Insolvency

The Firm has a unique practice in the insolvency field, representing a select group of clients in high stakes and high profile matters through its attorneys who bring broad practice and academic experience to the table in both Bankruptcy Law and dispute resolution. The representations in the insolvency field handled by the Firm’s attorneys, currently and over the years, include:

  • representing 344 former senior executives of Shearson Lehman Brothers Inc. in hotly contested defense of an effort by the Trustee of the Lehman Brothers bankruptcy estate to subordinate and thereby extinguish the deferred compensation pension retirement entitlements that the clients funded in the 1980s (the client claims total approximately $260 million)
  • the Firm was co-lead litigation counsel for the Debtor Strauss Discount Auto which filed a bankruptcy case in Delaware against its former indirect parent and controlling stockholder (the Complaint was based on the avoidance powers, and various corporate law and tort theories, and after lengthy briefing, the Bankruptcy Court largely denied a motion to dismiss; the case was thereafter settled for a payment of $8.5 million)
  • an attorney in the Firm was an expert in a case in Israel entitled Alpha Capital Anstalt v. Ness Energy of Israel, Inc., on issues of the validity and effectiveness of a judgment of the United States District Court for the Southern District of New York; he filed a lengthy report and a reply to the report of the defendant’s expert, and also gave testimony in Tel Aviv, Israel
  • the Firm represented one of the largest creditors in a Chapter 11 bankruptcy reorganization in its claims for in excess of $7,000,000 arising from the client’s acquisition of a former subsidiary of the debtor (the claims included demand for an adjustment to the purchase price in accordance with the acquisition agreement and breach of warranty and misrepresentation with regard to the representations made prior to the acquisition)
  • one of the Firm’s attorneys represented the liquidators of Hyundai Motors over the course of a decade primarily for the recovery of claims in which the insolvent estates had debts in excess of $228 million
  • an attorney in the Firm served as the mediator in an adversary proceeding involving a $33.7 million payment which the plaintiff sought to avoid and recover under provisions of the Bankruptcy Code; the underlying case was pending in the United States Bankruptcy Court for the District of Delaware.  After a lengthy mediation process, the matter was settled
  • one of the Firm’s attorneys successfully defended a challenge brought by a Government Revenue Service of South Africa against a Dutch state-owned bank to the bank’s proven secured claims of approximately $1.8 million and $36 million, respectively, which, if successful, would have resulted in the Revenue Service becoming entitled to the interim distribution paid to the bank
  • one of the Firm’s attorneys previously represented Citibank as secured lender in a number of law firm bankruptcy cases, including Brobeck, Heller Ehrman, Thelen and Coudert
  • the Firm’s attorneys have developed through experience some of the country’s leading expertise on lending to law firms and law firm insolvency issues
  • one of the Firm’s attorneys represented the Debtor, Hoop Holdings (The Disney Stores), in its Chapter 11 case in the United States District Court for the District of Delaware; the case resulted in a consensual plan by which the Debtors were sold to Disney, and significant payments were made to unsecured creditors
  • one of the Firm’s attorneys, Jonathan M. Landers, serves on the mediation panels in the Bankruptcy Courts for the Southern and Eastern Districts of New York and the District of Delaware