Cases
Experience: Bankruptcy Engagements: Represent Morgan Stanley in on-going litigation regarding a $1.5 billion term loan to General Motors pending in the GM bankruptcy case pending before the Bankruptcy Court in the Southern District of New York.
Represented St
ard General, in its capacity as senior lender
auction winner of Radio Shack, in litigation brought by junior lenders. Reported at Salus Capital Partners, LLC v. St
ard Wireless, Inc., Adv. No. 15-50239 (BLS), 2016 WL 2865125 (Bankr. D. Del. May 11, 2016) ( In re Radio Shack Corp. ).
Represented holders of bonds issued by a General Motors subsidiary (with a face amount of $1 billion) in a complex trial over the holders' claims in the GM bankruptcy case before the Bankruptcy Court in the Southern District of Delaware. After trial, but before closing arguments, a settlement was reached whereby the holders received cash
claims valued at over $1.75 billion.
Represented Indianapolis Downs, an operator of a racetrack
casino, as a debtor in a variety of litigation matters before the Bankruptcy Court for the District of Delaware.
Represented a debtor in a variety of litigation matters, including a motion to appoint trustee, before the Bankruptcy Court for the District of Delaware. The debtor has reorganized pursuant to a plan of reorganization.
Represented a bankruptcy trustee in connection with the recovery of preferential transfers in a leveraged buyout which caused the debtor's insolvency. Argued that certain transfers were preferences in the bankruptcy
district courts
on appeal, argued that all payments at issue were transfers. Reported at Boyer v. Crown Stock Distrib., Inc., No. 1:06-CV-409RM, 2009 U.S. Dist. LEXIS 12393 (N.D. Ind. 2009), aff'd in part rev'd in part, 587 F.3d 787 (7th Cir. 2009).
Represented an equity holder of a debtor, a leading maker of injection-molded automotive plastic components, in litigation matters before the Bankruptcy Court for the Eastern District of Michigan. Served as first chair for a four-month trial of a contract dispute with the debtor
its lenders, reported at In re Venture Holdings Co., LLC, No. 03-48939, 2005 Bankr. LEXIS 76 (Bankr. E.D.Mich. January 26, 2005). Also served as lead defense counsel in an adversary proceeding filed by the bankruptcy trustee seeking in excess of $500 million
reported decisions include Gold v. Winget, 407 B.R. 232 (Bankr. E.D. Mich. 2009),
Gold v. Winget, 376 B.R. 194 (Bankr. E.D. Mich. 2007).
Civil Engagements: Successfully defended Verizon Wireless in litigation filed by the City of Chicago alleging that a number of internet retailers
national wireless telephone providers engaged in an illegal scheme to divert certain types of sales
use taxes to the wrong entities. Verizon Wireless avoided potentially millions of dollars of liability. City of Chicago v. City of Kankakee et al., 11 CH 29744 (consolidated with 11 CH 29745
11 CH 34266) (Ill. Cir. Ct. 2015) (Flynn J.)).
Defended a private equity sponsor in a dispute with a co-investor in federal court. Achieved a favorable settlement for the client in December 2010 after a jury was seated
the plaintiff testified. Reported decisions include Triad Capital Mgmt., LLC v. Private Equity Capital Corp., No. 07 C 3641, 2008 U.S. Dist. LEXIS 75983 (N.D. Ill. August 25, 2008) (denying a motion to dismiss),
2010 U.S. Dist. LEXIS 77145 (N.D. Ill. July 29, 2010) (denying a motion for summary judgment).
Defended an affiliate of Verizon Capital Corporation in a multimillion-dollar contract dispute regarding leveraged lease transactions of oil tankers. Served as lead trial
appellate counsel, prevailing at the appellate level. Reported at Lease Mgmt. Equip. Corp. v. DFO P'Ship, 910 N.E.2d 709 (Ill. App. Ct., 1st Dist., 2009).
Represented an employee in the ultimate affirmation on appeal of a denial of a motion for preliminary injunction in a suit filed by her former employer alleging trade secret misappropriation
breach of fiduciary duty. Reported at Dorel Juvenile Group, Inc. v. DiMartinis, 495 F.3d 500 (7th Cir. 2007).
Defended a subsidiary of Verizon Communications, Inc. in a RICO suit. Served as lead counsel in the district
appellate courts, prevailing at both levels. Reported at Booker v. GTE.net LLC, 214 F. Supp. 2d 746 (E.D. Ky 2002)
aff'd, 350 F.3d 515 (6th Cir. 2003).
Criminal Cases
Internal Investigations: Represented a national accounting firm in several investigations performed by the SEC
DOJ.
Represented a large corporation in connection with a confidential investigation by a state attorney general regarding business practices in connection with a merger.
Represented a private manufacturer in a Gr
Jury investigation of FCPA violations regarding sales to Iraq. Received a no prosecution letter in October 2010.
Represented a major coupon processor in a Gr
Jury investigation conducted by the U.S. Attorney's Office in Milwaukee, Wisconsin,
negotiated a deferred prosecution agreement.
Conducted a confidential internal investigation for a large corporation in connection with a bid protest of the award of a major state contract.
Conducted several internal investigations for the North American subsidiary of a large Japanese conglomerate relating to a variety of employment issues.
Represented several related corporations in connection with a Gr
Jury investigation
the Government's intention to implement a taint team to review potentially privileged materials. Reported at In re Gr
Jury Subpoenas (04-124-03
04-124-05), 454 F.3d 511 (6th Cir. 2006).
Appellate Decisions (Collected): Boyer v. Crown Stock Distrib., Inc., No. 1:06-CV-409RM, 2009 U.S. Dist. LEXIS 12393 (N.D. Ind. 2009), aff'd in part rev'd in part, 587 F.3d 787 (7th Cir. 2009).
Lease Mgmt. Equip. Corp. v. DFO P'Ship, 910 N.E.2d 709 (Ill. App. Ct., 1st Dist., 2009).
Dorel Juvenile Group, Inc. v. DiMartinis, 495 F.3d 500 (7th Cir. 2007).
In re Gr
Jury Subpoenas (04-124-03
04-124-05), 454 F.3d 511 (6th Cir. 2006).
Booker v. GTE.net LLC, 214 F. Supp. 2d 746 (E.D. Ky 2002)
aff'd, 350 F.3d 515 (6th Cir. 2003).
