Financial Services/Litigation Representations:
- Financial institution at trial and on appeal in a multifaceted breach of contract and fraud action arising from a failed real estate joint venture.
- Indenture trustees in four federal court securities law and breach of contract actions filed by subordinate certificateholders of RMBS securitizations.
- Credit default swap counterparty in $1 billion termination dispute.
- Investment banks in 20 litigations against residential mortgage loan originators for early payment default and breach of representation and warranty claims concerning $3 billion in loans.
- CMBS special servicer in the largest commercial loan workout in U.S. history.
- CMBS special servicers in commercial loan foreclosure actions involving hotels, office buildings and raw land and related receiverships in New York and nationwide.
- Banks, as mortgage lender, in a lawsuit by a mezzanine loan holder regarding priority of payment under the waterfall provision of an intercreditor agreement.
- Investment bank in connection with a dispute arising from forward commitments for a $2 billion loan transaction.
- National bank in the foreclosure of a $50 million loan package on Manhattan office building, including the appointment of a receiver to complete building renovation.
- CDO collateral manager in commercial loan foreclosure.
- Investment bank as mortgage/mezzanine lender, servicer and investor for a $4 billion loan package secured by commercial and residential properties.
- Indenture trustees in securities/consumer (ARMs) class actions.
- Investment bank in adversary proceedings (breach of contract and UCC Art. 3) against title insurers and closing agents arising from a Ponzi scheme relating to residential mortgage loans.
- National counsel to an investment bank in suits on notes and guaranties in 10 states arising from a $200 million commercial loan portfolio, including workouts and foreclosures.
- Mezzanine lenders in UCC Art. 9 equity collateral foreclosures.
- Secured lenders in breach of contract/UCC Art. 9 litigations involving commercial properties and leases.
- Senior participant in contract action arising from junior participant’s purported right of first refusal to purchase senior interest based on qualified institutional lender (QIL) provision.
- Trial counsel to a national bank’s credit card group.
- Financial institutions in approximately 15 predatory lending suits (TILA, RESPA).
- Financial institution in a Fair Debt Collection Practices Act class action lawsuit.
Financial Services/Regulatory Representations:
- Independent counsel in connection with a high-profile Office of the Comptroller of Currency and Federal Reserve Bank examinations of foreclosure and loan modification practices at two national banks pursuant to Consent Orders.
- Hedge fund in responding to a civil investigative demand issued by the attorney general of Massachusetts concerning CDO program.
- Employees in one of the UK’s largest banks in an Office of Foreign Asset Control regulatory investigation by U.S. authorities.
General Commercial Litigation Representations:
- Belgian company as the defendant in the “Oil for Food” litigation filed by the Republic of Iraq.
- London-based insurers in insurance coverage dispute in which the insured sought indemnification for $400 million in claims under a commercial general liability policy.
- London-based excess insurers in a $44 million property damage and wrongful death case arising from a power plant fire.
- Estate of deceased victims of July 2000 Concorde aircraft crash in high-profile wrongful death actions in New York and Texas.
- Offshore survey and positioning company in two complex negligence and breach of contract cases arising from multimillion-dollar construction accidents in connection with a natural gas pipeline installation.
- South American pharmaceutical and home products company in a worldwide dispute with U.S. pharmaceutical conglomerate concerning the licensing, manufacture and sale of pharmaceutical products, which involved three international litigations, two ICC arbitrations and three U.S. arbitral award confirmation proceedings.
- U.K. insolvency administrators in a multifaceted dispute with a debtor and related companies in two U.S. court proceedings.
- On pro bono basis, individual plaintiffs in age, race and national origin discrimination employment lawsuits and the City of New York, police officers and firefighters in excessive force/wrongful arrest lawsuits.
Domestic and International Arbitration:
- Chilean natural gas company against an Argentine gas supplier (ICDR, New York).
- South American pharmaceutical company in a $100 million arbitration against U.S. pharmaceutical in a dispute concerning breach of contract and product licensing and distribution issues (ICC, New Jersey).
- Hedge fund investor against a fund manager in an action for 1933 and 1934 Act violations, breach of contract and fraud (AAA, New York).