Cases
Experience: Fraud
Breach of Fiduciary Duty Disputes: Counsel for Unsecured Creditors Committee in Vesttoo bankruptcy
investigated claims arising from global reinsurance fraud involving approximately $4 billion of fraudulent letters of credit, with related insolvency proceedings in the United States, Israel
Bermuda (Bankr. D. Del. 2024).
Obtained summary judgment for former chief executive officer of a publicly traded corporation in an adversary proceeding over claims arising out of alleged breach of fiduciary duties
seeking damages of more than $250 million in Deborah Caruso, Chapter 7 Trustee for ITT Educational Services Inc, et al. v. Modany (S.D. Indiana 2022).
Defended regulated financial institution against claims of aiding
abetting fraud
breach of fiduciary duty claims arising out of scam to obtain stranger-owned life insurance policies through employer welfare benefits plan
related trust
matter settled after end of multi-week arbitration trial.
Defended distressed debt financing fund against claims for aiding
abetting breaches of fiduciary duty
fraud arising out of vendor note program of failing national retail chain in P&A Marketing, et al. v. Anna's Linens, Inc., et al. (Bankr. C.D. Cal.).
Bankruptcy Litigation: Litigation counsel for senior secured lender
investor in adversary proceeding over claims of fraudulent transfers
related claims (Bankr. D. Del.)
Represented noteholders of power plant owner in claims objection proceedings seeking PPA rejection damages of over $435 million in Brazos Electric Power Cooperative bankruptcy (Bankr. S.D. Tex. 2022).
Represented Official Committee of Unsecured Creditors as litigation counsel in liquidating chapter 11 proceeding of multiple assisted living facilities in the Southeast in In re Gulf Coast Health Care, et al., (Bankr. D. Del. 2022).
Represented Puerto Rico Electric Power Authority in PROMESA Title III proceedings, including trial of Debtor's motion for post-petition financing
in response to inquiries from Congressional committees, FEMA, Official Committee of Unsecured Creditors
OIG into FEMA funding
certain power restoration contracts following devastating impact of 2017 hurricanes in Puerto Rico (D.P.R.).
Litigation counsel for a leading beauty industry hair salon
spa in adversary proceeding over claims arising out of purchase of target company (Bankr. S.D.N.Y.).
Litigation counsel for secured mezz lender in successfully dismissing mezz borrower's bankruptcy case that was filed on the eve of a foreclosure sale (Bankr. S.D.N.Y.).
Advised a foreign institutional investor against clawbacks of alleged fraudulent transfers arising out of the Bernard Madoff Ponzi Scheme.
Resolved claims arising out of insolvency
UCC secured transactions on behalf of a consumer product manufacturer prior to initiation of litigation.
Cross-Border Disputes
Complex Litigation: Defended
resolved claims against a leading Chinese portfolio company in cross-border litigation arising from a commercial dispute in excess of $10 million (Mass. Business Litigation Session).
Obtained dismissal on motion to dismiss of all claims asserted against a multinational financial institution for claims of breach of contract, negligence,
violation of Massachusetts unfair
deceptive trade practices implicating state escheat laws
regulations (D. Mass. 2022).
Obtained summary judgment, affirmed by the First Circuit, for a prominent surgeon against claims arising out of an alleged breach of an oral contract
unfair
deceptive practices seeking over $3 million in damages in Shea v. Millett (1st Cir. 2022
D. Mass. 2021).
Defended
resolved for an event technology company claims of conspiracy, misappropriation of trade secrets, aiding
abetting breach of fiduciary duty,
unfair competition seeking over $8 million in damages.
Advised a Fortune 1000 Company on the assessment
resolution of claims arising out of M&A transaction related to undisclosed legacy letters of credit
the impact of target company's previous bankruptcy reorganization on those potential liabilities.
Obtained a voluntary dismissal of an action for wire fraud
negligence claims against a multinational financial institution after filing motion to dismiss.
