In re Whiting Petroleum Corporation, et al. (Bankr. S.D. Tex.): Representing indenture trustee for convertible noteholders in connection with Debtors’ bankruptcy cases.
Sears Holdings Corporation, et al. v. Lampert, et al. (Bankr. S.D.N.Y.): Co-Counsel to the Official Committee of Unsecured Creditors, on behalf of Debtors’ estates, in lawsuit asserting fraudulent transfer, breach of fiduciary duty, and related claims in connection with prepetition transactions totaling billions of dollars.
AEA Middle Market Debt Funding LLC, et al. v. Marblegate Asset Management LLC, et al.(NY Sup. Ct.): Representing administrative agent in connection with $120 million out-of-court restructuring transaction and in ongoing litigation defending against claims for breach of credit and security agreements, conversion, conspiracy to commit conversion, and aiding and abetting breaches of fiduciary duty.
In re Sears Holdings Corp., No. 18-23538 (Bankr. S.D.N.Y.): Represented official committee of unsecured creditors in investigation of prepetition transactions involving related parties and in challenging proposed section 363 sale of going concern business to former CEO and majority shareholder.
In re FirstEnergy Corp., et al., No. 18-50757 (Bankr. N.D. Ohio): Represented debtor energy companies in connection with investigation and settlement of prepetition claims against non-debtor parent and disputes in connection with confirmation of debtors’ plan of reorganization.
In re Energy Future Holdings, et al., No. 14-10970 (Bankr. D. Del.): Represented ad hoc committee of holders of unsecured payment-in-kind notes in connection with variety of matters, including make-whole litigation, objecting to settlement of inter-debtor claims, objections to confirmation of multiple plans of reorganization.
Tuttle v. Allied Nevada Gold Corp., et al., No. 17-1513 (3d Cir.): Represented reorganized debtor in appeal of confirmation and related orders, successfully dismissed appeals as equitably moot, and successfully defended equitable mootness doctrine when challenged on Constitutional grounds at Third Circuit Court of Appeals.
Marblegate Asset Mgmt. v. Educ. Mgmt. Corp., No. 18-Civ-8584 (S.D.N.Y.): Represented unsecured noteholders at the in challenging proposed $1.5 billion out-of-court restructuring for violating Section 316(b) the Trust Indenture Act of 1939.
In re Allied Nevada Gold Corp., et al. No. 15-10503 (Bankr. D. Del.): Represented debtor Allied Nevada Gold Corp. in variety of litigation matters in connection with chapter 11, including valuation disputes, examiners motions, and sale motions
In re Edison Mission Energy, et al., No. 12-49219 (Bankr. N.D. Ill.): Represented official committee of unsecured creditors in connection with investigation of claims against non-debtor parent and settlement of such claims for benefit of estates.
In re Washington Mutual Inc., et al., No. 08-12229 (Bankr. D. Del.): Represented of the official committee of unsecured creditors in all litigation matters in long-running chapter 11 case, including disputes related to confirmation, asset turnover, fraudulent transfers/preferences, and various litigations related to Washington Mutual’s issuance of mortgage-backed securities, Trust Preferred Securities and Litigation Tracking Warrants.
In re Spansion, No. 09-10690 (Bankr. D. Del.): Represented (i) ad hoc group of senior noteholders in valuation dispute during confirmation proceedings where court accepted valuation proposed by senior noteholders over valuations proposed by other parties and (ii) the claims agent for the debtors’ chapter 11 estates in connection with a disputed $1 billion claim by former subsidiary based on rejection of a foundry agreement concerning the manufacture and sale of semiconductor wafer, which, after several months of discovery and numerous depositions, the claims agent successfully settled at an amount 80% less than original claim
- Conducted internal investigations of a public companies regarding potential improper practices of international subsidiaries.
- Represented individual officers of public companies in connection with FCPA investigation.
- Represented individual in immigration removal proceedings, with favorable outcome.
- Represented individual in connection with FEMA appeal following Hurricane Sandy.