Partner
CurrentNotable experience:- NextEra Energy in its bankruptcy court trial victory against the Adelphia Communications Recovery Trust, which had sued to recover approximately $300 million for an allegedly fraudulent transfer from Adelphia to two NextEra subsidiaries;- A. Schulman, Inc. and certain of its subsidiaries in two lawsuits, including one that went to trial in Delaware Chancery Court, asserting breach of contract, fraud and breach of fiduciary duty claims against former owners of Citadel Plastic Holdings and Lucent Polymers;- successfully securing dismissal on all counts of $1.5 billion-plus excessive fee claims under Section 36(b) of the Investment Company Act against one of the world’s largest asset managers after an eight-day bench trial in the District of NJ. The case was one of the largest ever involving claims against mutual funds;- Anglo Irish Bank as part of the trial team that obtained a complete victory in its arbitration against Peninsula Real Estate Fund I GP, stemming from a real estate development partnership the bank funded. Following weeks of factual and expert testimony from more than two dozen witnesses, extensive post-hearing briefing and a day of closing arguments, the tribunal awarded the bank the removal of the general partner and denied the general partner’s claims for more than $75 million in damages;- Barclays Bank in an interpleader action relating to defaults under an indenture for a collateralized debt obligation backed by commercial real estate assets;- Excel Maritime Carriers, Ltd. in litigation arising out of the Chapter 11 restructuring of its bank and bond debt;- a partnership dispute spanning multiple jurisdictions with claims of an alleged oral partnership agreement, breach of fiduciary duty, civil conspiracy and fraud; and- an international investment bank in connection with disputes involving proceedings in New York and London relating to several billions of dollars of structured finance products.
