Alternative Dispute ResolutionRestructuring and Bankruptcy
Litigation
Corporate Restructuring and Disposition
Charitable OrganizationsConsumer Products Manufacturing
Electronics
Industrial Manufacturing & Chemicals
Real Estate
Retail
Telecommunications Services
Sports
Financial Services
Food and Beverage
Fordham University School of Law, J.D., 1991 cum laude
University of Pennsylvania, The Wharton School
New YorkNew Jersey
U.S. District Court, E.D. New YorkU.S. District Court, S.D. New York
U.S. District Court, W.D. New York
U.S. District Court, Dist. of New Jersey
U.S. Court of Appeals, 2nd Cir.
U.S. Court of Appeals, 7th Cir.
American Bankruptcy Institute
Turnaround Management Association
American Bar Association
New York State Bar Association
Ongoing
Secured Lenders - Real Estate Bankruptcies
Representation of mortgagees in several real estate bankruptcy cases.
Secured Lenders - Real Estate Bankruptcies
Representation of mortgagees in several real estate bankruptcy cases.
2012
Penn Camera Exchange, Inc.
Represented chair of official committee of unsecured creditors, successfully negotiated allowance of 503(b)(9) claims and structured dismissal.
Penn Camera Exchange, Inc.
Represented chair of official committee of unsecured creditors, successfully negotiated allowance of 503(b)(9) claims and structured dismissal.
Ongoing
Madoff Case - Hedge Fund Representation
Representation of several hedge funds that invested tens of millions of dollars with Bernard L. Madoff, pursuing recoveries and defending against clawback and other claims.
Madoff Case - Hedge Fund Representation
Representation of several hedge funds that invested tens of millions of dollars with Bernard L. Madoff, pursuing recoveries and defending against clawback and other claims.
2011
Real Estate Owner - New York City Board of Standards and Appeals Case
Representation of a Brooklyn real estate owner before the New York City Board of Standards and Appeals in connection with a successful effort to prevent adverse parties from obtaining building permits.
Real Estate Owner - New York City Board of Standards and Appeals Case
Representation of a Brooklyn real estate owner before the New York City Board of Standards and Appeals in connection with a successful effort to prevent adverse parties from obtaining building permits.
2011
United Airlines - Important Precedent for Claims Purchasers
Representation of a claims purchaser in Seventh Circuit Court of Appeals decision that established that a buyer of a pre-petition claim is also entitled to assert the seller's cure claim.
United Airlines - Important Precedent for Claims Purchasers
Representation of a claims purchaser in Seventh Circuit Court of Appeals decision that established that a buyer of a pre-petition claim is also entitled to assert the seller's cure claim.
2011
Affiliate of National Football League Franchise - Special Counsel
Served as special counsel to affiliate of National Football League franchise in connection with refinancing of its practice facility.
Affiliate of National Football League Franchise - Special Counsel
Served as special counsel to affiliate of National Football League franchise in connection with refinancing of its practice facility.
2011
Stalking Horse Bidder - Acquisition of Photos from Polaroid Fine Art Collection
Representation of a successful stalking horse bidder in connection with the acquisition, from the bankruptcy estate of the Polaroid Corporation, of an extensive collection of more than 10,000 photographs from the Polaroid Fine Art Collection. Many of the photos are of museum quality and were taken by renowned photographers.
Stalking Horse Bidder - Acquisition of Photos from Polaroid Fine Art Collection
Representation of a successful stalking horse bidder in connection with the acquisition, from the bankruptcy estate of the Polaroid Corporation, of an extensive collection of more than 10,000 photographs from the Polaroid Fine Art Collection. Many of the photos are of museum quality and were taken by renowned photographers.
2010
Loan Servicer - Relief from Automatic Stay
Representation of a lender in its successful motion for stay relief nineteen days after the debtor filed its Chapter 11 case in a New Jersey bankruptcy court. We then helped fend off the debtor's motion to vacate order, granting the lender stay relief.
Loan Servicer - Relief from Automatic Stay
Representation of a lender in its successful motion for stay relief nineteen days after the debtor filed its Chapter 11 case in a New Jersey bankruptcy court. We then helped fend off the debtor's motion to vacate order, granting the lender stay relief.
2010
Automotive Electronics Distributor -Workout
Representation of an automotive electronics distributor in the successful negotiation of a forbearance agreement with its secured lender.
Automotive Electronics Distributor -Workout
Representation of an automotive electronics distributor in the successful negotiation of a forbearance agreement with its secured lender.
2010
Secured Lender - Conversion/Dismissal of Chapter 11 Case
Representation of a major financial institution in defeating a debtor's efforts to vitiate absolute assignment of rents and confirm plan via cram down. We demonstrated that case should either be converted or dismissed because of conflicts of interest and breaches of fiduciary duties. (In re Prisco Properties, LLC, 2010 WL 4412095 (Bankr. D.N.J.))
Secured Lender - Conversion/Dismissal of Chapter 11 Case
Representation of a major financial institution in defeating a debtor's efforts to vitiate absolute assignment of rents and confirm plan via cram down. We demonstrated that case should either be converted or dismissed because of conflicts of interest and breaches of fiduciary duties. (In re Prisco Properties, LLC, 2010 WL 4412095 (Bankr. D.N.J.))
2009
Fred Leighton - Jeweler to the Stars
Debtors' counsel for Fred Leighton LLC, famous “Jeweler to the Stars,” and related companies in their Chapter 11 bankruptcy cases. Fred Leighton’s collection is widely recognized as the world's most prestigious collection of rare and historic jewels.
Fred Leighton - Jeweler to the Stars
Debtors' counsel for Fred Leighton LLC, famous “Jeweler to the Stars,” and related companies in their Chapter 11 bankruptcy cases. Fred Leighton’s collection is widely recognized as the world's most prestigious collection of rare and historic jewels.
2009
Joseph Kahan - Arbitration Award Vacated
Representation of Joseph Kahan in successfully petitioning the Kings County Supreme Court to vacate a rabbinical court's arbitration award regarding competing claims to real properties in Brooklyn and other assets. The arbitration agreement provided that the parties could proceed only with counsel acceptable to the arbitrators. Kahan participated in the arbitration even after the arbitrators rejected his proposed counsel and insisted that he could proceed only with counsel they would select for him. Initially, Kahan proceeded without counsel at all, but as the matter progressed, he realized that the arbitrators' procedures were unfair and he withdrew from the arbitration before the panel ruled. Describing its ruling as one of first impression under New York law, the court agreed that the arbitrators had denied Kahan the right to counsel of his choice, and overturned the award. This case was featured in the November 24th 2009 edition of the New York Law Journal. (26 Misc.3d 615, 889 N.Y.S.2d 839 (2009))
Joseph Kahan - Arbitration Award Vacated
Representation of Joseph Kahan in successfully petitioning the Kings County Supreme Court to vacate a rabbinical court's arbitration award regarding competing claims to real properties in Brooklyn and other assets. The arbitration agreement provided that the parties could proceed only with counsel acceptable to the arbitrators. Kahan participated in the arbitration even after the arbitrators rejected his proposed counsel and insisted that he could proceed only with counsel they would select for him. Initially, Kahan proceeded without counsel at all, but as the matter progressed, he realized that the arbitrators' procedures were unfair and he withdrew from the arbitration before the panel ruled. Describing its ruling as one of first impression under New York law, the court agreed that the arbitrators had denied Kahan the right to counsel of his choice, and overturned the award. This case was featured in the November 24th 2009 edition of the New York Law Journal. (26 Misc.3d 615, 889 N.Y.S.2d 839 (2009))
2009
Diagnostic Testing Company - Restructuring
Representation of a diagnostic testing company in restructuring its outstanding debentures.
Diagnostic Testing Company - Restructuring
Representation of a diagnostic testing company in restructuring its outstanding debentures.
2009
Investment Fund - Distressed Asset Acquisition
Representation of an investment fund in its acquisition of substantially all of the assets of Chapter 11 debtor Parmatic Filter Corporation and a related company, which manufacture filters used on U.S. Navy ships and that export filters to the militaries of friendly foreign governments.
Investment Fund - Distressed Asset Acquisition
Representation of an investment fund in its acquisition of substantially all of the assets of Chapter 11 debtor Parmatic Filter Corporation and a related company, which manufacture filters used on U.S. Navy ships and that export filters to the militaries of friendly foreign governments.
2008
Executive Recruitment Agency - Favorable Settlement
Representation of a former fifty percent owner of an executive recruitment agency in litigation regarding business divorce, which resulted in a favorable settlement.
Executive Recruitment Agency - Favorable Settlement
Representation of a former fifty percent owner of an executive recruitment agency in litigation regarding business divorce, which resulted in a favorable settlement.
2007
Religious Corporation - Control Dispute
Representation of the interests of an heir to the leadership of a major religious corporation in fending off a challenge from a rival faction for control of the community's institutions and organizations. In the Matter of Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 541 (2d Dep't 2006), aff'd, 9 N.Y.3d 282 (2007) and Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 480 (2d Dep't 2006)
Representation of the interests of an heir to the leadership of a major religious corporation in fending off a challenge from a rival faction for control of the community's institutions and organizations. In the Matter of Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 541 (2d Dep't 2006), aff'd, 9 N.Y.3d 282 (2007) and Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 480 (2d Dep't 2006)
2007
Telecommunications Company - Out of Court Wind-Down
Representation of a mobile virtual network operator (MVNO) with respect to the wind-down of its operations and negotiated settlements with numerous creditors.
Telecommunications Company - Out of Court Wind-Down
Representation of a mobile virtual network operator (MVNO) with respect to the wind-down of its operations and negotiated settlements with numerous creditors.
2007
Professional Sports Franchise Affiliates - Stadium Financings
Advice to affiliates of National Football League franchises regarding financing issues for the construction of new stadium.
Professional Sports Franchise Affiliates - Stadium Financings
Advice to affiliates of National Football League franchises regarding financing issues for the construction of new stadium.
2007
Commercial Bank - Cross-Border Mortgage Dispute
Representation of a commercial bank in connection with a claim by a French entity that it held a commercial mortgage that was senior to our client's $23 million mortgage on a Manhattan hotel. The trial court entered a $242 million judgment of foreclosure in favor of the French entity which, if executed, would have extinguished our client's mortgage lien. On appeal, the Appellate Division reversed the trial court's decision and vacated the foreclosure judgment. We subsequently helped resolve the dispute with our client receiving payment in full.
Commercial Bank - Cross-Border Mortgage Dispute
Representation of a commercial bank in connection with a claim by a French entity that it held a commercial mortgage that was senior to our client's $23 million mortgage on a Manhattan hotel. The trial court entered a $242 million judgment of foreclosure in favor of the French entity which, if executed, would have extinguished our client's mortgage lien. On appeal, the Appellate Division reversed the trial court's decision and vacated the foreclosure judgment. We subsequently helped resolve the dispute with our client receiving payment in full.
2007
R6 Capital Management - PIK Loan
Representation of R6 Capital Management L.P. in a $15 million PIK loan to Sports Capital Holdings (St. Louis) LLC, the owner of the St. Louis Blues Hockey Club. The loan, which is fully subordinated to a syndicated revolver and term loan, required the consent of the National Hockey League and the lenders under the senior syndicated facilities.
R6 Capital Management - PIK Loan
Representation of R6 Capital Management L.P. in a $15 million PIK loan to Sports Capital Holdings (St. Louis) LLC, the owner of the St. Louis Blues Hockey Club. The loan, which is fully subordinated to a syndicated revolver and term loan, required the consent of the National Hockey League and the lenders under the senior syndicated facilities.
2006
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2005
Title Insurer/Secured Lender - Priority Dispute
Representation of a secured lender in its claim to the proceeds of the sale of a borrower's principal asset. The court granted our motion for summary judgment, ruling that our client's claim had priority over competing claims asserted by produce sellers under the Perishable Agricultural Commodities Act. D.M. Rothman Co., Inc. v. Cohen Marketing Int'l, Inc., 2005 U.S. Dist. Lexis 14449, 2005 WL 1690524 (S.D.N.Y. 2005).
Title Insurer/Secured Lender - Priority Dispute
Representation of a secured lender in its claim to the proceeds of the sale of a borrower's principal asset. The court granted our motion for summary judgment, ruling that our client's claim had priority over competing claims asserted by produce sellers under the Perishable Agricultural Commodities Act. D.M. Rothman Co., Inc. v. Cohen Marketing Int'l, Inc., 2005 U.S. Dist. Lexis 14449, 2005 WL 1690524 (S.D.N.Y. 2005).
2005
Equity Owner - NewPower Company/Enron-Related Bankruptcy
Representation of a major equity security holder in the Chapter 11 cases of The NewPower Company and related debtors, whose largest secured creditor, shareholder and warrant holder was Enron Corp.
Equity Owner - NewPower Company/Enron-Related Bankruptcy
Representation of a major equity security holder in the Chapter 11 cases of The NewPower Company and related debtors, whose largest secured creditor, shareholder and warrant holder was Enron Corp.
2004
Title Insurer/Secured Creditor - Lien Priority Dispute
Representation of a title insurance company which was a secured creditor in a lien priority dispute with another creditor. After the properties securing the debt were sold, the bankruptcy court authorized payment of our client's claim, dismissing the competing secured creditor's claim. In re Litas International, Inc., 2004 WL 1488114, 2004 U.S. Dist. LEXIS 12151 (S.D.N.Y. 2004).
Title Insurer/Secured Creditor - Lien Priority Dispute
Representation of a title insurance company which was a secured creditor in a lien priority dispute with another creditor. After the properties securing the debt were sold, the bankruptcy court authorized payment of our client's claim, dismissing the competing secured creditor's claim. In re Litas International, Inc., 2004 WL 1488114, 2004 U.S. Dist. LEXIS 12151 (S.D.N.Y. 2004).
2004
Title Underwriters - Island Mortgage Network Chapter 11
Representation of several national title underwriters in connection with the Chapter 11 cases of Island Mortgage Network, Inc. and related litigation in various courts.
Title Underwriters - Island Mortgage Network Chapter 11
Representation of several national title underwriters in connection with the Chapter 11 cases of Island Mortgage Network, Inc. and related litigation in various courts.
2001
Real Estate Developer/Investor - Won Dismissal of Suit
Representation of a real estate developer/investor that proposed to invest in a debtor's Chapter 11 plan of reorganization, in a lawsuit arising out of the bankruptcy court's choice of a different plan. Ginsberg v. Schron, 288 A.D.2d 146, 732 N.Y.S.2d 858 (1st Dep't 2001).
Real Estate Developer/Investor - Won Dismissal of Suit
Representation of a real estate developer/investor that proposed to invest in a debtor's Chapter 11 plan of reorganization, in a lawsuit arising out of the bankruptcy court's choice of a different plan. Ginsberg v. Schron, 288 A.D.2d 146, 732 N.Y.S.2d 858 (1st Dep't 2001).
1999
Lender and Loan Servicer - Liability Action Defense
Representation of a lender and loan servicer in winning dismissal of lender liability actions. John Street Leasehold, LLC v. Capital Management Resources, 142 F.Supp.2d 527 (S.D.N.Y. 2001); John Street Leasehold LLC v. FDIC, 196 F.3d 379 (2d Cir. 1999).
Lender and Loan Servicer - Liability Action Defense
Representation of a lender and loan servicer in winning dismissal of lender liability actions. John Street Leasehold, LLC v. Capital Management Resources, 142 F.Supp.2d 527 (S.D.N.Y. 2001); John Street Leasehold LLC v. FDIC, 196 F.3d 379 (2d Cir. 1999).
1998
Real Estate Purchaser - Appeal in Recharacterization Dispute
Representation of a sale-leaseback purchaser of real estate in a dispute over the bankrupt seller's attempt to recharacterize the transaction as a disguised financing. In re Uni-Rty, 1998 WL 299941 (S.D.N.Y. 1998).
Real Estate Purchaser - Appeal in Recharacterization Dispute
Representation of a sale-leaseback purchaser of real estate in a dispute over the bankrupt seller's attempt to recharacterize the transaction as a disguised financing. In re Uni-Rty, 1998 WL 299941 (S.D.N.Y. 1998).
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