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CARRIE A. TENDLER
carrie.tendler@kobrekim.com
New York:
800 Third Avenue, New York, New York 10022
Tel. +1 212 488 1213
Fax. +1 212 488 1235
Carrie A. Tendler practices in the area of complex commercial litigation, where she focuses on disputes against banks, investment companies, and other financial services firms on behalf of institutional investors and other institutional clients. Ms. Tendler also has extensive experience in complex cross-border litigation involving insolvency and debtor-creditor disputes, as well as deal, joint venture and partnership related matters.
Recent Engagements:
Financial Products & Services Litigation:
- Representation of an institutional client in connection with a dispute of breaches of representations and warranties in PSA and MLPA in a securitization worth over US $1 billion
- Representation of hedge fund investment manager and its principals in litigation over US $280 million in losses stemming from "Ponzi scheme" associated with Bernard Madoff
- Representation of a public company in a claim against a major investment bank in connection with mismanagement of more than US $100 million of collateralized debt obligations positions
- Representation of a consortium of hedge funds in litigation against an Asian manufacturing company, alleging breach of contract, breach of fiduciary duty, and conversion, among others, under a securities purchase agreement
- Representation of a multinational software development company in managing general litigation issues arising out of a patent dispute
Insolvency & Debtor-Creditor Disputes:
- Representation of a prominent Asian life insurance company in assessing potential claims against an issuer and collateral manager of bonds collateralized by a portfolio of life settlements that lost value due to mismanagement and illiquidity in the life settlements market
- Defense of an investment firm and its founder in a subsequent transfer action brought by the Court-appointed Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") in the U.S. Bankruptcy Court for the Southern District of New York, to recover funds deposited by another BLMIS customer
- Representation of a Cayman Islands fund in connection with matters in the courts of the Cayman Islands and the U.S. Bankruptcy Court for the Southern District of New York relating to attempts by the Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC to recover losses arising from the Bernard Madoff "Ponzi scheme"
- Representation of a judgment creditor in enforcing a judgment in excess of US $500 million, as against a multinational company judgment debtor with assets in Europe and Asia
Joint Venture & Partnership Disputes:
- Representation of an institutional investor in litigation relating to corporate control over joint venture investments in a South American utility company, which supplied the power to substantial portions of Peru
- Representation of a mobile phone technology manufacturer in arbitration proceedings arising from a joint-venture contractual dispute over royalty payments to another mobile phone technology manufacturer
- Representation of a real estate development company in connection with an investigation by the New York State Attorney General's Office relating to joint investment ventures in residential apartments
Class & Derivative Actions:
- Representation of a public, global technology company's board of directors in multiple shareholder class actions in Delaware and Florida alleging breach of fiduciary duty by the board of directors in connection with the approval of a US $2 billion tender offer by Verizon Holdings Inc.
- Representation of a hedge fund investment manager in derivative actions and purported class-actions lawsuit filed by investors against so called "feeder-funds" that held securities with Bernard Madoff
- Representation of a Taiwanese technology company in defense of antitrust actions alleging cartel behavior in the Liquid Crystal Display industry
Government Enforcement Defense:
- Representation of a former employee of an online gaming company, in connection with a criminal investigation by U.S. Attorney's Office for the Southern District of New York into criminal internet gambling charges
- Representation of a senior executive at a construction company in connection with an investigation by the Antitrust Division of the U.S. Department of Justice arising out of allegations of kickbacks and bribes to major New York City area hospitals
- Representation of a criminal defendant charged with bribery and extortion in connection with a New York Department of Education school busing scandal
- Representation of a health care provider in connection with a U.S. Department of Justice investigation relating to Medicare and insurance billing issues
Prior To Kobre & Kim LLP:
Prior to joining Kobre & Kim LLP, Ms. Tendler practiced at Cravath, Swaine & Moore LLP, where she had a broad-based litigation practice representing private and institutional clients in civil and regulatory actions.
After law school, Ms. Tendler clerked for the Honorable Paul J. Kelly, Jr. of the United States Court of Appeals for the Tenth Circuit.
Professional & Community Involvement:
- Federal Bar Council, Member
- Fordham University School of Law, Adjunct Professor of Trial Advocacy
News & Publications:
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James Kainen & Carrie A. Tendler, The Case for a Constitutional Definition of Hearsay: Requiring Confrontation of Testimonial, Nonassertive Conduct and Statements Admitted to Explain an Unchallenged Investigation, 93 Marq. L. Rev. 1415 (2010)
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An Indictment of Bright Line Tests for Honest Services Mail Fraud, 72 Fordham L. Rev. 2729 (2004)
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Practice Focus:
Education:
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Fordham University School of Law, J.D.
Fordham Law Review (Associate Editor)
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Pennsylvania State University, B.A.
Admissions:
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New York
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U.S. District Courts for the Southern and Eastern Districts of New York
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U.S. Court of Appeals for the Second Circuit
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U.S. Court of Appeals for the Tenth Circuit
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