21.000Z","updated_at":"2026-04-17T15:37:21.000Z","searchable_text":"Beess und Chrostin{{ FIELD }}{:title=\u0026gt;\"Ones to Watch - New York\", :detail=\u0026gt;\"Best Lawyers in America 2025\"}{{ FIELD }}{:title=\u0026gt;\"Future Leaders\", :detail=\u0026gt;\"Who's Who Legal (WWL): Arbitration 2024\"}{{ FIELD }}{:title=\u0026gt;\"Rising ADR Stars 2023\", :detail=\u0026gt;\"International Institute for Conflict Prevention \u0026amp; Resolution\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star Awards Americas, Commercial Arbitration\", :detail=\u0026gt;\"IFLR, 2020 and 2021\"}{{ FIELD }}{:title=\u0026gt;\"Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021\", :detail=\u0026gt;\"The International Arbitration Club of New York\"}{{ FIELD }}Representing sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award{{ FIELD }}Representing numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy){{ FIELD }}Represented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration){{ FIELD }}Represented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages){{ FIELD }}Representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring, inter alia, that the Ecuadorian judgment was the product of fraud){{ FIELD }}Represented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court’s annulment of a commercial arbitral award and related US enforcement proceedings){{ FIELD }}Represented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award){{ FIELD }}Represented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors){{ FIELD }}Represented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award){{ FIELD }}Represented major telecommunications company in ad hoc arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award){{ FIELD }}Represented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims){{ FIELD }}Jessica Beess und Chrostin is a partner in King \u0026amp; Spalding’s Trial and Global Disputes Group.  Jessica’s practice focuses on complex international dispute resolution, with particular expertise in high-stakes commercial, investor-state, construction, and global award enforcement disputes.  Jessica regularly represents clients in international disputes in the infrastructure, oil and gas, mining, construction, and renewable energy sectors, and has significant experience in consumer goods, real estate, and telecommunications disputes.\nJessica is a zealous advocate for her clients and strives tirelessly to ensure they receive the best legal representation. She understands that representing her clients’ interests requires understanding their business and objectives, and tailoring the strategy to achieve the best possible outcome, whether inside or out of the hearing room. Jessica represents clients in arbitrations before all major arbitral forums, including the AAA, ICC, ICDR, ICSID, JAMS, LCIA, and SCC as well as ad hoc arbitrations, such as UNCITRAL. She is experienced in all phases of international arbitration and award enforcement, and handles disputes from inception to collection. Jessica also regularly represents clients global award recognition and enforcement efforts as coordinating counsel and in litigations before U.S. courts under the New York Convention and the Federal Arbitration Act.\nJessica represents clients in jurisdictions across the world. Her matters include representing a wind farm owner in a construction arbitration dispute with a turbine supplier and operations \u0026amp; maintenance provider (concerning the latter’s failure to comply with O\u0026amp;M obligations and failure to remediate certain serial defects); representing a client in a multi-hundred million dollar commercial dispute with Oman over a project in the extractive industries (concerning certain licenses and failure to use best efforts to support the project); representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning the scope of environmental release agreements and due process violations by a court of Ecuador that issued a multi-billion dollar fraudulent judgment against Chevron); and representing a sovereign state in a global campaign to enforce an ICC arbitration award against another sovereign.\nJessica is a frequent writer and speaker on topics relating to international arbitration and has been recognized by IFLR Americas as a Rising Star in Commercial Arbitration and by CPR as a Rising Star in Alternative Dispute Resolution. In 2023, she was awarded the prestigious Smit-Lowenfeld Prize, which recognizes annually an outstanding article published in the previous year on any aspect of international arbitration, for her article on “The Illegality Objection in Investor-State Arbitration” (co-authored with Caline Mouawad, published in Arbitration International, Volume 37, Issue 1).\nJessica is fluent in English and German, and proficient in French and Spanish. She received her J.D. cum laude from Harvard Law School and her B.A. cum laude from Columbia University. She has conducted legal studies at Cambridge University. Partner Ones to Watch - New York Best Lawyers in America 2025 Future Leaders Who's Who Legal (WWL): Arbitration 2024 Rising ADR Stars 2023 International Institute for Conflict Prevention \u0026amp; Resolution Rising Star Awards Americas, Commercial Arbitration IFLR, 2020 and 2021 Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021 The International Arbitration Club of New York Columbia University Columbia University School of Law Harvard University Harvard Law School University of Cambridge, UK  New York City Bar of New York, International Law Committee Representing sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award Representing numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy) Represented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration) Represented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages) Representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring, inter alia, that the Ecuadorian judgment was the product of fraud) Represented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court’s annulment of a commercial arbitral award and related US enforcement proceedings) Represented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award) Represented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors) Represented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award) Represented major telecommunications company in ad hoc arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award) Represented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims)","searchable_name":"Jessica Beess und Chrostin","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":427770,"version":1,"owner_type":"Person","owner_id":7090,"payload":{"bio":"\u003cp\u003eAllison Bell has experience with numerous capital markets transactions and corporate governance matters. Her capital markets practice focuses on the representation of domestic and foreign corporations and private equity firms, as issuers, or sponsors, in connection with initial and secondary public offerings and private placements of securities. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAllison received her Bachelor of Arts from Boston College and received her J.D. from Brooklyn Law School. While at Brooklyn Law School, Allison acted as Executive Articles editor of the \u003cem\u003eBrooklyn Journal of Corporate, Financial and Commercial Law. \u003c/em\u003e\u003c/p\u003e","slug":"allison-bell","email":"abell@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented \u003cstrong\u003eMorgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC\u003c/strong\u003e (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCompass Inc.\u003c/strong\u003e in its acquisition of Christie\u0026rsquo;s International Real Estate\u0026rsquo;s @properties valued at \u0026nbsp;approximately $450 million with a combination of cash/common stock.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eFocus Impact BH3 Acquisition Company\u003c/strong\u003e in connection with its $1.1 billion business combination transaction with XCF Global, Inc.\u0026nbsp;\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":26,"guid":"26.capabilities","index":1,"source":"capabilities"},{"id":27,"guid":"27.capabilities","index":2,"source":"capabilities"},{"id":10,"guid":"10.capabilities","index":3,"source":"capabilities"}],"is_active":true,"last_name":"Bell","nick_name":"Allison","clerkships":[],"first_name":"Allison","title_rank":9999,"updated_by":34,"law_schools":[{"id":2705,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2015-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/allison-bell-a8652956","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAllison Bell has experience with numerous capital markets transactions and corporate governance matters. Her capital markets practice focuses on the representation of domestic and foreign corporations and private equity firms, as issuers, or sponsors, in connection with initial and secondary public offerings and private placements of securities. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAllison received her Bachelor of Arts from Boston College and received her J.D. from Brooklyn Law School. While at Brooklyn Law School, Allison acted as Executive Articles editor of the \u003cem\u003eBrooklyn Journal of Corporate, Financial and Commercial Law. \u003c/em\u003e\u003c/p\u003e","matters":["\u003cp\u003eRepresented \u003cstrong\u003eMorgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC\u003c/strong\u003e (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCompass Inc.\u003c/strong\u003e in its acquisition of Christie\u0026rsquo;s International Real Estate\u0026rsquo;s @properties valued at \u0026nbsp;approximately $450 million with a combination of cash/common stock.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eFocus Impact BH3 Acquisition Company\u003c/strong\u003e in connection with its $1.1 billion business combination transaction with XCF Global, Inc.\u0026nbsp;\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12793}]},"capability_group_id":1},"created_at":"2025-05-27T16:01:49.000Z","updated_at":"2025-05-27T16:01:49.000Z","searchable_text":"Bell{{ FIELD }}Represented Morgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc.{{ FIELD }}Represented Compass Inc. in its acquisition of Christie’s International Real Estate’s @properties valued at  approximately $450 million with a combination of cash/common stock. {{ FIELD }}Represented Focus Impact BH3 Acquisition Company in connection with its $1.1 billion business combination transaction with XCF Global, Inc. {{ FIELD }}Allison Bell has experience with numerous capital markets transactions and corporate governance matters. Her capital markets practice focuses on the representation of domestic and foreign corporations and private equity firms, as issuers, or sponsors, in connection with initial and secondary public offerings and private placements of securities. \nAllison received her Bachelor of Arts from Boston College and received her J.D. from Brooklyn Law School. While at Brooklyn Law School, Allison acted as Executive Articles editor of the Brooklyn Journal of Corporate, Financial and Commercial Law.  Partner Boston College Boston College Law School Brooklyn Law School Brooklyn Law School New York Represented Morgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc. Represented Compass Inc. in its acquisition of Christie’s International Real Estate’s @properties valued at  approximately $450 million with a combination of cash/common stock.  Represented Focus Impact BH3 Acquisition Company in connection with its $1.1 billion business combination transaction with XCF Global, Inc. ","searchable_name":"Allison Bell","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":447427,"version":1,"owner_type":"Person","owner_id":5636,"payload":{"bio":"\u003cp\u003eKaty\u0026nbsp;Berger is a partner\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Finance \u0026amp; Restructuring practice. Katy represents financial institutions, funds, asset managers and institutional investors in structured warehouse facilities, safe harbored repurchase facilities,\u0026nbsp;subscription facilities, securitizations, private placements, receivables financing transactions, and other specialty finance transactions across a variety of asset classes.\u003c/p\u003e\n\u003cp\u003eKaty is a fellow of the American College of Investment Counsel.\u003c/p\u003e","slug":"katy-berger","email":"kberger@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":26,"guid":"26.capabilities","index":1,"source":"capabilities"},{"id":73,"guid":"73.capabilities","index":2,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":3,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":4,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":5,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"},{"id":1252,"guid":"1252.smart_tags","index":7,"source":"smartTags"},{"id":1261,"guid":"1261.smart_tags","index":8,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":9,"source":"smartTags"},{"id":134,"guid":"134.capabilities","index":10,"source":"capabilities"}],"is_active":true,"last_name":"Berger","nick_name":"Katy","clerkships":[],"first_name":"Katy","title_rank":9999,"updated_by":202,"law_schools":[{"id":722,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eKaty\u0026nbsp;Berger is a partner\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Finance \u0026amp; Restructuring practice. Katy represents financial institutions, funds, asset managers and institutional investors in structured warehouse facilities, safe harbored repurchase facilities,\u0026nbsp;subscription facilities, securitizations, private placements, receivables financing transactions, and other specialty finance transactions across a variety of asset classes.\u003c/p\u003e\n\u003cp\u003eKaty is a fellow of the American College of Investment Counsel.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":7346}]},"capability_group_id":1},"created_at":"2026-04-08T21:13:17.000Z","updated_at":"2026-04-08T21:13:17.000Z","searchable_text":"Berger{{ FIELD }}Katy Berger is a partner in King \u0026amp; Spalding’s Finance \u0026amp; Restructuring practice. Katy represents financial institutions, funds, asset managers and institutional investors in structured warehouse facilities, safe harbored repurchase facilities, subscription facilities, securitizations, private placements, receivables financing transactions, and other specialty finance transactions across a variety of asset classes.\nKaty is a fellow of the American College of Investment Counsel. Partner Cornell University Cornell Law School Fordham University Fordham University School of Law New York American College of Investment Counsel (ACIC), Fellow","searchable_name":"Katy Berger","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":445539,"version":1,"owner_type":"Person","owner_id":6785,"payload":{"bio":"\u003cp\u003eDana Berkowitz represents healthcare providers in\u0026nbsp;a variety of high-stakes matters,\u0026nbsp;including reimbursement disputes, regulatory proceedings,\u0026nbsp;and commercial litigation and arbitration.\u0026nbsp; She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf. \u0026nbsp;Dana has deep expertise in ERISA and behavioral healthcare. \u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;describes her as \u0026ldquo;the full package\u0026rdquo; and \u0026ldquo;a gifted litigator and strategist\u0026rdquo; who is \u0026ldquo;knowledgeable and solutions-based.\u0026rdquo;\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e\u0026nbsp;calls Dana \u0026ldquo;a superlative advocate and tactician.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDana has a\u0026nbsp;long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.\u0026nbsp; Her practice focuses on managed care litigation and arbitration.\u0026nbsp; Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.\u0026nbsp; Dana also advises providers on best practices, often in anticipation of sale.\u003c/p\u003e\n\u003cp\u003eDana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.\u0026nbsp; For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.\u0026nbsp; In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.\u0026nbsp; And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.\u0026nbsp; Dana has also briefed and argued\u0026nbsp;high-profile appeals in federal and state courts across the nation.\u003c/p\u003e\n\u003cp\u003eSince 2022,\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;has recognized Dana as one of the top ERISA litigators in the nation.\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e says that she is \u0026ldquo;unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.\u0026rdquo;\u0026nbsp; Dana has also been listed as a leading lawyer under 40 in \u003cem\u003eBenchmark Litigation\u003c/em\u003e and \u003cem\u003eNew York Law Journal\u003c/em\u003e.\u0026nbsp;\u003c/p\u003e","slug":"dana-berkowitz","email":"dberkowitz@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eLead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHammell v. Pilot Products, Inc. Defined Benefit Pension Plan\u003c/em\u003e.\u003c/strong\u003e\u0026nbsp;Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys\u0026rsquo; fees.\u003c/p\u003e","\u003cp\u003eLead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGrasshopper House LLC v. Clean \u0026amp; Sober Media LLC.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003eFirst-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eResolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Creative Care.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eFirst-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.\u003c/p\u003e","\u003cp\u003eLead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBechard v. Brody.\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":3251}]},"expertise":[{"id":24,"guid":"24.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":502,"guid":"502.smart_tags","index":5,"source":"smartTags"},{"id":740,"guid":"740.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Berkowitz","nick_name":"Dana","clerkships":[],"first_name":"Dana","title_rank":9999,"updated_by":202,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"2011-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"\"She is a superlative advocate and tactician.\"","detail":"Legal 500, 2025"},{"title":"\"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\"","detail":"Chambers USA, 2025"},{"title":"Ranked in \"ERISA Litigation: Mainly Plaintiffs (Nationwide)\"","detail":"Chambers USA, 2022-25"},{"title":"Future Star","detail":"Benchmark Litigation, 2023"},{"title":"40 and Under Hot List","detail":"Benchmark Litigation, 2021-2022, 2024"},{"title":"Rising Star","detail":"New York Law Journal, 2018"}],"linked_in_url":null,"seodescription":"Dana is a lawyer at King \u0026 Spalding's New York Office. Read more about her.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDana Berkowitz represents healthcare providers in\u0026nbsp;a variety of high-stakes matters,\u0026nbsp;including reimbursement disputes, regulatory proceedings,\u0026nbsp;and commercial litigation and arbitration.\u0026nbsp; She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf. \u0026nbsp;Dana has deep expertise in ERISA and behavioral healthcare. \u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;describes her as \u0026ldquo;the full package\u0026rdquo; and \u0026ldquo;a gifted litigator and strategist\u0026rdquo; who is \u0026ldquo;knowledgeable and solutions-based.\u0026rdquo;\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e\u0026nbsp;calls Dana \u0026ldquo;a superlative advocate and tactician.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDana has a\u0026nbsp;long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.\u0026nbsp; Her practice focuses on managed care litigation and arbitration.\u0026nbsp; Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.\u0026nbsp; Dana also advises providers on best practices, often in anticipation of sale.\u003c/p\u003e\n\u003cp\u003eDana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.\u0026nbsp; For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.\u0026nbsp; In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.\u0026nbsp; And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.\u0026nbsp; Dana has also briefed and argued\u0026nbsp;high-profile appeals in federal and state courts across the nation.\u003c/p\u003e\n\u003cp\u003eSince 2022,\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;has recognized Dana as one of the top ERISA litigators in the nation.\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e says that she is \u0026ldquo;unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.\u0026rdquo;\u0026nbsp; Dana has also been listed as a leading lawyer under 40 in \u003cem\u003eBenchmark Litigation\u003c/em\u003e and \u003cem\u003eNew York Law Journal\u003c/em\u003e.\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eLead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHammell v. Pilot Products, Inc. Defined Benefit Pension Plan\u003c/em\u003e.\u003c/strong\u003e\u0026nbsp;Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys\u0026rsquo; fees.\u003c/p\u003e","\u003cp\u003eLead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGrasshopper House LLC v. Clean \u0026amp; Sober Media LLC.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003eFirst-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eResolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Creative Care.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eFirst-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.\u003c/p\u003e","\u003cp\u003eLead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBechard v. Brody.\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.\u003c/p\u003e"],"recognitions":[{"title":"\"She is a superlative advocate and tactician.\"","detail":"Legal 500, 2025"},{"title":"\"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\"","detail":"Chambers USA, 2025"},{"title":"Ranked in \"ERISA Litigation: Mainly Plaintiffs (Nationwide)\"","detail":"Chambers USA, 2022-25"},{"title":"Future Star","detail":"Benchmark Litigation, 2023"},{"title":"40 and Under Hot List","detail":"Benchmark Litigation, 2021-2022, 2024"},{"title":"Rising Star","detail":"New York Law Journal, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11963}]},"capability_group_id":2},"created_at":"2026-02-03T16:24:39.000Z","updated_at":"2026-02-03T16:24:39.000Z","searchable_text":"Berkowitz{{ FIELD }}{:title=\u0026gt;\"\\\"She is a superlative advocate and tactician.\\\"\", :detail=\u0026gt;\"Legal 500, 2025\"}{{ FIELD }}{:title=\u0026gt;\"\\\"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\\\"\", :detail=\u0026gt;\"Chambers USA, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Ranked in \\\"ERISA Litigation: Mainly Plaintiffs (Nationwide)\\\"\", :detail=\u0026gt;\"Chambers USA, 2022-25\"}{{ FIELD }}{:title=\u0026gt;\"Future Star\", :detail=\u0026gt;\"Benchmark Litigation, 2023\"}{{ FIELD }}{:title=\u0026gt;\"40 and Under Hot List\", :detail=\u0026gt;\"Benchmark Litigation, 2021-2022, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star\", :detail=\u0026gt;\"New York Law Journal, 2018\"}{{ FIELD }}Parties Confidential. Lead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.{{ FIELD }}Hammell v. Pilot Products, Inc. Defined Benefit Pension Plan. Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys’ fees.{{ FIELD }}Lead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.{{ FIELD }}Grasshopper House LLC v. Clean \u0026amp; Sober Media LLC. First-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.{{ FIELD }}Parties Confidential. Resolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.{{ FIELD }}In re Creative Care. First-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.{{ FIELD }}Lead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.{{ FIELD }}Bechard v. Brody. Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.{{ FIELD }}Dana Berkowitz represents healthcare providers in a variety of high-stakes matters, including reimbursement disputes, regulatory proceedings, and commercial litigation and arbitration.  She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf.  Dana has deep expertise in ERISA and behavioral healthcare.  Chambers USA describes her as “the full package” and “a gifted litigator and strategist” who is “knowledgeable and solutions-based.”  Legal500 calls Dana “a superlative advocate and tactician.”\nDana has a long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.  Her practice focuses on managed care litigation and arbitration.  Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.  Dana also advises providers on best practices, often in anticipation of sale.\nDana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.  For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.  In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.  And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.  Dana has also briefed and argued high-profile appeals in federal and state courts across the nation.\nSince 2022, Chambers USA has recognized Dana as one of the top ERISA litigators in the nation.  Legal500 says that she is “unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.”  Dana has also been listed as a leading lawyer under 40 in Benchmark Litigation and New York Law Journal.  Dana Berkowitz lawyer Partner \"She is a superlative advocate and tactician.\" Legal 500, 2025 \"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\" Chambers USA, 2025 Ranked in \"ERISA Litigation: Mainly Plaintiffs (Nationwide)\" Chambers USA, 2022-25 Future Star Benchmark Litigation, 2023 40 and Under Hot List Benchmark Litigation, 2021-2022, 2024 Rising Star New York Law Journal, 2018 Princeton University  Harvard University Harvard Law School U.S. Court of Appeals for the Federal Circuit Supreme Court of the United States U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Ninth Circuit Central District of California California New York American Bar Association, Employee Benefits Committee Parties Confidential. Lead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer. Hammell v. Pilot Products, Inc. Defined Benefit Pension Plan. Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys’ fees. Lead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms. Grasshopper House LLC v. Clean \u0026amp; Sober Media LLC. First-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff. Parties Confidential. Resolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss. In re Creative Care. First-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client. Lead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss. Bechard v. Brody. Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.","searchable_name":"Dana Berkowitz","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":436688,"version":1,"owner_type":"Person","owner_id":3236,"payload":{"bio":"\u003cp\u003ePaul Bessette, who serves as co-chair of the Firm\u0026rsquo;s Corporate \u0026amp; Securities Litigation Practice, defends clients in securities and shareholder litigation, government investigations and enforcement actions, and complex business disputes throughout the United States.\u0026nbsp; For more than 30 years, Paul has represented companies, officers and directors, underwriters and accountants in securities fraud class actions, shareholder derivative litigation, regulatory investigations and bankruptcy D\u0026amp;O litigation. \u0026nbsp;He regularly works with board\u0026nbsp;committees leading internal investigations and advising companies on governance and fiduciary duty issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePaul is ranked by\u0026nbsp;\u003cem\u003eChambers,\u003c/em\u003e\u0026nbsp;\u003cem\u003eBest Lawyers in America,\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLegal 500\u003c/em\u003e, among others, and has been recognized by\u0026nbsp;\u003cem\u003eSuper Lawyers\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLawdragon.\u0026nbsp;\u003c/em\u003e\u0026nbsp;He is rated AV\u0026reg; Preeminent\u0026trade; by Martindale-Hubbel.\u0026nbsp; Client and peer reviews in\u0026nbsp;\u003cem\u003eChambers\u003c/em\u003e\u0026nbsp;say Paul\u0026nbsp;\u003cem\u003e\u0026ldquo;has a fast growing reputation for the quality of his representation in a wide range of securities matters.\u0026nbsp; Market sources laud his ability to engage with company directors, saying that he \u0026lsquo;is a very strong boardroom guy with a good team around him\u003c/em\u003e.\u0026rdquo;\u0026rsquo; \u0026nbsp;\u003cem\u003e\u0026ldquo;Practicing in this area is an art, and he is very good at it.\u0026rdquo;\u003c/em\u003e\u003c/p\u003e\n\u003cp\u003ePaul frequently speaks and writes on shareholder litigation, corporate disclosure, corporate governance and related topics. He has authored numerous securities-related articles for publications including\u0026nbsp;\u003cem\u003eABA Business Law Today, Insights, Financial Executive, Law360, Financial fraud Law Report, The D\u0026amp;O Diary, Bloomberg Law Reports, National Underwriter\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eThe Securities Reporter.\u003c/em\u003e\u003c/p\u003e","slug":"paul-bessette","email":"pbessette@kslaw.com","phone":"+1-512-940-6250","matters":["\u003cp\u003eSignificant Matters\u003c/p\u003e","\u003cp\u003e\u003cem\u003eDigital Turbine, Inc.:\u0026nbsp;\u003c/em\u003eWe represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eSolarWinds Corp\u003c/em\u003e.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds\u0026rsquo; December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds\u0026rsquo;s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as \u0026ldquo;the largest and most sophisticated\u0026rdquo; cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds\u0026rsquo; former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement.\u003c/p\u003e","\u003cp\u003e\u003cem\u003ePhunware, Inc\u003c/em\u003e.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware\u0026rsquo;s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware\u0026rsquo;s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs\u0026rsquo; partial motion for summary judgment on the Delaware statutory claim.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eShattuck Labs\u003c/em\u003e: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re PolatityTE:\u003c/em\u003e\u0026nbsp;We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss\u0026mdash;the second with prejudice. We worked with the client to understand PolarityTE\u0026rsquo;s business and the applicable FDA regulations to be able to draft compelling motions to dismiss.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eEvolent Health, Inc\u003c/em\u003e.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed \u0026ldquo;rocket docket\u0026rdquo; timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eAdeptus Health, Inc.:\u0026nbsp;\u003c/em\u003eWe defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus\u0026rsquo;s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus\u0026rsquo;s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFXCM, Inc.\u003c/em\u003e: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank\u0026rsquo;s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM\u0026rsquo;s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App\u0026rsquo;x 139 (2nd Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Hanger, Inc.\u003c/em\u003e: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created \u0026ldquo;cookie jar\u0026rdquo; reserves to smooth earnings and set an inappropriate \u0026ldquo;tone at the top.\u0026rdquo; In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing\u0026nbsp;\u003cem\u003een banc,\u003c/em\u003e\u0026nbsp;the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court\u0026rsquo;s dismissal with prejudice. The panel held that the plaintiffs\u0026rsquo; allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants\u0026rsquo; state of mind. 768 Fed. App\u0026rsquo;x 175 (5th Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eNeiman v. Bulmahn, et al\u003c/em\u003e.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP\u0026rsquo;s former officers of committing securities fraud by misrepresenting various aspects of the company\u0026rsquo;s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re SemCrude L.P.:\u003c/em\u003e\u0026nbsp;Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eMiyahira v. Vitacost.com, Inc.:\u003c/em\u003e\u0026nbsp;Obtained a full dismissal of plaintiff\u0026rsquo;s claims under the Securities Act of 1933 for misleading statements in Vitacost\u0026rsquo;s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff\u0026rsquo;s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eBell v. Ascendant Solutions, Inc.:\u003c/em\u003e\u0026nbsp;Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company\u0026rsquo;s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Crossroads Systems, Inc. Securities Litigation:\u003c/em\u003e\u0026nbsp;Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in\u0026nbsp;\u003cem\u003eGreenberg v. Crossroads Sys., Inc.\u003c/em\u003e, 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a \u0026sect;10(b) securities-fraud claim.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":132}]},"expertise":[{"id":19,"guid":"19.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":2,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":104,"guid":"104.capabilities","index":5,"source":"capabilities"},{"id":766,"guid":"766.smart_tags","index":6,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":7,"source":"capabilities"},{"id":126,"guid":"126.capabilities","index":8,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":9,"source":"smartTags"}],"is_active":true,"last_name":"Bessette","nick_name":"Paul","clerkships":[],"first_name":"Paul","title_rank":9999,"updated_by":35,"law_schools":[],"middle_name":"R.","name_suffix":"","recognitions":[{"title":"Fellow, Litigation Counsel of America","detail":"Litigation Counsel of America, 2024"},{"title":"Recognized by Leading Lawyers of America","detail":"Leading Lawyers of America, 2024"},{"title":"\"Paul is great at handling complexity.\" \"Paul is really well-spoken advocate. He is very succinct.\"","detail":"Bank 1: Litigation: Securities, Chambers 2024"},{"title":"Recommended for Securities Litigation Defense","detail":"Legal 500 United States 2024 Guide"},{"title":"\"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\"","detail":"Chambers USA 2023, Band 1"},{"title":"Recognized by Best Lawyer","detail":"The Best Lawyers in America - 2023"},{"title":"\"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026 responsiveness.\"","detail":"Chambers USA, Litigation, 2022, Business Today 2023"},{"title":"\"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\"","detail":"Chambers, 2021"},{"title":"Acts on behalf of corporations and their Ds\u0026Os in high-stakes securities litigation, including enforcement actions.","detail":"Chambers USA, 2020, Band 2"},{"title":"Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions.","detail":"Chambers, Litigation: Securities-Texas 2019, Band 2"},{"title":"\"An expert in the area and knows it extraordinarily well\" “Practicing in this area is an art, and he is very good at it\"","detail":"Chambers USA 2018, Band 2"},{"title":"Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.”","detail":"Chambers USA, 2016"},{"title":"“Market sources laud his ability to engage with company directors”","detail":"Chambers USA, 2016"},{"title":"Paul “is a very strong boardroom guy with a good team around him.”","detail":"Chambers USA, 2016"},{"title":"“Strength in a full range of securities litigation matters.”","detail":"U.S. News \u0026 World Report, 2015"},{"title":"Recognized for Securities Litigation ","detail":"The Best Lawyers in America, 2011–2025"},{"title":"One of \"100 Lawyers You Need to Know in Securities Litigation\"","detail":"Lawdragon, 2008"},{"title":"One of \"3000 Leading Lawyers in America\"","detail":"Lawdragon.com, 2006, 2010–2011"},{"title":"Recognized by Texas Super Lawyers ","detail":"Super Lawyers magazine, 2007–2019"},{"title":"Recognized for Securities Litigation","detail":"Super Lawyers, Corporate Counsel Edition, 2009–2010"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003ePaul Bessette, who serves as co-chair of the Firm\u0026rsquo;s Corporate \u0026amp; Securities Litigation Practice, defends clients in securities and shareholder litigation, government investigations and enforcement actions, and complex business disputes throughout the United States.\u0026nbsp; For more than 30 years, Paul has represented companies, officers and directors, underwriters and accountants in securities fraud class actions, shareholder derivative litigation, regulatory investigations and bankruptcy D\u0026amp;O litigation. \u0026nbsp;He regularly works with board\u0026nbsp;committees leading internal investigations and advising companies on governance and fiduciary duty issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePaul is ranked by\u0026nbsp;\u003cem\u003eChambers,\u003c/em\u003e\u0026nbsp;\u003cem\u003eBest Lawyers in America,\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLegal 500\u003c/em\u003e, among others, and has been recognized by\u0026nbsp;\u003cem\u003eSuper Lawyers\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLawdragon.\u0026nbsp;\u003c/em\u003e\u0026nbsp;He is rated AV\u0026reg; Preeminent\u0026trade; by Martindale-Hubbel.\u0026nbsp; Client and peer reviews in\u0026nbsp;\u003cem\u003eChambers\u003c/em\u003e\u0026nbsp;say Paul\u0026nbsp;\u003cem\u003e\u0026ldquo;has a fast growing reputation for the quality of his representation in a wide range of securities matters.\u0026nbsp; Market sources laud his ability to engage with company directors, saying that he \u0026lsquo;is a very strong boardroom guy with a good team around him\u003c/em\u003e.\u0026rdquo;\u0026rsquo; \u0026nbsp;\u003cem\u003e\u0026ldquo;Practicing in this area is an art, and he is very good at it.\u0026rdquo;\u003c/em\u003e\u003c/p\u003e\n\u003cp\u003ePaul frequently speaks and writes on shareholder litigation, corporate disclosure, corporate governance and related topics. He has authored numerous securities-related articles for publications including\u0026nbsp;\u003cem\u003eABA Business Law Today, Insights, Financial Executive, Law360, Financial fraud Law Report, The D\u0026amp;O Diary, Bloomberg Law Reports, National Underwriter\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eThe Securities Reporter.\u003c/em\u003e\u003c/p\u003e","matters":["\u003cp\u003eSignificant Matters\u003c/p\u003e","\u003cp\u003e\u003cem\u003eDigital Turbine, Inc.:\u0026nbsp;\u003c/em\u003eWe represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eSolarWinds Corp\u003c/em\u003e.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds\u0026rsquo; December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds\u0026rsquo;s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as \u0026ldquo;the largest and most sophisticated\u0026rdquo; cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds\u0026rsquo; former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement.\u003c/p\u003e","\u003cp\u003e\u003cem\u003ePhunware, Inc\u003c/em\u003e.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware\u0026rsquo;s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware\u0026rsquo;s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs\u0026rsquo; partial motion for summary judgment on the Delaware statutory claim.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eShattuck Labs\u003c/em\u003e: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re PolatityTE:\u003c/em\u003e\u0026nbsp;We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss\u0026mdash;the second with prejudice. We worked with the client to understand PolarityTE\u0026rsquo;s business and the applicable FDA regulations to be able to draft compelling motions to dismiss.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eEvolent Health, Inc\u003c/em\u003e.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed \u0026ldquo;rocket docket\u0026rdquo; timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eAdeptus Health, Inc.:\u0026nbsp;\u003c/em\u003eWe defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus\u0026rsquo;s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus\u0026rsquo;s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFXCM, Inc.\u003c/em\u003e: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank\u0026rsquo;s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM\u0026rsquo;s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App\u0026rsquo;x 139 (2nd Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Hanger, Inc.\u003c/em\u003e: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created \u0026ldquo;cookie jar\u0026rdquo; reserves to smooth earnings and set an inappropriate \u0026ldquo;tone at the top.\u0026rdquo; In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing\u0026nbsp;\u003cem\u003een banc,\u003c/em\u003e\u0026nbsp;the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court\u0026rsquo;s dismissal with prejudice. The panel held that the plaintiffs\u0026rsquo; allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants\u0026rsquo; state of mind. 768 Fed. App\u0026rsquo;x 175 (5th Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eNeiman v. Bulmahn, et al\u003c/em\u003e.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP\u0026rsquo;s former officers of committing securities fraud by misrepresenting various aspects of the company\u0026rsquo;s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re SemCrude L.P.:\u003c/em\u003e\u0026nbsp;Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eMiyahira v. Vitacost.com, Inc.:\u003c/em\u003e\u0026nbsp;Obtained a full dismissal of plaintiff\u0026rsquo;s claims under the Securities Act of 1933 for misleading statements in Vitacost\u0026rsquo;s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff\u0026rsquo;s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eBell v. Ascendant Solutions, Inc.:\u003c/em\u003e\u0026nbsp;Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company\u0026rsquo;s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Crossroads Systems, Inc. Securities Litigation:\u003c/em\u003e\u0026nbsp;Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in\u0026nbsp;\u003cem\u003eGreenberg v. Crossroads Sys., Inc.\u003c/em\u003e, 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a \u0026sect;10(b) securities-fraud claim.\u003c/p\u003e"],"recognitions":[{"title":"Fellow, Litigation Counsel of America","detail":"Litigation Counsel of America, 2024"},{"title":"Recognized by Leading Lawyers of America","detail":"Leading Lawyers of America, 2024"},{"title":"\"Paul is great at handling complexity.\" \"Paul is really well-spoken advocate. He is very succinct.\"","detail":"Bank 1: Litigation: Securities, Chambers 2024"},{"title":"Recommended for Securities Litigation Defense","detail":"Legal 500 United States 2024 Guide"},{"title":"\"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\"","detail":"Chambers USA 2023, Band 1"},{"title":"Recognized by Best Lawyer","detail":"The Best Lawyers in America - 2023"},{"title":"\"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026 responsiveness.\"","detail":"Chambers USA, Litigation, 2022, Business Today 2023"},{"title":"\"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\"","detail":"Chambers, 2021"},{"title":"Acts on behalf of corporations and their Ds\u0026Os in high-stakes securities litigation, including enforcement actions.","detail":"Chambers USA, 2020, Band 2"},{"title":"Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions.","detail":"Chambers, Litigation: Securities-Texas 2019, Band 2"},{"title":"\"An expert in the area and knows it extraordinarily well\" “Practicing in this area is an art, and he is very good at it\"","detail":"Chambers USA 2018, Band 2"},{"title":"Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.”","detail":"Chambers USA, 2016"},{"title":"“Market sources laud his ability to engage with company directors”","detail":"Chambers USA, 2016"},{"title":"Paul “is a very strong boardroom guy with a good team around him.”","detail":"Chambers USA, 2016"},{"title":"“Strength in a full range of securities litigation matters.”","detail":"U.S. News \u0026 World Report, 2015"},{"title":"Recognized for Securities Litigation ","detail":"The Best Lawyers in America, 2011–2025"},{"title":"One of \"100 Lawyers You Need to Know in Securities Litigation\"","detail":"Lawdragon, 2008"},{"title":"One of \"3000 Leading Lawyers in America\"","detail":"Lawdragon.com, 2006, 2010–2011"},{"title":"Recognized by Texas Super Lawyers ","detail":"Super Lawyers magazine, 2007–2019"},{"title":"Recognized for Securities Litigation","detail":"Super Lawyers, Corporate Counsel Edition, 2009–2010"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":4186}]},"capability_group_id":3},"created_at":"2025-09-04T21:52:53.000Z","updated_at":"2025-09-04T21:52:53.000Z","searchable_text":"Bessette{{ FIELD }}{:title=\u0026gt;\"Fellow, Litigation Counsel of America\", :detail=\u0026gt;\"Litigation Counsel of America, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Recognized by Leading Lawyers of America\", :detail=\u0026gt;\"Leading Lawyers of America, 2024\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Paul is great at handling complexity.\\\" \\\"Paul is really well-spoken advocate. He is very succinct.\\\"\", :detail=\u0026gt;\"Bank 1: Litigation: Securities, Chambers 2024\"}{{ FIELD }}{:title=\u0026gt;\"Recommended for Securities Litigation Defense\", :detail=\u0026gt;\"Legal 500 United States 2024 Guide\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\\\"\", :detail=\u0026gt;\"Chambers USA 2023, Band 1\"}{{ FIELD }}{:title=\u0026gt;\"Recognized by Best Lawyer\", :detail=\u0026gt;\"The Best Lawyers in America - 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026amp; responsiveness.\\\"\", :detail=\u0026gt;\"Chambers USA, Litigation, 2022, Business Today 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\\\"\", :detail=\u0026gt;\"Chambers, 2021\"}{{ FIELD }}{:title=\u0026gt;\"Acts on behalf of corporations and their Ds\u0026amp;Os in high-stakes securities litigation, including enforcement actions.\", :detail=\u0026gt;\"Chambers USA, 2020, Band 2\"}{{ FIELD }}{:title=\u0026gt;\"Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions.\", :detail=\u0026gt;\"Chambers, Litigation: Securities-Texas 2019, Band 2\"}{{ FIELD }}{:title=\u0026gt;\"\\\"An expert in the area and knows it extraordinarily well\\\" “Practicing in this area is an art, and he is very good at it\\\"\", :detail=\u0026gt;\"Chambers USA 2018, Band 2\"}{{ FIELD }}{:title=\u0026gt;\"Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.”\", :detail=\u0026gt;\"Chambers USA, 2016\"}{{ FIELD }}{:title=\u0026gt;\"“Market sources laud his ability to engage with company directors”\", :detail=\u0026gt;\"Chambers USA, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Paul “is a very strong boardroom guy with a good team around him.”\", :detail=\u0026gt;\"Chambers USA, 2016\"}{{ FIELD }}{:title=\u0026gt;\"“Strength in a full range of securities litigation matters.”\", :detail=\u0026gt;\"U.S. News \u0026amp; World Report, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Recognized for Securities Litigation \", :detail=\u0026gt;\"The Best Lawyers in America, 2011–2025\"}{{ FIELD }}{:title=\u0026gt;\"One of \\\"100 Lawyers You Need to Know in Securities Litigation\\\"\", :detail=\u0026gt;\"Lawdragon, 2008\"}{{ FIELD }}{:title=\u0026gt;\"One of \\\"3000 Leading Lawyers in America\\\"\", :detail=\u0026gt;\"Lawdragon.com, 2006, 2010–2011\"}{{ FIELD }}{:title=\u0026gt;\"Recognized by Texas Super Lawyers \", :detail=\u0026gt;\"Super Lawyers magazine, 2007–2019\"}{{ FIELD }}{:title=\u0026gt;\"Recognized for Securities Litigation\", :detail=\u0026gt;\"Super Lawyers, Corporate Counsel Edition, 2009–2010\"}{{ FIELD }}Significant Matters{{ FIELD }}Digital Turbine, Inc.: We represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024.{{ FIELD }}SolarWinds Corp.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds’ December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds’s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as “the largest and most sophisticated” cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds’ former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement.{{ FIELD }}Phunware, Inc.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware’s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware’s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs’ partial motion for summary judgment on the Delaware statutory claim.{{ FIELD }}Shattuck Labs: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply{{ FIELD }}In re PolatityTE: We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss—the second with prejudice. We worked with the client to understand PolarityTE’s business and the applicable FDA regulations to be able to draft compelling motions to dismiss.{{ FIELD }}Evolent Health, Inc.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed “rocket docket” timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session.{{ FIELD }}Adeptus Health, Inc.: We defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus’s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus’s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well.{{ FIELD }}FXCM, Inc.: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank’s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM’s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App’x 139 (2nd Cir. 2019).{{ FIELD }}In re Hanger, Inc.: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created “cookie jar” reserves to smooth earnings and set an inappropriate “tone at the top.” In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing en banc, the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court’s dismissal with prejudice. The panel held that the plaintiffs’ allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants’ state of mind. 768 Fed. App’x 175 (5th Cir. 2019).{{ FIELD }}Neiman v. Bulmahn, et al.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP’s former officers of committing securities fraud by misrepresenting various aspects of the company’s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017).{{ FIELD }}In re SemCrude L.P.: Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015).{{ FIELD }}Miyahira v. Vitacost.com, Inc.: Obtained a full dismissal of plaintiff’s claims under the Securities Act of 1933 for misleading statements in Vitacost’s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff’s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013).{{ FIELD }}Bell v. Ascendant Solutions, Inc.: Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company’s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).{{ FIELD }}In re Crossroads Systems, Inc. Securities Litigation: Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in Greenberg v. Crossroads Sys., Inc., 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a §10(b) securities-fraud claim.{{ FIELD }}Paul Bessette, who serves as co-chair of the Firm’s Corporate \u0026amp; Securities Litigation Practice, defends clients in securities and shareholder litigation, government investigations and enforcement actions, and complex business disputes throughout the United States.  For more than 30 years, Paul has represented companies, officers and directors, underwriters and accountants in securities fraud class actions, shareholder derivative litigation, regulatory investigations and bankruptcy D\u0026amp;O litigation.  He regularly works with board committees leading internal investigations and advising companies on governance and fiduciary duty issues. \nPaul is ranked by Chambers, Best Lawyers in America, and Legal 500, among others, and has been recognized by Super Lawyers and Lawdragon.  He is rated AV® Preeminent™ by Martindale-Hubbel.  Client and peer reviews in Chambers say Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.  Market sources laud his ability to engage with company directors, saying that he ‘is a very strong boardroom guy with a good team around him.”’  “Practicing in this area is an art, and he is very good at it.”\nPaul frequently speaks and writes on shareholder litigation, corporate disclosure, corporate governance and related topics. He has authored numerous securities-related articles for publications including ABA Business Law Today, Insights, Financial Executive, Law360, Financial fraud Law Report, The D\u0026amp;O Diary, Bloomberg Law Reports, National Underwriter and The Securities Reporter. Paul R. Bessette Partner Fellow, Litigation Counsel of America Litigation Counsel of America, 2024 Recognized by Leading Lawyers of America Leading Lawyers of America, 2024 \"Paul is great at handling complexity.\" \"Paul is really well-spoken advocate. He is very succinct.\" Bank 1: Litigation: Securities, Chambers 2024 Recommended for Securities Litigation Defense Legal 500 United States 2024 Guide \"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\" Chambers USA 2023, Band 1 Recognized by Best Lawyer The Best Lawyers in America - 2023 \"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026amp; responsiveness.\" Chambers USA, Litigation, 2022, Business Today 2023 \"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\" Chambers, 2021 Acts on behalf of corporations and their Ds\u0026amp;Os in high-stakes securities litigation, including enforcement actions. Chambers USA, 2020, Band 2 Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions. Chambers, Litigation: Securities-Texas 2019, Band 2 \"An expert in the area and knows it extraordinarily well\" “Practicing in this area is an art, and he is very good at it\" Chambers USA 2018, Band 2 Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.” Chambers USA, 2016 “Market sources laud his ability to engage with company directors” Chambers USA, 2016 Paul “is a very strong boardroom guy with a good team around him.” Chambers USA, 2016 “Strength in a full range of securities litigation matters.” U.S. News \u0026amp; World Report, 2015 Recognized for Securities Litigation  The Best Lawyers in America, 2011–2025 One of \"100 Lawyers You Need to Know in Securities Litigation\" Lawdragon, 2008 One of \"3000 Leading Lawyers in America\" Lawdragon.com, 2006, 2010–2011 Recognized by Texas Super Lawyers  Super Lawyers magazine, 2007–2019 Recognized for Securities Litigation Super Lawyers, Corporate Counsel Edition, 2009–2010 The University of Texas at Austin The University of Texas School of Law Baylor University Baylor University School of Law Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Eastern District of Texas U.S. District Court for the Northern District of Texas U.S. District Court for the Southern District of Texas U.S. District Court for the Western District of Texas U.S. District Court for the Central District of California U.S. District Court for the Eastern District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California New York Texas Significant Matters Digital Turbine, Inc.: We represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024. SolarWinds Corp.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds’ December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds’s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as “the largest and most sophisticated” cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds’ former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement. Phunware, Inc.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware’s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware’s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs’ partial motion for summary judgment on the Delaware statutory claim. Shattuck Labs: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply In re PolatityTE: We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss—the second with prejudice. We worked with the client to understand PolarityTE’s business and the applicable FDA regulations to be able to draft compelling motions to dismiss. Evolent Health, Inc.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed “rocket docket” timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session. Adeptus Health, Inc.: We defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus’s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus’s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well. FXCM, Inc.: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank’s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM’s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App’x 139 (2nd Cir. 2019). In re Hanger, Inc.: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created “cookie jar” reserves to smooth earnings and set an inappropriate “tone at the top.” In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing en banc, the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court’s dismissal with prejudice. The panel held that the plaintiffs’ allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants’ state of mind. 768 Fed. App’x 175 (5th Cir. 2019). Neiman v. Bulmahn, et al.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP’s former officers of committing securities fraud by misrepresenting various aspects of the company’s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017). In re SemCrude L.P.: Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015). Miyahira v. Vitacost.com, Inc.: Obtained a full dismissal of plaintiff’s claims under the Securities Act of 1933 for misleading statements in Vitacost’s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff’s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013). Bell v. Ascendant Solutions, Inc.: Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company’s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005). In re Crossroads Systems, Inc. Securities Litigation: Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in Greenberg v. Crossroads Sys., Inc., 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a §10(b) securities-fraud claim.","searchable_name":"Paul R. Bessette","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":449130,"version":1,"owner_type":"Person","owner_id":7474,"payload":{"bio":"\u003cp\u003eAndrew Bettwy is a partner in King \u0026amp; Spalding's Finance and Restructuring practice group and a senior member of the firm's U.S. Fund Finance team, based in New York. Andrew advises private investment funds, asset managers, financial institutions, and public and privately held companies in fund finance, leveraged finance, restructurings, and other complex financing transactions.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAndrew has particular depth advising private capital, asset management, and private equity clients on bespoke liquidity solutions across all life cycle stages of funds and their subsidiaries and investments. He represents both lenders and borrowers in NAV facilities, subscription and capital call facilities, GP and management company financings, acquisition financings, recapitalizations, and multi-lien debt structures, debtor-in-possession and exit financings, and private placements.\u003c/p\u003e\n\u003cp\u003eAndrew brings a practitioner\u0026rsquo;s understanding of how private capital structures evolve, from formation through deployment and exit, and structures financing solutions accordingly.\u003c/p\u003e\n\u003cp\u003ePrior to joining King \u0026amp; Spalding, Andrew was a partner at another international law firm, where he served as co-chair of the corporate department and co-head of global finance and fund finance.\u0026nbsp;\u003c/p\u003e","slug":"andrew-bettwy","email":"abettwy@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eRepresented a private investment fund \u003c/strong\u003eand its special purpose subsidiaries in a series of widely syndicated term loan facilities totaling over $15 billion to finance the acquisition of GPU chips and subsequent true lease to a major artificial intelligence company.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented an investment advisor \u003c/strong\u003eand its subsidiaries in a $150 million term loan and revolving credit facility, providing flexible capital to seed new fund ventures and support ongoing working capital needs.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private equity fund \u003c/strong\u003efocused on restaurant and consumer-facing investments in connection with a NAV facility used to refinance existing portfolio company indebtedness, providing a more efficient capital structure during the end-of-life phase of the fund.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private equity fund \u003c/strong\u003ein connection with a subscription line credit facility secured by unfunded limited partner capital commitments, providing the fund with efficient short-term liquidity to bridge capital calls and optimize the timing of LP drawdowns across its investment program.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private credit lender\u003c/strong\u003e in a $400 million distressed asset-based lending facility to a multinational cosmetics and personal care company, and subsequent debtor-in-possession and exit facilities.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private credit fund\u003c/strong\u003e in a $550 million delayed draw term loan facility to finance the purchase of satellite spectrum rights by a special purpose entity subsidiary of a developer of satellite connectivity technologies.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private investment vehicle \u003c/strong\u003ein multiple term loan and private placement financings co-financing the production of a slate of motion pictures alongside a major film studio, providing bespoke structured financing for a portfolio of high-profile theatrical releases across multiple production cycles.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private investment vehicle \u003c/strong\u003eas borrower in a series of secured loan facilities collateralized by fine art, providing liquidity against a curated portfolio of high-value works while preserving the borrower\u0026rsquo;s long-term ownership and collection strategy.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":134,"guid":"134.capabilities","index":1,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":2,"source":"capabilities"},{"id":10,"guid":"10.capabilities","index":3,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":4,"source":"capabilities"},{"id":78,"guid":"78.capabilities","index":5,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"}],"is_active":true,"last_name":"Bettwy","nick_name":"Andrew","clerkships":[],"first_name":"Andrew","title_rank":9999,"updated_by":34,"law_schools":[{"id":2278,"meta":{"degree":"J.D.","honors":"magna cum laude","is_law_school":"1","graduation_date":"1997-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"United States: Restructuring: Corporate","detail":"Legal 500, 2023"},{"title":"United States: Commercial Lending: Advice to Borrowers","detail":"Legal 500, 2018-2019"},{"title":"United States: Finance: Bank Lending","detail":"Legal 500, 2012, 2014-2015"}],"linked_in_url":"https://www.linkedin.com/in/andrew-bettwy-87b3ba14/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAndrew Bettwy is a partner in King \u0026amp; Spalding's Finance and Restructuring practice group and a senior member of the firm's U.S. Fund Finance team, based in New York. Andrew advises private investment funds, asset managers, financial institutions, and public and privately held companies in fund finance, leveraged finance, restructurings, and other complex financing transactions.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAndrew has particular depth advising private capital, asset management, and private equity clients on bespoke liquidity solutions across all life cycle stages of funds and their subsidiaries and investments. He represents both lenders and borrowers in NAV facilities, subscription and capital call facilities, GP and management company financings, acquisition financings, recapitalizations, and multi-lien debt structures, debtor-in-possession and exit financings, and private placements.\u003c/p\u003e\n\u003cp\u003eAndrew brings a practitioner\u0026rsquo;s understanding of how private capital structures evolve, from formation through deployment and exit, and structures financing solutions accordingly.\u003c/p\u003e\n\u003cp\u003ePrior to joining King \u0026amp; Spalding, Andrew was a partner at another international law firm, where he served as co-chair of the corporate department and co-head of global finance and fund finance.\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eRepresented a private investment fund \u003c/strong\u003eand its special purpose subsidiaries in a series of widely syndicated term loan facilities totaling over $15 billion to finance the acquisition 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timing of LP drawdowns across its investment program.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private credit lender\u003c/strong\u003e in a $400 million distressed asset-based lending facility to a multinational cosmetics and personal care company, and subsequent debtor-in-possession and exit facilities.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private credit fund\u003c/strong\u003e in a $550 million delayed draw term loan facility to finance the purchase of satellite spectrum rights by a special purpose entity subsidiary of a developer of satellite connectivity technologies.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private investment vehicle \u003c/strong\u003ein multiple term loan and private placement financings co-financing the production of a slate of motion pictures alongside a major film studio, providing bespoke structured financing for a portfolio of high-profile theatrical releases across multiple production cycles.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresented a private investment vehicle \u003c/strong\u003eas borrower in a series of secured loan facilities collateralized by fine art, providing liquidity against a curated portfolio of high-value works while preserving the borrower\u0026rsquo;s long-term ownership and collection strategy.\u003c/p\u003e"],"recognitions":[{"title":"United States: Restructuring: Corporate","detail":"Legal 500, 2023"},{"title":"United States: Commercial Lending: Advice to Borrowers","detail":"Legal 500, 2018-2019"},{"title":"United States: Finance: Bank Lending","detail":"Legal 500, 2012, 2014-2015"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13528}]},"capability_group_id":1},"created_at":"2026-06-04T16:06:57.000Z","updated_at":"2026-06-04T16:06:57.000Z","searchable_text":"Bettwy{{ FIELD }}{:title=\u0026gt;\"United States: Restructuring: Corporate\", :detail=\u0026gt;\"Legal 500, 2023\"}{{ FIELD }}{:title=\u0026gt;\"United States: Commercial Lending: Advice to Borrowers\", :detail=\u0026gt;\"Legal 500, 2018-2019\"}{{ FIELD }}{:title=\u0026gt;\"United States: Finance: Bank Lending\", :detail=\u0026gt;\"Legal 500, 2012, 2014-2015\"}{{ FIELD }}Represented a private investment fund and its special purpose subsidiaries in a series of widely syndicated term loan facilities totaling over $15 billion to finance the acquisition of GPU chips and subsequent true lease to a major artificial intelligence company.{{ FIELD }}Represented an investment advisor and its subsidiaries in a $150 million term loan and revolving credit facility, providing flexible capital to seed new fund ventures and support ongoing working capital needs.{{ FIELD }}Represented a private equity fund focused on restaurant and consumer-facing investments in connection with a NAV facility used to refinance existing portfolio company indebtedness, providing a more efficient capital structure during the end-of-life phase of the fund.{{ FIELD }}Represented a private equity fund in connection with a subscription line credit facility secured by unfunded limited partner capital commitments, providing the fund with efficient short-term liquidity to bridge capital calls and optimize the timing of LP drawdowns across its investment program.{{ FIELD }}Represented a private credit lender in a $400 million distressed asset-based lending facility to a multinational cosmetics and personal care company, and subsequent debtor-in-possession and exit facilities.{{ FIELD }}Represented a private credit fund in a $550 million delayed draw term loan facility to finance the purchase of satellite spectrum rights by a special purpose entity subsidiary of a developer of satellite connectivity technologies.{{ FIELD }}Represented a private investment vehicle in multiple term loan and private placement financings co-financing the production of a slate of motion pictures alongside a major film studio, providing bespoke structured financing for a portfolio of high-profile theatrical releases across multiple production cycles.{{ FIELD }}Represented a private investment vehicle as borrower in a series of secured loan facilities collateralized by fine art, providing liquidity against a curated portfolio of high-value works while preserving the borrower’s long-term ownership and collection strategy.{{ FIELD }}Andrew Bettwy is a partner in King \u0026amp; Spalding's Finance and Restructuring practice group and a senior member of the firm's U.S. Fund Finance team, based in New York. Andrew advises private investment funds, asset managers, financial institutions, and public and privately held companies in fund finance, leveraged finance, restructurings, and other complex financing transactions.\nAndrew has particular depth advising private capital, asset management, and private equity clients on bespoke liquidity solutions across all life cycle stages of funds and their subsidiaries and investments. He represents both lenders and borrowers in NAV facilities, subscription and capital call facilities, GP and management company financings, acquisition financings, recapitalizations, and multi-lien debt structures, debtor-in-possession and exit financings, and private placements.\nAndrew brings a practitioner’s understanding of how private capital structures evolve, from formation through deployment and exit, and structures financing solutions accordingly.\nPrior to joining King \u0026amp; Spalding, Andrew was a partner at another international law firm, where he served as co-chair of the corporate department and co-head of global finance and fund finance.  Partner United States: Restructuring: Corporate Legal 500, 2023 United States: Commercial Lending: Advice to Borrowers Legal 500, 2018-2019 United States: Finance: Bank Lending Legal 500, 2012, 2014-2015 University of Arizona University of Arizona, James E. Rogers College of Law University of Notre Dame Notre Dame Law School New York TriBar Opinion Committee Represented a private investment fund and its special purpose subsidiaries in a series of widely syndicated term loan facilities totaling over $15 billion to finance the acquisition of GPU chips and subsequent true lease to a major artificial intelligence company. Represented an investment advisor and its subsidiaries in a $150 million term loan and revolving credit facility, providing flexible capital to seed new fund ventures and support ongoing working capital needs. Represented a private equity fund focused on restaurant and consumer-facing investments in connection with a NAV facility used to refinance existing portfolio company indebtedness, providing a more efficient capital structure during the end-of-life phase of the fund. Represented a private equity fund in connection with a subscription line credit facility secured by unfunded limited partner capital commitments, providing the fund with efficient short-term liquidity to bridge capital calls and optimize the timing of LP drawdowns across its investment program. Represented a private credit lender in a $400 million distressed asset-based lending facility to a multinational cosmetics and personal care company, and subsequent debtor-in-possession and exit facilities. Represented a private credit fund in a $550 million delayed draw term loan facility to finance the purchase of satellite spectrum rights by a special purpose entity subsidiary of a developer of satellite connectivity technologies. Represented a private investment vehicle in multiple term loan and private placement financings co-financing the production of a slate of motion pictures alongside a major film studio, providing bespoke structured financing for a portfolio of high-profile theatrical releases across multiple production cycles. Represented a private investment vehicle as borrower in a series of secured loan facilities collateralized by fine art, providing liquidity against a curated portfolio of high-value works while preserving the borrower’s long-term ownership and collection strategy.","searchable_name":"Andrew Bettwy","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":448751,"version":1,"owner_type":"Person","owner_id":6369,"payload":{"bio":"\u003cp\u003eMatthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAs a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.\u003c/p\u003e\n\u003cp\u003ePrior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer \u0026amp; Community Banking, which included JPMorgan Chase\u0026rsquo;s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.\u003c/p\u003e\n\u003cp\u003eMatthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY\u0026rsquo;s history to be promoted to Executive Vice President. He also served as BNY Mellon\u0026rsquo;s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.\u003c/p\u003e\n\u003cp\u003eMatthew spent the first 12 years of his career in government, serving in the U.S. Attorney\u0026rsquo;s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General\u0026rsquo;s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney\u0026rsquo;s Office. 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Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eDraftKings\u003c/strong\u003e\u0026nbsp;in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eBlackRock\u003c/strong\u003e\u0026nbsp;in litigation relating to mortgage-era fraud allegations\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMacquarie Asset Management\u003c/strong\u003e\u0026nbsp;in a joint venture dispute relating to drag-along rights\u003c/p\u003e","\u003cp\u003eRepresent leading\u0026nbsp;\u003cstrong\u003eglobal investment bank\u003c/strong\u003e\u0026nbsp;in arbitration relating to a joint venture dispute\u003c/p\u003e","\u003cp\u003eRepresented ad hoc\u0026nbsp;\u003cstrong\u003e1st lien term lenders\u003c/strong\u003e\u0026nbsp;in the Mallinckrodt bankruptcy\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel\u0026rsquo;s contests after a change in the New York State law permitting daily fantasy sports\u003c/p\u003e","\u003cp\u003eSuccessfully represented the Chairman of the board of\u003cstrong\u003e\u0026nbsp;Rio Tinto\u003c/strong\u003e\u0026nbsp;in a broad ranging SEC investigation into accounting 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action\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAdmirals Bank\u003c/strong\u003e, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eRoot Insurance\u003c/strong\u003e\u0026nbsp;in a New York Attorney General investigation relating to data breach allegations\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGovernance\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eServed as a Director and Chair of the\u0026nbsp;\u003cstrong\u003eGovernance Committee\u003c/strong\u003e\u0026nbsp;of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. 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Biben is a partner of our Business Litigation Practice Group. Read more about him.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMatthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAs a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.\u003c/p\u003e\n\u003cp\u003ePrior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer \u0026amp; Community Banking, which included JPMorgan Chase\u0026rsquo;s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.\u003c/p\u003e\n\u003cp\u003eMatthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY\u0026rsquo;s history to be promoted to Executive Vice President. He also served as BNY Mellon\u0026rsquo;s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.\u003c/p\u003e\n\u003cp\u003eMatthew spent the first 12 years of his career in government, serving in the U.S. Attorney\u0026rsquo;s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General\u0026rsquo;s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney\u0026rsquo;s Office. He argued numerous appeals in the Second Circuit Court of Appeals and was lead counsel in more than 25 federal and state trials.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAnti-Money Laundering\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including:\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSociete Generale\u003c/strong\u003e\u0026nbsp;before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank\u0026rsquo;s BSA/AML compliance and risk management programs\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eMashreq Bank\u003c/strong\u003e\u0026nbsp;in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues\u003c/p\u003e","\u003cp\u003eSuccessfully defended\u0026nbsp;\u003cstrong\u003eHabib Bank\u003c/strong\u003e\u0026nbsp;against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eCoinbase\u003c/strong\u003e\u0026nbsp;in sweeping NYDFS investigation relating to BSA/AML and other compliance issues\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the \u0026ldquo;Panama Papers\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eComplex Civil Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eDraftKings\u003c/strong\u003e\u0026nbsp;in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eBlackRock\u003c/strong\u003e\u0026nbsp;in litigation relating to mortgage-era fraud allegations\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMacquarie Asset Management\u003c/strong\u003e\u0026nbsp;in a joint venture dispute relating to drag-along rights\u003c/p\u003e","\u003cp\u003eRepresent leading\u0026nbsp;\u003cstrong\u003eglobal investment bank\u003c/strong\u003e\u0026nbsp;in arbitration relating to a joint venture dispute\u003c/p\u003e","\u003cp\u003eRepresented ad hoc\u0026nbsp;\u003cstrong\u003e1st lien term lenders\u003c/strong\u003e\u0026nbsp;in the Mallinckrodt bankruptcy\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel\u0026rsquo;s contests after a change in the New York State law permitting daily fantasy sports\u003c/p\u003e","\u003cp\u003eSuccessfully represented the Chairman of the board of\u003cstrong\u003e\u0026nbsp;Rio Tinto\u003c/strong\u003e\u0026nbsp;in a broad ranging SEC investigation into accounting 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without action\u003c/p\u003e","\u003cp\u003eLead an extensive internal investigation and representing\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;before the FRB and NYDFS concerning Regulation W compliance issues\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;in responding to a multi-state attorneys general investigation of its auto lending and securitization practices\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003esenior finance and actuarial employees\u003c/strong\u003e\u0026nbsp;of\u0026nbsp;\u003cstrong\u003eAMBAC\u003c/strong\u003e\u0026nbsp;in SEC investigation of accounting fraud\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eCFO of an insurance company\u003c/strong\u003e\u0026nbsp;in an investigation before the NYDFS which resulted in the matter being closed without action\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAdmirals Bank\u003c/strong\u003e, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eRoot Insurance\u003c/strong\u003e\u0026nbsp;in a New York Attorney General investigation relating to data breach allegations\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGovernance\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eServed as a Director and Chair of the\u0026nbsp;\u003cstrong\u003eGovernance Committee\u003c/strong\u003e\u0026nbsp;of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include:\u003c/p\u003e","\u003cp\u003eProvided\u0026nbsp;\u003cstrong\u003ethe Board of Directors of multiple financial institutions\u003c/strong\u003e\u0026nbsp;with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eBoard of Directors of Bed Bath \u0026amp; Beyond\u003c/strong\u003e\u0026nbsp;in an internal investigation concerning compensation and disclosure issues\u003c/p\u003e"],"recognitions":[{"title":"Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026 Investigations)”","detail":"Chamber USA – Nationwide (Band 3) 2020-2026"},{"title":"Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator” ","detail":"The Legal 500 US 2016-2026"},{"title":"Recognized as Benchmark Litigation “Litigation Star”","detail":"Benchmark Litigation"},{"title":"Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026 Media Lawyer","detail":"Lawdragon, 2024-2026"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9814}]},"capability_group_id":3},"created_at":"2026-05-28T22:03:11.000Z","updated_at":"2026-05-28T22:03:11.000Z","searchable_text":"Biben{{ FIELD }}{:title=\u0026gt;\"Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026amp; Investigations)”\", :detail=\u0026gt;\"Chamber USA – Nationwide (Band 3) 2020-2026\"}{{ FIELD }}{:title=\u0026gt;\"Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator” \", :detail=\u0026gt;\"The Legal 500 US 2016-2026\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as Benchmark Litigation “Litigation Star”\", :detail=\u0026gt;\"Benchmark Litigation\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026amp; Media Lawyer\", :detail=\u0026gt;\"Lawdragon, 2024-2026\"}{{ FIELD }}Anti-Money Laundering\nRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including:{{ FIELD }}Represented Societe Generale before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank’s BSA/AML compliance and risk management programs{{ FIELD }}Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues{{ FIELD }}Successfully defended Habib Bank against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch{{ FIELD }}Successfully represented Coinbase in sweeping NYDFS investigation relating to BSA/AML and other compliance issues{{ FIELD }}Advised a large foreign bank in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the “Panama Papers”{{ FIELD }}Complex Civil Litigation\nRepresented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors){{ FIELD }}Represent FanDuel in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation{{ FIELD }}Represent BlackRock in litigation relating to mortgage-era fraud allegations{{ FIELD }}Represented Macquarie Asset Management in a joint venture dispute relating to drag-along rights{{ FIELD }}Represent leading global investment bank in arbitration relating to a joint venture dispute{{ FIELD }}Represented ad hoc 1st lien term lenders in the Mallinckrodt bankruptcy{{ FIELD }}Represented FanDuel in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel’s contests after a change in the New York State law permitting daily fantasy sports{{ FIELD }}Successfully represented the Chairman of the board of Rio Tinto in a broad ranging SEC investigation into accounting fraud{{ FIELD }}Banks and Financial Institutions\nIn addition to BSA/AML advice, I have extensively advised on bank regulatory compliance and enforcement issues, including the CFPB, the FRB, NYDFS, FDIC, OCC and others, including:{{ FIELD }}Successfully represented Truist in a long-running DOJ FIRREA investigation of their trust businesses in a cost-of-litigation settlement where all allegations were denied{{ FIELD }}Advised a global bank on fair lender compliance issue in relation to DFS investigation{{ FIELD }}Successfully represented a superregional bank in a CFPB into investigation into TISA compliance avoiding an enforcement action{{ FIELD }}Represented financial institutions and individuals in SEC investigations, including the Chairman of the Board of a Fortune 100 company{{ FIELD }}Represented a leading Fintech company in a CFPB investigation relating to FCRA and UDAAP allegations{{ FIELD }}Successfully represented Toyota Financial Services in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender’s fair lending practices{{ FIELD }}Represented a senior executive of one of the largest global banks in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action{{ FIELD }}Lead an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues{{ FIELD }}Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices{{ FIELD }}Represented senior finance and actuarial employees of AMBAC in SEC investigation of accounting fraud{{ FIELD }}Represented the CFO of an insurance company in an investigation before the NYDFS which resulted in the matter being closed without action{{ FIELD }}Represented Admirals Bank, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues{{ FIELD }}Successfully represented Root Insurance in a New York Attorney General investigation relating to data breach allegations{{ FIELD }}Governance\nServed as a Director and Chair of the Governance Committee of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include:{{ FIELD }}Provided the Board of Directors of multiple financial institutions with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards{{ FIELD }}Represented the Board of Directors of Bed Bath \u0026amp; Beyond in an internal investigation concerning compensation and disclosure issues{{ FIELD }}Matthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.\nAs a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.\nPrior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer \u0026amp; Community Banking, which included JPMorgan Chase’s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.\nMatthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY’s history to be promoted to Executive Vice President. He also served as BNY Mellon’s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.\nMatthew spent the first 12 years of his career in government, serving in the U.S. Attorney’s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General’s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney’s Office. He argued numerous appeals in the Second Circuit Court of Appeals and was lead counsel in more than 25 federal and state trials. Matthew Biben lawyer Partner Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026amp; Investigations)” Chamber USA – Nationwide (Band 3) 2020-2026 Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator”  The Legal 500 US 2016-2026 Recognized as Benchmark Litigation “Litigation Star” Benchmark Litigation Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026amp; Media Lawyer Lawdragon, 2024-2026 Cornell University Cornell Law School University of Pennsylvania University of Pennsylvania Law School Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York University of Pennsylvania Carey Law School – Board of Trustees American Arbitration Association – Board Member New York Legal Assistance Group - Member Board of Directors New York Lawyers for the Public Interest - Director Anti-Money Laundering\nRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including: Represented Societe Generale before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank’s BSA/AML compliance and risk management programs Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues Successfully defended Habib Bank against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch Successfully represented Coinbase in sweeping NYDFS investigation relating to BSA/AML and other compliance issues Advised a large foreign bank in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the “Panama Papers” Complex Civil Litigation\nRepresented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors) Represent FanDuel in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation Represent BlackRock in litigation relating to mortgage-era fraud allegations Represented Macquarie Asset Management in a joint venture dispute relating to drag-along rights Represent leading global investment bank in arbitration relating to a joint venture dispute Represented ad hoc 1st lien term lenders in the Mallinckrodt bankruptcy Represented FanDuel in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel’s contests after a change in the New York State law permitting daily fantasy sports Successfully represented the Chairman of the board of Rio Tinto in a broad ranging SEC investigation into accounting fraud Banks and Financial Institutions\nIn addition to BSA/AML advice, I have extensively advised on bank regulatory compliance and enforcement issues, including the CFPB, the FRB, NYDFS, FDIC, OCC and others, including: Successfully represented Truist in a long-running DOJ FIRREA investigation of their trust businesses in a cost-of-litigation settlement where all allegations were denied Advised a global bank on fair lender compliance issue in relation to DFS investigation Successfully represented a superregional bank in a CFPB into investigation into TISA compliance avoiding an enforcement action Represented financial institutions and individuals in SEC investigations, including the Chairman of the Board of a Fortune 100 company Represented a leading Fintech company in a CFPB investigation relating to FCRA and UDAAP allegations Successfully represented Toyota Financial Services in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender’s fair lending practices Represented a senior executive of one of the largest global banks in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action Lead an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices Represented senior finance and actuarial employees of AMBAC in SEC investigation of accounting fraud Represented the CFO of an insurance company in an investigation before the NYDFS which resulted in the matter being closed without action Represented Admirals Bank, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues Successfully represented Root Insurance in a New York Attorney General investigation relating to data breach allegations Governance\nServed as a Director and Chair of the Governance Committee of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include: Provided the Board of Directors of multiple financial institutions with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards Represented the Board of Directors of Bed Bath \u0026amp; Beyond in an internal investigation concerning compensation and disclosure issues","searchable_name":"Matthew L. Biben (Matt)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":447447,"version":1,"owner_type":"Person","owner_id":6871,"payload":{"bio":"\u003cp\u003eAbby Boxer is a partner in the Finance and Restructuring group based in the Firm\u0026rsquo;s New York Office. Abby concentrates her practice in debt financings and other corporate finance matters. She represents investment and commercial banks, private credit funds, and private equity sponsors and corporate borrowers in a wide range of complex large-cap and middle-market credit transactions, including leveraged cash flow and asset-based credit facilities, acquisition financings, syndicated transactions, club and bilateral deals, unitranche financings, recurring revenue financings, first/second lien financings, and general bank lending. Abby also has experience in restructurings, debtor-in-possession and exit financings. Prior to joining King \u0026amp; Spalding, Abby was counsel in the debt finance practice of another prominent international law firm. \u0026nbsp;\u003c/p\u003e","slug":"abby-boxer","email":"aboxer@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a $900 million senior secured credit facility, consisting of a $640 million term loan facility, $200 million delayed draw term loan facility and $60 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of an HVAC and home systems services company. After the initial acquisition, the delayed draw facility was upsized by $300 million, bringing the total credit facility to $1.2 billion.\u003c/p\u003e","\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a $1.16 billion senior secured credit facility, consisting of a $795 million term loan facility, $265 million delayed draw term loan facility and $100 million revolving credit facility. Loan proceeds were used by a global private equity sponsor to fund its acquisition of a leading, full-service environmental compliance and emissions monitoring services provider.\u003c/p\u003e","\u003cp\u003eRepresented a leading private credit provider, as lender, in connection with an incremental term loan facility consisting of \u0026pound;62.87 million term loans, $100 million last-out PIK term loans and a $65 million delayed draw term loan facility, in addition to an existing $340 million credit facility. Loan proceeds were used by a leading travel management company to acquire a travel and event solutions company. The combined business is one of the world\u0026rsquo;s largest travel management companies with over $6 billion in annual travel volume and a presence in over 90 countries.\u003c/p\u003e","\u003cp\u003eRepresented a prominent private credit fund, as tranche B lender, in connection with a $375 million senior secured credit facility for a leading provider of property management services for single-family rental homes.\u003c/p\u003e","\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a $320 million senior secured credit facility, consisting of a $198.4 million term loan facility, $81.6 million delayed draw term loan facility and $40 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of a residential and commercial garage door services company.\u003c/p\u003e","\u003cp\u003eRepresented a leading private credit fund, as lender, in connection with a $285 million senior secured credit facility for a global healthcare logistics provider.\u003c/p\u003e","\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a comprehensive restructuring amendment for a $275 million senior secured credit facility provided to the portfolio company of a leading private equity sponsor. The amendment provided, among other things, financial covenant relief, maturity extension, PIK interest optionality, covenant and other documentation tightening, and was accompanied by an equity contribution by the sponsor.\u003c/p\u003e","\u003cp\u003eRepresented a private investment group, as secured creditor, in a UCC Article 9 strict foreclosure and related out-of-court restructuring of a food manufacturing company. Through a UCC \u0026sect;9-620 strict foreclosure, the secured creditor accepted the pledged equity of the company in full satisfaction of approximately $110 million of outstanding debt obligations under the company\u0026rsquo;s existing credit facility. Contemporaneously with the foreclosure, the secured creditor received equity in a newco and provided a $15 million new-money facility.\u003c/p\u003e","\u003cp\u003eRepresented a prominent private credit lender in connection with a US$690 million senior secured financing, consisting of a US$435 million term loan facility, a US$195 million delayed draw term loan facility and a $60 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a road safety and pavement marking services company.\u003c/p\u003e","\u003cp\u003eRepresented a club of private credit lenders in connection with a US$400 million senior secured financing, consisting of a US$350 million term loan facility and a US$50 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a designer, manufacturer and distributor of ergonomic workplace products.\u003c/p\u003e","\u003cp\u003eRepresented a club of private credit lenders in connection with a US$310 million senior secured financing, consisting of a US$275 million term loan facility and a US$35 million revolving credit facility. Loan proceeds were used by a global private equity firm to fund its acquisition of a weather forecasting and information technology company.\u003c/p\u003e","\u003cp\u003eRepresented a prominent private credit lender in connection with a US$210 million senior secured financing, consisting of a US$140 million term loan facility, a US$45 million delayed draw term loan facility and a US$25 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a residential plumbing, HVAC and electrical services installation company.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":29,"guid":"29.capabilities","index":0,"source":"capabilities"},{"id":73,"guid":"73.capabilities","index":1,"source":"capabilities"},{"id":75,"guid":"75.capabilities","index":2,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":3,"source":"capabilities"},{"id":10,"guid":"10.capabilities","index":4,"source":"capabilities"}],"is_active":true,"last_name":"Boxer","nick_name":"Abby","clerkships":[],"first_name":"Abby","title_rank":9999,"updated_by":202,"law_schools":[{"id":245,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAbby Boxer is a partner in the Finance and Restructuring group based in the Firm\u0026rsquo;s New York Office. Abby concentrates her practice in debt financings and other corporate finance matters. She represents investment and commercial banks, private credit funds, and private equity sponsors and corporate borrowers in a wide range of complex large-cap and middle-market credit transactions, including leveraged cash flow and asset-based credit facilities, acquisition financings, syndicated transactions, club and bilateral deals, unitranche financings, recurring revenue financings, first/second lien financings, and general bank lending. Abby also has experience in restructurings, debtor-in-possession and exit financings. Prior to joining King \u0026amp; Spalding, Abby was counsel in the debt finance practice of another prominent international law firm. \u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a $900 million senior secured credit facility, consisting of a $640 million term loan facility, $200 million delayed draw term loan facility and $60 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of an HVAC and home systems services company. After the initial acquisition, the delayed draw facility was upsized by $300 million, bringing the total credit facility to $1.2 billion.\u003c/p\u003e","\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a $1.16 billion senior secured credit facility, consisting of a $795 million term loan facility, $265 million delayed draw term loan facility and $100 million revolving credit facility. Loan proceeds were used by a global private equity sponsor to fund its acquisition of a leading, full-service environmental compliance and emissions monitoring services provider.\u003c/p\u003e","\u003cp\u003eRepresented a leading private credit provider, as lender, in connection with an incremental term loan facility consisting of \u0026pound;62.87 million term loans, $100 million last-out PIK term loans and a $65 million delayed draw term loan facility, in addition to an existing $340 million credit facility. Loan proceeds were used by a leading travel management company to acquire a travel and event solutions company. The combined business is one of the world\u0026rsquo;s largest travel management companies with over $6 billion in annual travel volume and a presence in over 90 countries.\u003c/p\u003e","\u003cp\u003eRepresented a prominent private credit fund, as tranche B lender, in connection with a $375 million senior secured credit facility for a leading provider of property management services for single-family rental homes.\u003c/p\u003e","\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a $320 million senior secured credit facility, consisting of a $198.4 million term loan facility, $81.6 million delayed draw term loan facility and $40 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of a residential and commercial garage door services company.\u003c/p\u003e","\u003cp\u003eRepresented a leading private credit fund, as lender, in connection with a $285 million senior secured credit facility for a global healthcare logistics provider.\u003c/p\u003e","\u003cp\u003eRepresented a club of prominent private credit lenders in connection with a comprehensive restructuring amendment for a $275 million senior secured credit facility provided to the portfolio company of a leading private equity sponsor. The amendment provided, among other things, financial covenant relief, maturity extension, PIK interest optionality, covenant and other documentation tightening, and was accompanied by an equity contribution by the sponsor.\u003c/p\u003e","\u003cp\u003eRepresented a private investment group, as secured creditor, in a UCC Article 9 strict foreclosure and related out-of-court restructuring of a food manufacturing company. Through a UCC \u0026sect;9-620 strict foreclosure, the secured creditor accepted the pledged equity of the company in full satisfaction of approximately $110 million of outstanding debt obligations under the company\u0026rsquo;s existing credit facility. Contemporaneously with the foreclosure, the secured creditor received equity in a newco and provided a $15 million new-money facility.\u003c/p\u003e","\u003cp\u003eRepresented a prominent private credit lender in connection with a US$690 million senior secured financing, consisting of a US$435 million term loan facility, a US$195 million delayed draw term loan facility and a $60 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a road safety and pavement marking services company.\u003c/p\u003e","\u003cp\u003eRepresented a club of private credit lenders in connection with a US$400 million senior secured financing, consisting of a US$350 million term loan facility and a US$50 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a designer, manufacturer and distributor of ergonomic workplace products.\u003c/p\u003e","\u003cp\u003eRepresented a club of private credit lenders in connection with a US$310 million senior secured financing, consisting of a US$275 million term loan facility and a US$35 million revolving credit facility. Loan proceeds were used by a global private equity firm to fund its acquisition of a weather forecasting and information technology company.\u003c/p\u003e","\u003cp\u003eRepresented a prominent private credit lender in connection with a US$210 million senior secured financing, consisting of a US$140 million term loan facility, a US$45 million delayed draw term loan facility and a US$25 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a residential plumbing, HVAC and electrical services installation company.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12291}]},"capability_group_id":1},"created_at":"2026-04-09T20:07:35.000Z","updated_at":"2026-04-09T20:07:35.000Z","searchable_text":"Boxer{{ FIELD }}Represented a club of prominent private credit lenders in connection with a $900 million senior secured credit facility, consisting of a $640 million term loan facility, $200 million delayed draw term loan facility and $60 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of an HVAC and home systems services company. After the initial acquisition, the delayed draw facility was upsized by $300 million, bringing the total credit facility to $1.2 billion.{{ FIELD }}Represented a club of prominent private credit lenders in connection with a $1.16 billion senior secured credit facility, consisting of a $795 million term loan facility, $265 million delayed draw term loan facility and $100 million revolving credit facility. Loan proceeds were used by a global private equity sponsor to fund its acquisition of a leading, full-service environmental compliance and emissions monitoring services provider.{{ FIELD }}Represented a leading private credit provider, as lender, in connection with an incremental term loan facility consisting of £62.87 million term loans, $100 million last-out PIK term loans and a $65 million delayed draw term loan facility, in addition to an existing $340 million credit facility. Loan proceeds were used by a leading travel management company to acquire a travel and event solutions company. The combined business is one of the world’s largest travel management companies with over $6 billion in annual travel volume and a presence in over 90 countries.{{ FIELD }}Represented a prominent private credit fund, as tranche B lender, in connection with a $375 million senior secured credit facility for a leading provider of property management services for single-family rental homes.{{ FIELD }}Represented a club of prominent private credit lenders in connection with a $320 million senior secured credit facility, consisting of a $198.4 million term loan facility, $81.6 million delayed draw term loan facility and $40 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of a residential and commercial garage door services company.{{ FIELD }}Represented a leading private credit fund, as lender, in connection with a $285 million senior secured credit facility for a global healthcare logistics provider.{{ FIELD }}Represented a club of prominent private credit lenders in connection with a comprehensive restructuring amendment for a $275 million senior secured credit facility provided to the portfolio company of a leading private equity sponsor. The amendment provided, among other things, financial covenant relief, maturity extension, PIK interest optionality, covenant and other documentation tightening, and was accompanied by an equity contribution by the sponsor.{{ FIELD }}Represented a private investment group, as secured creditor, in a UCC Article 9 strict foreclosure and related out-of-court restructuring of a food manufacturing company. Through a UCC §9-620 strict foreclosure, the secured creditor accepted the pledged equity of the company in full satisfaction of approximately $110 million of outstanding debt obligations under the company’s existing credit facility. Contemporaneously with the foreclosure, the secured creditor received equity in a newco and provided a $15 million new-money facility.{{ FIELD }}Represented a prominent private credit lender in connection with a US$690 million senior secured financing, consisting of a US$435 million term loan facility, a US$195 million delayed draw term loan facility and a $60 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a road safety and pavement marking services company.{{ FIELD }}Represented a club of private credit lenders in connection with a US$400 million senior secured financing, consisting of a US$350 million term loan facility and a US$50 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a designer, manufacturer and distributor of ergonomic workplace products.{{ FIELD }}Represented a club of private credit lenders in connection with a US$310 million senior secured financing, consisting of a US$275 million term loan facility and a US$35 million revolving credit facility. Loan proceeds were used by a global private equity firm to fund its acquisition of a weather forecasting and information technology company.{{ FIELD }}Represented a prominent private credit lender in connection with a US$210 million senior secured financing, consisting of a US$140 million term loan facility, a US$45 million delayed draw term loan facility and a US$25 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a residential plumbing, HVAC and electrical services installation company.{{ FIELD }}Abby Boxer is a partner in the Finance and Restructuring group based in the Firm’s New York Office. Abby concentrates her practice in debt financings and other corporate finance matters. She represents investment and commercial banks, private credit funds, and private equity sponsors and corporate borrowers in a wide range of complex large-cap and middle-market credit transactions, including leveraged cash flow and asset-based credit facilities, acquisition financings, syndicated transactions, club and bilateral deals, unitranche financings, recurring revenue financings, first/second lien financings, and general bank lending. Abby also has experience in restructurings, debtor-in-possession and exit financings. Prior to joining King \u0026amp; Spalding, Abby was counsel in the debt finance practice of another prominent international law firm.   Partner Amherst College  Boston College Boston College Law School Massachusetts New York Represented a club of prominent private credit lenders in connection with a $900 million senior secured credit facility, consisting of a $640 million term loan facility, $200 million delayed draw term loan facility and $60 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of an HVAC and home systems services company. After the initial acquisition, the delayed draw facility was upsized by $300 million, bringing the total credit facility to $1.2 billion. Represented a club of prominent private credit lenders in connection with a $1.16 billion senior secured credit facility, consisting of a $795 million term loan facility, $265 million delayed draw term loan facility and $100 million revolving credit facility. Loan proceeds were used by a global private equity sponsor to fund its acquisition of a leading, full-service environmental compliance and emissions monitoring services provider. Represented a leading private credit provider, as lender, in connection with an incremental term loan facility consisting of £62.87 million term loans, $100 million last-out PIK term loans and a $65 million delayed draw term loan facility, in addition to an existing $340 million credit facility. Loan proceeds were used by a leading travel management company to acquire a travel and event solutions company. The combined business is one of the world’s largest travel management companies with over $6 billion in annual travel volume and a presence in over 90 countries. Represented a prominent private credit fund, as tranche B lender, in connection with a $375 million senior secured credit facility for a leading provider of property management services for single-family rental homes. Represented a club of prominent private credit lenders in connection with a $320 million senior secured credit facility, consisting of a $198.4 million term loan facility, $81.6 million delayed draw term loan facility and $40 million revolving credit facility. Loan proceeds were used by a leading private equity sponsor to fund its acquisition of a residential and commercial garage door services company. Represented a leading private credit fund, as lender, in connection with a $285 million senior secured credit facility for a global healthcare logistics provider. Represented a club of prominent private credit lenders in connection with a comprehensive restructuring amendment for a $275 million senior secured credit facility provided to the portfolio company of a leading private equity sponsor. The amendment provided, among other things, financial covenant relief, maturity extension, PIK interest optionality, covenant and other documentation tightening, and was accompanied by an equity contribution by the sponsor. Represented a private investment group, as secured creditor, in a UCC Article 9 strict foreclosure and related out-of-court restructuring of a food manufacturing company. Through a UCC §9-620 strict foreclosure, the secured creditor accepted the pledged equity of the company in full satisfaction of approximately $110 million of outstanding debt obligations under the company’s existing credit facility. Contemporaneously with the foreclosure, the secured creditor received equity in a newco and provided a $15 million new-money facility. Represented a prominent private credit lender in connection with a US$690 million senior secured financing, consisting of a US$435 million term loan facility, a US$195 million delayed draw term loan facility and a $60 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a road safety and pavement marking services company. Represented a club of private credit lenders in connection with a US$400 million senior secured financing, consisting of a US$350 million term loan facility and a US$50 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a designer, manufacturer and distributor of ergonomic workplace products. Represented a club of private credit lenders in connection with a US$310 million senior secured financing, consisting of a US$275 million term loan facility and a US$35 million revolving credit facility. Loan proceeds were used by a global private equity firm to fund its acquisition of a weather forecasting and information technology company. Represented a prominent private credit lender in connection with a US$210 million senior secured financing, consisting of a US$140 million term loan facility, a US$45 million delayed draw term loan facility and a US$25 million revolving credit facility. Loan proceeds were used by a leading private equity firm to fund its acquisition of a residential plumbing, HVAC and electrical services installation company.","searchable_name":"Abby Boxer","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":426611,"version":1,"owner_type":"Person","owner_id":5253,"payload":{"bio":"\u003cp\u003eJulian has extensive experience in complex commercial real estate transactions, representing financial institutions and funds in single and multi-lender construction and permanent loans, mezzanine loans and other leveraged financings, including \u0026lsquo;loan-on-loan\u0026rsquo; transactions, on a regional and national basis.\u0026nbsp; In addition to his real estate finance practice, Julian represents both financial institutions and end-users in interest rate swaps and other derivatives transactions.\u003c/p\u003e","slug":"julian-buchbinder","email":"jbuchbinder@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a \u0026lsquo;bonds-for-title\u0026rsquo; and sale-leaseback transaction.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of prominent sugar trading company in connection with commodity swaps and FX swaps.\u003c/em\u003e\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":36,"guid":"36.capabilities","index":0,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":1,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":2,"source":"capabilities"},{"id":75,"guid":"75.capabilities","index":3,"source":"capabilities"},{"id":73,"guid":"73.capabilities","index":4,"source":"capabilities"}],"is_active":true,"last_name":"Buchbinder","nick_name":"Julian","clerkships":[],"first_name":"Julian","title_rank":9999,"updated_by":101,"law_schools":[{"id":1699,"meta":{"degree":"J.D.","honors":"Rutgers Law Review","is_law_school":1,"graduation_date":"2006-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"B.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJulian has extensive experience in complex commercial real estate transactions, representing financial institutions and funds in single and multi-lender construction and permanent loans, mezzanine loans and other leveraged financings, including \u0026lsquo;loan-on-loan\u0026rsquo; transactions, on a regional and national basis.\u0026nbsp; In addition to his real estate finance practice, Julian represents both financial institutions and end-users in interest rate swaps and other derivatives transactions.\u003c/p\u003e","matters":["\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a \u0026lsquo;bonds-for-title\u0026rsquo; and sale-leaseback transaction.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of prominent sugar trading company in connection with commodity swaps and FX swaps.\u003c/em\u003e\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":6022}]},"capability_group_id":1},"created_at":"2025-05-26T04:55:18.000Z","updated_at":"2025-05-26T04:55:18.000Z","searchable_text":"Buchbinder{{ FIELD }}Representation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California.{{ FIELD }}Representation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights.{{ FIELD }}Representation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality.{{ FIELD }}Representation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality.{{ FIELD }}Representation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a ‘bonds-for-title’ and sale-leaseback transaction.{{ FIELD }}Representation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants.{{ FIELD }}Representation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers.{{ FIELD }}Representation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency.{{ FIELD }}Representation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency.{{ FIELD }}Representation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand.{{ FIELD }}Representation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states.{{ FIELD }}Representation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit.{{ FIELD }}Representation of prominent sugar trading company in connection with commodity swaps and FX swaps.{{ FIELD }}Julian has extensive experience in complex commercial real estate transactions, representing financial institutions and funds in single and multi-lender construction and permanent loans, mezzanine loans and other leveraged financings, including ‘loan-on-loan’ transactions, on a regional and national basis.  In addition to his real estate finance practice, Julian represents both financial institutions and end-users in interest rate swaps and other derivatives transactions. Partner Drew University  Rutgers University-Newark Rutgers University School of Law-Newark New Jersey New York Representation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California. Representation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights. Representation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality. Representation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality. Representation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a ‘bonds-for-title’ and sale-leaseback transaction. Representation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants. Representation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers. Representation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency. Representation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency. Representation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand. Representation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states. Representation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit. Representation of prominent sugar trading company in connection with commodity swaps and FX swaps.","searchable_name":"Julian B. Buchbinder","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":436409,"version":1,"owner_type":"Person","owner_id":3246,"payload":{"bio":"\u003cp\u003eHarry Burnett focuses on international commercial and investor-state arbitration matters, along with general domestic and international litigation. A partner in our International Arbitration practice, Harry represents clients in a broad array of international disputes and frequently serves as an arbitrator in international disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eWith more than 25 years of litigation and arbitration experience, he represents clients in arbitration of international commercial disputes under rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), JAMS International and the CPR International Institute for Conflict Prevention \u0026amp; Resolution, and in investor-state arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the ICSID Additional Facility, the UN Commission on International Trade Law (UNCITRAL) and the ICC related to claims under bilateral investment treaties, the Energy Charter Treaty, multilateral investment instruments and local investment laws.\u003c/p\u003e\n\u003cp\u003eIn addition, Harry frequently serves as a mediator as well as arbitrator in international disputes, whether as sole arbitrator, party-appointed arbitrator or chair.\u0026nbsp; He is a Fellow of the Chartered Institute of Arbitrators.\u003c/p\u003e\n\u003cp\u003eHarry has been ranked in C\u003cem\u003ehambers Global,\u003c/em\u003e\u0026nbsp;\u003cem\u003eChambers USA,\u0026nbsp;\u003c/em\u003e\u003cem\u003eChambers Latin America\u003c/em\u003e\u0026nbsp;and\u003cem\u003e Legal 500\u003c/em\u003e for International Arbitration\u003cem\u003e.\u003c/em\u003e He has also been recognized by \u003cem\u003eThe International Who\u0026rsquo;s Who of Oil \u0026amp; Gas Lawyers\u003c/em\u003e and \u003cem\u003eThe International Who\u0026rsquo;s Who of Energy Lawyers and is an Approved Leading Private Practitioner in Arbitration \u0026ndash; Latin American Corporate Counsel Association\u003c/em\u003e\u003c/p\u003e\n\u003cp\u003eA frequent speaker and author, Harry is fluent in English, Spanish and Portuguese.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eADMITTED TO PRACTICE IN NEW JERSEY, NEW YORK, AND ILLINOIS; AND\u0026nbsp;FLORIDA\u003c/strong\u003e\u003c/p\u003e","slug":"henry-burnett","email":"hburnett@kslaw.com","phone":"+1 917 763 6098","matters":["\u003cp\u003eRepresenting claimant\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eSouth American Silver Ltd.\u003c/strong\u003e\u0026nbsp;in a UNCITRAL arbitration brought under the UK-Bolivia bilateral investment treaty. The dispute concerns a silver, indium and gallium mining project.\u003c/p\u003e","\u003cp\u003eRepresenting claimant\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eThe Renco Group\u003c/strong\u003e\u0026nbsp;in a UNCITRAL Arbitration against Peru brought under the U.S.-Peru Trade Promotion Agreement. The dispute concerns a copper mining project and poly-metallic smelting operation.\u003c/p\u003e","\u003cp\u003eRepresenting claimant\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eBear Creek Mining Company\u003c/strong\u003e\u0026nbsp;in an ICSID arbitration against Peru in the first case brought under the Canada-Peru Free Trade Agreement. The dispute concerns a silver mining project.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Asian mining company\u003c/strong\u003e\u0026nbsp;in a potential investor-state arbitration against a Latin American state concerning a large iron ore mining project.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea state-owned entity\u003c/strong\u003e\u0026nbsp;in a multibillion dollar ICC arbitration in a construction dispute relating to expansion of an oil refinery.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Latin American pharmaceutical company\u003c/strong\u003e\u0026nbsp;in an ICC arbitration related to claims arising out of the sale of the company to an international pharmaceutical company.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ei\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003enternational telecommunications provide\u003c/strong\u003er in ICC arbitration involving breach of contract and fraud claims concerning a master services IT agreement.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean international telecommunications provider\u003c/strong\u003e\u0026nbsp;in ad hoc arbitration under the UNCITRAL Arbitration Rules concerning breach of contract claims and counterclaims for monies allegedly owed for termination of international call traffic.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean Argentine client\u003c/strong\u003e\u0026nbsp;in ICDR arbitration against South American gas distribution company.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003einternational hospitality company\u003c/strong\u003e\u0026nbsp;in international disputes related to hotel properties in Mexico, Chile, Brazil, Korea and Guam.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eKhan Resources Inc.\u003c/strong\u003e\u0026nbsp;in the jurisdictional phase of an Energy Charter Treaty arbitration (including contract and investment law claims) against Mongolia concerning a Uranium mining project.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean Asian electronics company\u003c/strong\u003e\u0026nbsp;in ICC arbitration against another Asian electronics company in dispute related to patent license agreement.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea multilateral, quasi-governmental entity\u003c/strong\u003e\u0026nbsp;in ad hoc arbitration under UNCITRAL Rules in a dispute with an Asian supplier.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian product manufacturer\u003c/strong\u003e\u0026nbsp;against U.S. distributor in ICDR arbitration.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian product manufacturer\u003c/strong\u003e\u0026nbsp;against U.S. joint-venture party in arbitration under the JAMS International Arbitration Rules.\u003c/p\u003e","\u003cp\u003eObtained arbitral award for\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian product distributor\u003c/strong\u003e\u0026nbsp;in international arbitration (ICDR) after multiple hearing days, multiple expert witnesses and multiple languages in connection with complex claims, counterclaims and jurisdictional issues.\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian claiman\u003c/strong\u003et in enforcement action in the United States under the Panama Convention of an arbitral award rendered by a tribunal in an arbitration seated in Brazil.\u003c/p\u003e","\u003cp\u003eObtained dismissal on jurisdictional grounds of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean ICC arbitration\u003c/strong\u003e\u0026nbsp;commenced against client,\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean Eastern European governmental entity,\u003c/strong\u003e\u0026nbsp;seeking over $40 million in damages for breach of contract and related claims.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eEastern European government\u003c/strong\u003e\u0026nbsp;in parallel proceedings before two international arbitral institutions.\u003c/p\u003e","\u003cp\u003eObtained separate arbitral awards against telecommunications companies in two West Africa countries on behalf of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean international voice and data communications company\u003c/strong\u003e\u0026nbsp;in ad hoc arbitrations under the UNCITRAL Rules.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean international voice and data communications company\u003c/strong\u003e\u0026nbsp;in two separate ICDR proceedings against South American telecommunications companies; obtained favorable settlements for client.\u003c/p\u003e","\u003cp\u003eRepresentation of investor in case under NAFTA against one of the member states for violations of NAFTA and international law in connection with a mining project.\u003c/p\u003e","\u003cp\u003eSuccessfully defeated anti-suit injunction action brought against client,\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea South American corporation,\u003c/strong\u003e\u0026nbsp;seeking to enjoin the client from proceeding with an action in South America.\u003c/p\u003e","\u003cp\u003ePresident of arbitral tribunal in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean ICC arbitration\u003c/strong\u003e\u0026nbsp;involving breach of contract and related claims between two Caribbean-based companies and their North American joint venture partner.\u003c/p\u003e","\u003cp\u003ePresident of arbitral tribunal in between\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean ICC arbitration\u003c/strong\u003e\u0026nbsp;between Asian manufacturer of digital devices against North American reseller seeking amounts allegedly owed under supplier agreement.\u003c/p\u003e","\u003cp\u003eCo-arbitrator in multiparty dispute under\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eICDR Rules\u003c/strong\u003e\u0026nbsp;concerning claims to respective interests in an online gaming business.\u003c/p\u003e","\u003cp\u003eCo-arbitrator in dispute between a South American party and an Australian party under\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eICDR Rules\u003c/strong\u003e\u0026nbsp;related to breach of contract and related claims concerning shipments of coal.\u003c/p\u003e","\u003cp\u003eSole arbitrator in arbitration under\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe AAA Commercial Rules\u003c/strong\u003e\u0026nbsp;between a South American company and a North American company concerning breach of contract and related claims arising out of joint venture for the purchase and sale of pig iron.\u003c/p\u003e","\u003cp\u003eSole arbitrator in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eICC arbitration\u003c/strong\u003e\u0026nbsp;between Asian manufacturer of office supplies and North American purchaser involving claims for breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment.\u003c/p\u003e","\u003cp\u003eSole arbitrator in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eI\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003eCDR arbitration\u003c/strong\u003e\u0026nbsp;between a South American company and a North American company concerning breach of contract and related claims for failure to procure multiple performances in South America by internationally renowned recording artist.\u003c/p\u003e","\u003cp\u003eMediator in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ereal estate dispute\u003c/strong\u003e\u0026nbsp;between North American- and Caribbean-based company.\u003c/p\u003e","\u003cp\u003eSole Arbitrator in a dispute under the AAA Commercial Rules, administered by the ICDR, related to alleged breach of contract related to commission payments under referral agreement for raising financing. (Finance)\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":72}]},"expertise":[{"id":5,"guid":"5.capabilities","index":0,"source":"capabilities"},{"id":4,"guid":"4.capabilities","index":1,"source":"capabilities"},{"id":6,"guid":"6.capabilities","index":2,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":3,"source":"capabilities"},{"id":1,"guid":"1.smart_tags","index":4,"source":"smartTags"},{"id":5,"guid":"5.smart_tags","index":5,"source":"smartTags"},{"id":104,"guid":"104.capabilities","index":6,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":7,"source":"capabilities"},{"id":14,"guid":"14.capabilities","index":8,"source":"capabilities"},{"id":970,"guid":"970.smart_tags","index":9,"source":"smartTags"},{"id":112,"guid":"112.capabilities","index":10,"source":"capabilities"},{"id":114,"guid":"114.capabilities","index":11,"source":"capabilities"},{"id":1188,"guid":"1188.smart_tags","index":12,"source":"smartTags"},{"id":1233,"guid":"1233.smart_tags","index":13,"source":"smartTags"},{"id":1270,"guid":"1270.smart_tags","index":14,"source":"smartTags"},{"id":132,"guid":"132.capabilities","index":15,"source":"capabilities"}],"is_active":true,"last_name":"Burnett","nick_name":"Harry","clerkships":[],"first_name":"Henry","title_rank":9999,"updated_by":202,"law_schools":[{"id":2442,"meta":{"degree":"J.D.","honors":null,"is_law_school":1,"graduation_date":"1989-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Who's Who Legal: Mining 2024","detail":"WWL"},{"title":"Inclusion in the 30th edition of The Best Lawyers in America® in International Arbitration - Commercial","detail":"The Best Lawyers in America®"},{"title":"Chambers Brazil","detail":"2022"},{"title":"A Global Perspective: M\u0026A Deals and Disputes Heading into 2022","detail":"Berkeley Research Group’s Publication, 2022"},{"title":"“He understands client service, how different cultures work, is always on top of the case and is easy to interact with.\"","detail":"Chambers Global 2022"},{"title":"Who’s Who Legal: Oil \u0026 GAS","detail":"GAR"},{"title":"Who’s Who Legal: Energy","detail":"GAR"},{"title":"Who’s Who Legal: Thought Leaders – Arbitration","detail":"GAR"},{"title":"Leading Individual","detail":"Legal 500 Latin America 2022"},{"title":"Named a leading lawyer for International Arbitration by The Latin American Corporate Counsel Association","detail":"LACCA"},{"title":"International Arbitration","detail":"Chambers Global"},{"title":"\"He is a tough negotiator and he helped us get a really great deal.\"","detail":"Chambers USA"},{"title":"\"He knows how to fight, how to analyze the case as a whole and how to go into detail.\"","detail":"Chambers Latin America"},{"title":"He has \"invaluable expertise,\" \"was really exceptional,\" and \"really led the way...\"","detail":"Chambers Latin America"},{"title":"\"Henry Burnett has a long experience and good reputation in the region.\"","detail":"Latin Lawyer 250"},{"title":"The Legal 500 Latin America","detail":""},{"title":"The International Who's Who of Oil \u0026 Gas Lawyers","detail":""},{"title":"The International Who's Who of Energy Lawyers","detail":""}],"linked_in_url":"https://www.linkedin.com/in/henry-g-harry-burnett-1952721b/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eHarry Burnett focuses on international commercial and investor-state arbitration matters, along with general domestic and international litigation. A partner in our International Arbitration practice, Harry represents clients in a broad array of international disputes and frequently serves as an arbitrator in international disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eWith more than 25 years of litigation and arbitration experience, he represents clients in arbitration of international commercial disputes under rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), JAMS International and the CPR International Institute for Conflict Prevention \u0026amp; Resolution, and in investor-state arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the ICSID Additional Facility, the UN Commission on International Trade Law (UNCITRAL) and the ICC related to claims under bilateral investment treaties, the Energy Charter Treaty, multilateral investment instruments and local investment laws.\u003c/p\u003e\n\u003cp\u003eIn addition, Harry frequently serves as a mediator as well as arbitrator in international disputes, whether as sole arbitrator, party-appointed arbitrator or chair.\u0026nbsp; He is a Fellow of the Chartered Institute of Arbitrators.\u003c/p\u003e\n\u003cp\u003eHarry has been ranked in C\u003cem\u003ehambers Global,\u003c/em\u003e\u0026nbsp;\u003cem\u003eChambers USA,\u0026nbsp;\u003c/em\u003e\u003cem\u003eChambers Latin America\u003c/em\u003e\u0026nbsp;and\u003cem\u003e Legal 500\u003c/em\u003e for International Arbitration\u003cem\u003e.\u003c/em\u003e He has also been recognized by \u003cem\u003eThe International Who\u0026rsquo;s Who of Oil \u0026amp; Gas Lawyers\u003c/em\u003e and \u003cem\u003eThe International Who\u0026rsquo;s Who of Energy Lawyers and is an Approved Leading Private Practitioner in Arbitration \u0026ndash; Latin American Corporate Counsel Association\u003c/em\u003e\u003c/p\u003e\n\u003cp\u003eA frequent speaker and author, Harry is fluent in English, Spanish and Portuguese.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eADMITTED TO PRACTICE IN NEW JERSEY, NEW YORK, AND ILLINOIS; AND\u0026nbsp;FLORIDA\u003c/strong\u003e\u003c/p\u003e","matters":["\u003cp\u003eRepresenting claimant\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eSouth American Silver Ltd.\u003c/strong\u003e\u0026nbsp;in a UNCITRAL arbitration brought under the UK-Bolivia bilateral investment treaty. The dispute concerns a silver, indium and gallium mining project.\u003c/p\u003e","\u003cp\u003eRepresenting claimant\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eThe Renco Group\u003c/strong\u003e\u0026nbsp;in a UNCITRAL Arbitration against Peru brought under the U.S.-Peru Trade Promotion Agreement. The dispute concerns a copper mining project and poly-metallic smelting operation.\u003c/p\u003e","\u003cp\u003eRepresenting claimant\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eBear Creek Mining Company\u003c/strong\u003e\u0026nbsp;in an ICSID arbitration against Peru in the first case brought under the Canada-Peru Free Trade Agreement. The dispute concerns a silver mining project.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Asian mining company\u003c/strong\u003e\u0026nbsp;in a potential investor-state arbitration against a Latin American state concerning a large iron ore mining project.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea state-owned entity\u003c/strong\u003e\u0026nbsp;in a multibillion dollar ICC arbitration in a construction dispute relating to expansion of an oil refinery.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Latin American pharmaceutical company\u003c/strong\u003e\u0026nbsp;in an ICC arbitration related to claims arising out of the sale of the company to an international pharmaceutical company.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ei\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003enternational telecommunications provide\u003c/strong\u003er in ICC arbitration involving breach of contract and fraud claims concerning a master services IT agreement.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean international telecommunications provider\u003c/strong\u003e\u0026nbsp;in ad hoc arbitration under the UNCITRAL Arbitration Rules concerning breach of contract claims and counterclaims for monies allegedly owed for termination of international call traffic.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean Argentine client\u003c/strong\u003e\u0026nbsp;in ICDR arbitration against South American gas distribution company.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003einternational hospitality company\u003c/strong\u003e\u0026nbsp;in international disputes related to hotel properties in Mexico, Chile, Brazil, Korea and Guam.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eKhan Resources Inc.\u003c/strong\u003e\u0026nbsp;in the jurisdictional phase of an Energy Charter Treaty arbitration (including contract and investment law claims) against Mongolia concerning a Uranium mining project.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean Asian electronics company\u003c/strong\u003e\u0026nbsp;in ICC arbitration against another Asian electronics company in dispute related to patent license agreement.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea multilateral, quasi-governmental entity\u003c/strong\u003e\u0026nbsp;in ad hoc arbitration under UNCITRAL Rules in a dispute with an Asian supplier.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian product manufacturer\u003c/strong\u003e\u0026nbsp;against U.S. distributor in ICDR arbitration.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian product manufacturer\u003c/strong\u003e\u0026nbsp;against U.S. joint-venture party in arbitration under the JAMS International Arbitration Rules.\u003c/p\u003e","\u003cp\u003eObtained arbitral award for\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian product distributor\u003c/strong\u003e\u0026nbsp;in international arbitration (ICDR) after multiple hearing days, multiple expert witnesses and multiple languages in connection with complex claims, counterclaims and jurisdictional issues.\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea Brazilian claiman\u003c/strong\u003et in enforcement action in the United States under the Panama Convention of an arbitral award rendered by a tribunal in an arbitration seated in Brazil.\u003c/p\u003e","\u003cp\u003eObtained dismissal on jurisdictional grounds of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean ICC arbitration\u003c/strong\u003e\u0026nbsp;commenced against client,\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean Eastern European governmental entity,\u003c/strong\u003e\u0026nbsp;seeking over $40 million in damages for breach of contract and related claims.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eEastern European government\u003c/strong\u003e\u0026nbsp;in parallel proceedings before two international arbitral institutions.\u003c/p\u003e","\u003cp\u003eObtained separate arbitral awards against telecommunications companies in two West Africa countries on behalf of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean international voice and data communications company\u003c/strong\u003e\u0026nbsp;in ad hoc arbitrations under the UNCITRAL Rules.\u003c/p\u003e","\u003cp\u003eRepresentation of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean international voice and data communications company\u003c/strong\u003e\u0026nbsp;in two separate ICDR proceedings against South American telecommunications companies; obtained favorable settlements for client.\u003c/p\u003e","\u003cp\u003eRepresentation of investor in case under NAFTA against one of the member states for violations of NAFTA and international law in connection with a mining project.\u003c/p\u003e","\u003cp\u003eSuccessfully defeated anti-suit injunction action brought against client,\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea South American corporation,\u003c/strong\u003e\u0026nbsp;seeking to enjoin the client from proceeding with an action in South America.\u003c/p\u003e","\u003cp\u003ePresident of arbitral tribunal in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean ICC arbitration\u003c/strong\u003e\u0026nbsp;involving breach of contract and related claims between two Caribbean-based companies and their North American joint venture partner.\u003c/p\u003e","\u003cp\u003ePresident of arbitral tribunal in between\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ean ICC arbitration\u003c/strong\u003e\u0026nbsp;between Asian manufacturer of digital devices against North American reseller seeking amounts allegedly owed under supplier agreement.\u003c/p\u003e","\u003cp\u003eCo-arbitrator in multiparty dispute under\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eICDR Rules\u003c/strong\u003e\u0026nbsp;concerning claims to respective interests in an online gaming business.\u003c/p\u003e","\u003cp\u003eCo-arbitrator in dispute between a South American party and an Australian party under\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eICDR Rules\u003c/strong\u003e\u0026nbsp;related to breach of contract and related claims concerning shipments of coal.\u003c/p\u003e","\u003cp\u003eSole arbitrator in arbitration under\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe AAA Commercial Rules\u003c/strong\u003e\u0026nbsp;between a South American company and a North American company concerning breach of contract and related claims arising out of joint venture for the purchase and sale of pig iron.\u003c/p\u003e","\u003cp\u003eSole arbitrator in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eICC arbitration\u003c/strong\u003e\u0026nbsp;between Asian manufacturer of office supplies and North American purchaser involving claims for breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment.\u003c/p\u003e","\u003cp\u003eSole arbitrator in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eI\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003eCDR arbitration\u003c/strong\u003e\u0026nbsp;between a South American company and a North American company concerning breach of contract and related claims for failure to procure multiple performances in South America by internationally renowned recording artist.\u003c/p\u003e","\u003cp\u003eMediator in\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ereal estate dispute\u003c/strong\u003e\u0026nbsp;between North American- and Caribbean-based company.\u003c/p\u003e","\u003cp\u003eSole Arbitrator in a dispute under the AAA Commercial Rules, administered by the ICDR, related to alleged breach of contract related to commission payments under referral agreement for raising financing. (Finance)\u003c/p\u003e"],"recognitions":[{"title":"Who's Who Legal: Mining 2024","detail":"WWL"},{"title":"Inclusion in the 30th edition of The Best Lawyers in America® in International Arbitration - Commercial","detail":"The Best Lawyers in America®"},{"title":"Chambers Brazil","detail":"2022"},{"title":"A Global Perspective: M\u0026A Deals and Disputes Heading into 2022","detail":"Berkeley Research Group’s Publication, 2022"},{"title":"“He understands client service, how different cultures work, is always on top of the case and is easy to interact with.\"","detail":"Chambers Global 2022"},{"title":"Who’s Who Legal: Oil \u0026 GAS","detail":"GAR"},{"title":"Who’s Who Legal: Energy","detail":"GAR"},{"title":"Who’s Who Legal: Thought Leaders – Arbitration","detail":"GAR"},{"title":"Leading Individual","detail":"Legal 500 Latin America 2022"},{"title":"Named a leading lawyer for International Arbitration by The Latin American Corporate Counsel Association","detail":"LACCA"},{"title":"International Arbitration","detail":"Chambers Global"},{"title":"\"He is a tough negotiator and he helped us get a really great deal.\"","detail":"Chambers USA"},{"title":"\"He knows how to fight, how to analyze the case as a whole and how to go into detail.\"","detail":"Chambers Latin America"},{"title":"He has \"invaluable expertise,\" \"was really exceptional,\" and \"really led the way...\"","detail":"Chambers Latin America"},{"title":"\"Henry Burnett has a long experience and good reputation in the region.\"","detail":"Latin Lawyer 250"},{"title":"The Legal 500 Latin America","detail":""},{"title":"The International Who's Who of Oil \u0026 Gas Lawyers","detail":""},{"title":"The International Who's Who of Energy Lawyers","detail":""}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":8611}]},"capability_group_id":3},"created_at":"2025-09-02T04:52:19.000Z","updated_at":"2025-09-02T04:52:19.000Z","searchable_text":"Burnett{{ FIELD }}{:title=\u0026gt;\"Who's Who Legal: Mining 2024\", :detail=\u0026gt;\"WWL\"}{{ FIELD }}{:title=\u0026gt;\"Inclusion in the 30th edition of The Best Lawyers in America® in International Arbitration - Commercial\", :detail=\u0026gt;\"The Best Lawyers in America®\"}{{ FIELD }}{:title=\u0026gt;\"Chambers Brazil\", :detail=\u0026gt;\"2022\"}{{ FIELD }}{:title=\u0026gt;\"A Global Perspective: M\u0026amp;A Deals and Disputes Heading into 2022\", :detail=\u0026gt;\"Berkeley Research Group’s Publication, 2022\"}{{ FIELD }}{:title=\u0026gt;\"“He understands client service, how different cultures work, is always on top of the case and is easy to interact with.\\\"\", :detail=\u0026gt;\"Chambers Global 2022\"}{{ FIELD }}{:title=\u0026gt;\"Who’s Who Legal: Oil \u0026amp; GAS\", :detail=\u0026gt;\"GAR\"}{{ FIELD }}{:title=\u0026gt;\"Who’s Who Legal: Energy\", :detail=\u0026gt;\"GAR\"}{{ FIELD }}{:title=\u0026gt;\"Who’s Who Legal: Thought Leaders – Arbitration\", :detail=\u0026gt;\"GAR\"}{{ FIELD }}{:title=\u0026gt;\"Leading Individual\", :detail=\u0026gt;\"Legal 500 Latin America 2022\"}{{ FIELD }}{:title=\u0026gt;\"Named a leading lawyer for International Arbitration by The Latin American Corporate Counsel Association\", :detail=\u0026gt;\"LACCA\"}{{ FIELD }}{:title=\u0026gt;\"International Arbitration\", :detail=\u0026gt;\"Chambers Global\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He is a tough negotiator and he helped us get a really great deal.\\\"\", :detail=\u0026gt;\"Chambers USA\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He knows how to fight, how to analyze the case as a whole and how to go into detail.\\\"\", :detail=\u0026gt;\"Chambers Latin America\"}{{ FIELD }}{:title=\u0026gt;\"He has \\\"invaluable expertise,\\\" \\\"was really exceptional,\\\" and \\\"really led the way...\\\"\", :detail=\u0026gt;\"Chambers Latin America\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Henry Burnett has a long experience and good reputation in the region.\\\"\", :detail=\u0026gt;\"Latin Lawyer 250\"}{{ FIELD }}{:title=\u0026gt;\"The Legal 500 Latin America\", :detail=\u0026gt;\"\"}{{ FIELD }}{:title=\u0026gt;\"The International Who's Who of Oil \u0026amp; Gas Lawyers\", :detail=\u0026gt;\"\"}{{ FIELD }}{:title=\u0026gt;\"The International Who's Who of Energy Lawyers\", :detail=\u0026gt;\"\"}{{ FIELD }}Representing claimant South American Silver Ltd. in a UNCITRAL arbitration brought under the UK-Bolivia bilateral investment treaty. The dispute concerns a silver, indium and gallium mining project.{{ FIELD }}Representing claimant The Renco Group in a UNCITRAL Arbitration against Peru brought under the U.S.-Peru Trade Promotion Agreement. The dispute concerns a copper mining project and poly-metallic smelting operation.{{ FIELD }}Representing claimant Bear Creek Mining Company in an ICSID arbitration against Peru in the first case brought under the Canada-Peru Free Trade Agreement. The dispute concerns a silver mining project.{{ FIELD }}Representing a Asian mining company in a potential investor-state arbitration against a Latin American state concerning a large iron ore mining project.{{ FIELD }}Representing a state-owned entity in a multibillion dollar ICC arbitration in a construction dispute relating to expansion of an oil refinery.{{ FIELD }}Representing a Latin American pharmaceutical company in an ICC arbitration related to claims arising out of the sale of the company to an international pharmaceutical company.{{ FIELD }}Representing an international telecommunications provider in ICC arbitration involving breach of contract and fraud claims concerning a master services IT agreement.{{ FIELD }}Representation of an international telecommunications provider in ad hoc arbitration under the UNCITRAL Arbitration Rules concerning breach of contract claims and counterclaims for monies allegedly owed for termination of international call traffic.{{ FIELD }}Representation of an Argentine client in ICDR arbitration against South American gas distribution company.{{ FIELD }}Representation of an international hospitality company in international disputes related to hotel properties in Mexico, Chile, Brazil, Korea and Guam.{{ FIELD }}Representation of Khan Resources Inc. in the jurisdictional phase of an Energy Charter Treaty arbitration (including contract and investment law claims) against Mongolia concerning a Uranium mining project.{{ FIELD }}Representation of an Asian electronics company in ICC arbitration against another Asian electronics company in dispute related to patent license agreement.{{ FIELD }}Representation of a multilateral, quasi-governmental entity in ad hoc arbitration under UNCITRAL Rules in a dispute with an Asian supplier.{{ FIELD }}Representation of a Brazilian product manufacturer against U.S. distributor in ICDR arbitration.{{ FIELD }}Representation of a Brazilian product manufacturer against U.S. joint-venture party in arbitration under the JAMS International Arbitration Rules.{{ FIELD }}Obtained arbitral award for a Brazilian product distributor in international arbitration (ICDR) after multiple hearing days, multiple expert witnesses and multiple languages in connection with complex claims, counterclaims and jurisdictional issues.{{ FIELD }}Successfully represented a Brazilian claimant in enforcement action in the United States under the Panama Convention of an arbitral award rendered by a tribunal in an arbitration seated in Brazil.{{ FIELD }}Obtained dismissal on jurisdictional grounds of an ICC arbitration commenced against client, an Eastern European governmental entity, seeking over $40 million in damages for breach of contract and related claims.{{ FIELD }}Representation of an Eastern European government in parallel proceedings before two international arbitral institutions.{{ FIELD }}Obtained separate arbitral awards against telecommunications companies in two West Africa countries on behalf of an international voice and data communications company in ad hoc arbitrations under the UNCITRAL Rules.{{ FIELD }}Representation of an international voice and data communications company in two separate ICDR proceedings against South American telecommunications companies; obtained favorable settlements for client.{{ FIELD }}Representation of investor in case under NAFTA against one of the member states for violations of NAFTA and international law in connection with a mining project.{{ FIELD }}Successfully defeated anti-suit injunction action brought against client, a South American corporation, seeking to enjoin the client from proceeding with an action in South America.{{ FIELD }}President of arbitral tribunal in an ICC arbitration involving breach of contract and related claims between two Caribbean-based companies and their North American joint venture partner.{{ FIELD }}President of arbitral tribunal in between an ICC arbitration between Asian manufacturer of digital devices against North American reseller seeking amounts allegedly owed under supplier agreement.{{ FIELD }}Co-arbitrator in multiparty dispute under the ICDR Rules concerning claims to respective interests in an online gaming business.{{ FIELD }}Co-arbitrator in dispute between a South American party and an Australian party under the ICDR Rules related to breach of contract and related claims concerning shipments of coal.{{ FIELD }}Sole arbitrator in arbitration under the AAA Commercial Rules between a South American company and a North American company concerning breach of contract and related claims arising out of joint venture for the purchase and sale of pig iron.{{ FIELD }}Sole arbitrator in ICC arbitration between Asian manufacturer of office supplies and North American purchaser involving claims for breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment.{{ FIELD }}Sole arbitrator in ICDR arbitration between a South American company and a North American company concerning breach of contract and related claims for failure to procure multiple performances in South America by internationally renowned recording artist.{{ FIELD }}Mediator in a real estate dispute between North American- and Caribbean-based company.{{ FIELD }}Sole Arbitrator in a dispute under the AAA Commercial Rules, administered by the ICDR, related to alleged breach of contract related to commission payments under referral agreement for raising financing. (Finance){{ FIELD }}Harry Burnett focuses on international commercial and investor-state arbitration matters, along with general domestic and international litigation. A partner in our International Arbitration practice, Harry represents clients in a broad array of international disputes and frequently serves as an arbitrator in international disputes.\nWith more than 25 years of litigation and arbitration experience, he represents clients in arbitration of international commercial disputes under rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), JAMS International and the CPR International Institute for Conflict Prevention \u0026amp; Resolution, and in investor-state arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the ICSID Additional Facility, the UN Commission on International Trade Law (UNCITRAL) and the ICC related to claims under bilateral investment treaties, the Energy Charter Treaty, multilateral investment instruments and local investment laws.\nIn addition, Harry frequently serves as a mediator as well as arbitrator in international disputes, whether as sole arbitrator, party-appointed arbitrator or chair.  He is a Fellow of the Chartered Institute of Arbitrators.\nHarry has been ranked in Chambers Global, Chambers USA, Chambers Latin America and Legal 500 for International Arbitration. He has also been recognized by The International Who’s Who of Oil \u0026amp; Gas Lawyers and The International Who’s Who of Energy Lawyers and is an Approved Leading Private Practitioner in Arbitration – Latin American Corporate Counsel Association\nA frequent speaker and author, Harry is fluent in English, Spanish and Portuguese.\n \nADMITTED TO PRACTICE IN NEW JERSEY, NEW YORK, AND ILLINOIS; AND FLORIDA Henry Burnett Partner Who's Who Legal: Mining 2024 WWL Inclusion in the 30th edition of The Best Lawyers in America® in International Arbitration - Commercial The Best Lawyers in America® Chambers Brazil 2022 A Global Perspective: M\u0026amp;A Deals and Disputes Heading into 2022 Berkeley Research Group’s Publication, 2022 “He understands client service, how different cultures work, is always on top of the case and is easy to interact with.\" Chambers Global 2022 Who’s Who Legal: Oil \u0026amp; GAS GAR Who’s Who Legal: Energy GAR Who’s Who Legal: Thought Leaders – Arbitration GAR Leading Individual Legal 500 Latin America 2022 Named a leading lawyer for International Arbitration by The Latin American Corporate Counsel Association LACCA International Arbitration Chambers Global \"He is a tough negotiator and he helped us get a really great deal.\" Chambers USA \"He knows how to fight, how to analyze the case as a whole and how to go into detail.\" Chambers Latin America He has \"invaluable expertise,\" \"was really exceptional,\" and \"really led the way...\" Chambers Latin America \"Henry Burnett has a long experience and good reputation in the region.\" Latin Lawyer 250 The Legal 500 Latin America  The International Who's Who of Oil \u0026amp; Gas Lawyers  The International Who's Who of Energy Lawyers  University of Notre Dame Notre Dame Law School Vanderbilt University Vanderbilt University School of Law Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Northern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Western District of New York U.S. District Court for the District of New Jersey U.S. District Court for the Northern District of Illinois U.S. District Court for the Northern District of Oklahoma U.S. District Court for the District of Columbia Florida Illinois New Jersey New York Approved Leading Private Practitioner in Arbitration – Latin American Corporate Counsel Association Director, Brazilian-American Chamber of Commerce, New York Visiting Professor, \"Investor-State Arbitration\", Vanderbilt Law School Director, Miami International Arbitration Society, 2023 Adjunct Professor, University of Miami School of Law Representing claimant South American Silver Ltd. in a UNCITRAL arbitration brought under the UK-Bolivia bilateral investment treaty. The dispute concerns a silver, indium and gallium mining project. Representing claimant The Renco Group in a UNCITRAL Arbitration against Peru brought under the U.S.-Peru Trade Promotion Agreement. The dispute concerns a copper mining project and poly-metallic smelting operation. Representing claimant Bear Creek Mining Company in an ICSID arbitration against Peru in the first case brought under the Canada-Peru Free Trade Agreement. The dispute concerns a silver mining project. Representing a Asian mining company in a potential investor-state arbitration against a Latin American state concerning a large iron ore mining project. Representing a state-owned entity in a multibillion dollar ICC arbitration in a construction dispute relating to expansion of an oil refinery. Representing a Latin American pharmaceutical company in an ICC arbitration related to claims arising out of the sale of the company to an international pharmaceutical company. Representing an international telecommunications provider in ICC arbitration involving breach of contract and fraud claims concerning a master services IT agreement. Representation of an international telecommunications provider in ad hoc arbitration under the UNCITRAL Arbitration Rules concerning breach of contract claims and counterclaims for monies allegedly owed for termination of international call traffic. Representation of an Argentine client in ICDR arbitration against South American gas distribution company. Representation of an international hospitality company in international disputes related to hotel properties in Mexico, Chile, Brazil, Korea and Guam. Representation of Khan Resources Inc. in the jurisdictional phase of an Energy Charter Treaty arbitration (including contract and investment law claims) against Mongolia concerning a Uranium mining project. Representation of an Asian electronics company in ICC arbitration against another Asian electronics company in dispute related to patent license agreement. Representation of a multilateral, quasi-governmental entity in ad hoc arbitration under UNCITRAL Rules in a dispute with an Asian supplier. Representation of a Brazilian product manufacturer against U.S. distributor in ICDR arbitration. Representation of a Brazilian product manufacturer against U.S. joint-venture party in arbitration under the JAMS International Arbitration Rules. Obtained arbitral award for a Brazilian product distributor in international arbitration (ICDR) after multiple hearing days, multiple expert witnesses and multiple languages in connection with complex claims, counterclaims and jurisdictional issues. Successfully represented a Brazilian claimant in enforcement action in the United States under the Panama Convention of an arbitral award rendered by a tribunal in an arbitration seated in Brazil. Obtained dismissal on jurisdictional grounds of an ICC arbitration commenced against client, an Eastern European governmental entity, seeking over $40 million in damages for breach of contract and related claims. Representation of an Eastern European government in parallel proceedings before two international arbitral institutions. Obtained separate arbitral awards against telecommunications companies in two West Africa countries on behalf of an international voice and data communications company in ad hoc arbitrations under the UNCITRAL Rules. Representation of an international voice and data communications company in two separate ICDR proceedings against South American telecommunications companies; obtained favorable settlements for client. Representation of investor in case under NAFTA against one of the member states for violations of NAFTA and international law in connection with a mining project. Successfully defeated anti-suit injunction action brought against client, a South American corporation, seeking to enjoin the client from proceeding with an action in South America. President of arbitral tribunal in an ICC arbitration involving breach of contract and related claims between two Caribbean-based companies and their North American joint venture partner. President of arbitral tribunal in between an ICC arbitration between Asian manufacturer of digital devices against North American reseller seeking amounts allegedly owed under supplier agreement. Co-arbitrator in multiparty dispute under the ICDR Rules concerning claims to respective interests in an online gaming business. Co-arbitrator in dispute between a South American party and an Australian party under the ICDR Rules related to breach of contract and related claims concerning shipments of coal. Sole arbitrator in arbitration under the AAA Commercial Rules between a South American company and a North American company concerning breach of contract and related claims arising out of joint venture for the purchase and sale of pig iron. Sole arbitrator in ICC arbitration between Asian manufacturer of office supplies and North American purchaser involving claims for breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment. Sole arbitrator in ICDR arbitration between a South American company and a North American company concerning breach of contract and related claims for failure to procure multiple performances in South America by internationally renowned recording artist. Mediator in a real estate dispute between North American- and Caribbean-based company. Sole Arbitrator in a dispute under the AAA Commercial Rules, administered by the ICDR, related to alleged breach of contract related to commission payments under referral agreement for raising financing. (Finance)","searchable_name":"Henry Burnett (Harry)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}