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Conflict-Free.
We serve as special litigation counsel providing conflict-free, aggressive advocacy. We avoid repeat, ongoing client relationships, and the conflicts of interest that can develop as a result. Accordingly, we maintain our independence as advocates ready to litigate against virtually any institution.
Cross-Border Insolvency and Debtor-Creditor Disputes.
While most litigation boutiques are local, we are the only pure litigation boutique operating in multiple jurisdictions in the United States, United Kingdom, Hong Kong, and offshore jurisdictions. As a result, we are a particularly good fit for multi-jurisdictional insolvency, credit agreement, or judgment enforcement disputes.
Representative Engagements.
Intercreditor Agreement (ICA) Disputes.
- Representation of a mezzanine lender in dispute against senior secured lender with approximately US $60 million in controversy involving allocation of proceeds from borrower repayments and asset seizures, related to real estate developments in New York
- Representation of a German bank in dispute alleging illegal restructuring of revolving credit and letter of credit facility against a number of other large banks in a lending consortium in a US $2 billion facility, involving litigation in the U.S. Bankruptcy Court for the Southern District of New York and the U.S. District Court for the Southern District of New York
Fraudulent Conveyance and Voidable Preference Actions.
- Representation of a large European commercial bank in "clawback" actions filed by a liquidating hedge fund in the U.S. Bankruptcy Court for the Southern District of New York and the courts of the British Virgin Islands
- Representation of a real estate investor in connection with Rule 2004 examinations and other bankruptcy litigation as a creditor in a proceeding in the U.S. Bankruptcy Court for the Southern District of Florida and related proceedings in the Florida state courts
- 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
Credit Facility, Guaranty & Restructuring Disputes.
- Representation of a Delaware LLC in enforcement of debt obligations in the Turks & Caicos Islands (TCI) against insolvent debtor company based in TCI for repayment of multi-million pounds sterling debt
- Representation of a Venezuelan oil refinery in dispute against several U.S. and European banks relating to alleged default under credit agreement involving more than US $600 million of debt
- Representation of a creditor on guaranty against billionaire individual guarantor, to collect on more than US $50 million of debt as against a defense of invalidity of guaranty
- Representation of private client guarantor in defending against attempted collection of more than US $30 million in debt involving dispute over whether "bad boy clause" had been triggered for liability under the conditional guaranty
Lender Liability Disputes.
- Representation of a private equity firm with mixed debt/equity investment in a food products company, against adversary proceedings brought by creditors' committee in U.S. Bankruptcy Court for the District of Delaware
- Representation of a hedge fund in defending against lender liability claims as against a bankrupt telecommunications company, involving litigation in the New York state courts and the courts of Jamaica
Subordination of Claims and Priority Contests.
- Representation of the Cayman Islands branch of a large European investment bank in an inter-creditor dispute with a U.S. commercial bank arising out of a bankruptcy proceeding involving a prominent gaming company, litigated in U.S. Bankruptcy Court for the District of Delaware
- Representation of real estate financing companies in proceedings in the U.S. Bankruptcy Court for the District of Delaware, seeking repayment of a commercial real estate deposit on a US $60 million property
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New York
