Fordham University School of Law, J.D., 1991 cum laude
University of Pennsylvania, The Wharton School
New York New Jersey
U.S. District Court, E.D. New York U.S. District Court, S.D. New York U.S. District Court, W.D. New York U.S. District Court, Dist. of New Jersey U.S. Court of Appeals, 2nd Cir. U.S. Court of Appeals, 7th Cir.
2012 Penn Camera Exchange, Inc. Represented chair of official committee of unsecured creditors, successfully negotiated allowance of 503(b)(9) claims and structured dismissal.
Ongoing Madoff Case - Hedge Fund Representation Representation of several hedge funds that invested tens of millions of dollars with Bernard L. Madoff, pursuing recoveries and defending against clawback and other claims.
2011 Stalking Horse Bidder - Acquisition of Photos from Polaroid Fine Art Collection Representation of a successful stalking horse bidder in connection with the acquisition, from the bankruptcy estate of the Polaroid Corporation, of an extensive collection of more than 10,000 photographs from the Polaroid Fine Art Collection. Many of the photos are of museum quality and were taken by renowned photographers.
2010 Loan Servicer - Relief from Automatic Stay Representation of a lender in its successful motion for stay relief nineteen days after the debtor filed its Chapter 11 case in a New Jersey bankruptcy court. We then helped fend off the debtor's motion to vacate order, granting the lender stay relief.
2010 Secured Lender - Conversion/Dismissal of Chapter 11 Case Representation of a major financial institution in defeating a debtor's efforts to vitiate absolute assignment of rents and confirm plan via cram down. We demonstrated that case should either be converted or dismissed because of conflicts of interest and breaches of fiduciary duties. (In re Prisco Properties, LLC, 2010 WL 4412095 (Bankr. D.N.J.))
2009 Fred Leighton - Jeweler to the Stars Debtors' counsel for Fred Leighton LLC, famous “Jeweler to the Stars,” and related companies in their Chapter 11 bankruptcy cases. Fred Leighton’s collection is widely recognized as the world's most prestigious collection of rare and historic jewels.
2009 Joseph Kahan - Arbitration Award Vacated Representation of Joseph Kahan in successfully petitioning the Kings County Supreme Court to vacate a rabbinical court's arbitration award regarding competing claims to real properties in Brooklyn and other assets. The arbitration agreement provided that the parties could proceed only with counsel acceptable to the arbitrators. Kahan participated in the arbitration even after the arbitrators rejected his proposed counsel and insisted that he could proceed only with counsel they would select for him. Initially, Kahan proceeded without counsel at all, but as the matter progressed, he realized that the arbitrators' procedures were unfair and he withdrew from the arbitration before the panel ruled. Describing its ruling as one of first impression under New York law, the court agreed that the arbitrators had denied Kahan the right to counsel of his choice, and overturned the award. This case was featured in the November 24th 2009 edition of the New York Law Journal. (26 Misc.3d 615, 889 N.Y.S.2d 839 (2009))
2009 Investment Fund - Distressed Asset Acquisition Representation of an investment fund in its acquisition of substantially all of the assets of Chapter 11 debtor Parmatic Filter Corporation and a related company, which manufacture filters used on U.S. Navy ships and that export filters to the militaries of friendly foreign governments.
Religious Corporation - Control Dispute Representation of the interests of an heir to the leadership of a major religious corporation in fending off a challenge from a rival faction for control of the community's institutions and organizations. In the Matter of Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 541 (2d Dep't 2006), aff'd, 9 N.Y.3d 282 (2007) and Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 480 (2d Dep't 2006)
2007 Commercial Bank - Cross-Border Mortgage Dispute Representation of a commercial bank in connection with a claim by a French entity that it held a commercial mortgage that was senior to our client's $23 million mortgage on a Manhattan hotel. The trial court entered a $242 million judgment of foreclosure in favor of the French entity which, if executed, would have extinguished our client's mortgage lien. On appeal, the Appellate Division reversed the trial court's decision and vacated the foreclosure judgment. We subsequently helped resolve the dispute with our client receiving payment in full.
2007 R6 Capital Management - PIK Loan Representation of R6 Capital Management L.P. in a $15 million PIK loan to Sports Capital Holdings (St. Louis) LLC, the owner of the St. Louis Blues Hockey Club. The loan, which is fully subordinated to a syndicated revolver and term loan, required the consent of the National Hockey League and the lenders under the senior syndicated facilities.
2006 New York Yankees - New Stadium Financing Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2005 Title Insurer/Secured Lender - Priority Dispute Representation of a secured lender in its claim to the proceeds of the sale of a borrower's principal asset. The court granted our motion for summary judgment, ruling that our client's claim had priority over competing claims asserted by produce sellers under the Perishable Agricultural Commodities Act. D.M. Rothman Co., Inc. v. Cohen Marketing Int'l, Inc., 2005 U.S. Dist. Lexis 14449, 2005 WL 1690524 (S.D.N.Y. 2005).
2004 Title Insurer/Secured Creditor - Lien Priority Dispute Representation of a title insurance company which was a secured creditor in a lien priority dispute with another creditor. After the properties securing the debt were sold, the bankruptcy court authorized payment of our client's claim, dismissing the competing secured creditor's claim. In re Litas International, Inc., 2004 WL 1488114, 2004 U.S. Dist. LEXIS 12151 (S.D.N.Y. 2004).
2001 Real Estate Developer/Investor - Won Dismissal of Suit Representation of a real estate developer/investor that proposed to invest in a debtor's Chapter 11 plan of reorganization, in a lawsuit arising out of the bankruptcy court's choice of a different plan. Ginsberg v. Schron, 288 A.D.2d 146, 732 N.Y.S.2d 858 (1st Dep't 2001).
1999 Lender and Loan Servicer - Liability Action Defense Representation of a lender and loan servicer in winning dismissal of lender liability actions. John Street Leasehold, LLC v. Capital Management Resources, 142 F.Supp.2d 527 (S.D.N.Y. 2001); John Street Leasehold LLC v. FDIC, 196 F.3d 379 (2d Cir. 1999).