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	Business Finance & Restructuring Experience Extended Stay Hotels Sale of Extended Stay Hotels Counsel to Extended Stay Hotels, the largest owner of mid-priced extended stay hotels with over 680 hotels across 44 states and 2 Canadian provinces, in its Chapter 11 sale to a group comprised of Centerbridge Partners, Paulson & Co. and Blackstone Real Estate Associates VI for $3.925 billion. SemGroup Corporation Term Loan Exit Facility Represented oil and natural gas pipeline, terminal and storage operator SemGroup Corporation and its subsidiaries in their $300 million second lien secured term loan exit facility. SemGroup Corporation Revolving Credit Exit Facility Represented oil and natural gas pipeline, terminal and storage operator SemGroup Corporation and its subsidiaries in their $500 million senior secured exit facility. SemLogistics Milford Haven Limited Term Loan Credit Facility Represented SemLogistics Milford Haven Limited, part of SemGroup L.P. and operator of the largest independent fuel storage facility in the UK, in its senior secured term loan credit facility, associated with SemGroup's bankruptcy exit facilities. General Motors Company Term Loan Facility Represented General Motors Company in a $1 billion delayed draw term loan facility for New Delphi 1, LLC and Delphi International Holdings S.a r.l. in connection with the acquisition by Delphi Automotive LLP, a company jointly owned by General Motors Company, Elliott Associates, L.P., Silver Point Capital L.P. and others, of certain of Delphi Corporation's US and non-US automotive supply businesses. Credit Suisse Debtor-in-Possession Term Loan Represented Credit Suisse, as agent, in a DIP loan to ProtoStar Ltd. and ProtoStar II Ltd. related to a $200 million prepetition credit facility. General Motors Corporation Acquisition of Selected Facilities and Business from Bankrupt Entity Represented General Motors Corporation in connection with its agreements with Delphi Corporation and Delphi's lenders for GM's acquisition, pursuant to Delphi's modified Chapter 11 Plan, of certain of Delphi's US facilities and Global Steering Business and for the joint acquisition by GM and Delphi's lenders of the balance of Delphi's US and non-US businesses. The total consideration for these transactions and related funding of Delphi exceeds $4 billion, in addition to forgiveness of $3.4 billion of debt owed to the lenders by Delphi. Vertis, Inc. Exit Financing for Vertis, Inc. Represented Vertis, Inc. in its $650 million senior secured revolving and term loan exit facilities. HM Capital Partners Recapitalization of Choice Cable TV Represented HM Capital in the restructuring of and new majority investment by Spectrum Equity Investor Partners V. L.P., in Choice Cable TV located in Puerto Rico. Ad Hoc Committee of Equity Security Holders of W. R. Grace & Co. Chapter 11 Bankruptcy of W.R. Grace & Co. Representing the Ad Hoc Committee of Equity Security Holders of W.R. Grace & Co. in connection with the Chapter 11 proceedings of W.R. Grace & Co. in the US Bankruptcy Court for the District of Delaware. SunCom Wireless Holdings, Inc. SunCom Wireless, Inc. Subdebt-for-Equity Restructuring Represented SunCom Wireless Holdings, Inc. in the restructuring of $679 million of its subdebt via an exchange of new equity for outstanding subdebt. Armstrong World Industries, Inc. Chapter 11 Reorganization Represented Armstrong in its asbestos-related chapter 11 case, resulting in a confirmed reorganization plan with an injunction permanently shielding Armstrong from all present and future asbestos liability. Parmalat Finanziaria SpA Bankruptcy of Parmalat Finanziaria SpA Represented Parmalat Finanziaria SpA as coordinating counsel in connection with its global restructuring, including in its US ancillary proceeding in the US Bankruptcy Court for the Southern District of NY. Weil Gotshal advised Parmalat generally regarding its global operations, and particularly relating to jurisdictional issues in Cayman and in Ireland regarding the EC Regulation on Insolvency. Weil Gotshal also represented Parmalat USA in its chapter 11 case in coordination with the other global proceeding. more PKN ORLEN S.A. Acquisition of AB Mazeikiu Nafta Represented PKN ORLEN S.A. in its $2.3 billion acquisition of AB Mazeikiu Nafta from Yukos International UK B.V. Compass Partners LLC Acquisition of First Deed Trust Fund Represented Compass Partners LLC in the $67 million acquisition of First Deed Trust Fund from USA Commercial Mortgage Company. Credit Suisse First Boston Chapter 11 Bankruptcy of Owen Corning Representation of Credit Suisse First Boston, as agent, for the $2 billion Credit Agreement in the Owens Corning Chapter 11 Bankruptcy in the Delaware Bankruptcy Court. more Space Systems/Loral, Inc. Loral Space Systems, Inc. v. International Launch Services, Inc. Lockheed Martin Commercial Launch Services Obtained a favorable settlement of US$18 million on counterclaim for the client in an adversarial proceeding in Bankruptcy Court to seek recovery of deposits. Enron Power Marketing Inc. Enron Power Marketing, Inc. v. Luzenac America, Inc. (S.D.N.Y.) Obtained a significant victory in favor of the Enron bankruptcy estate involving a constitutional challenge to Congressional legislation aimed at stripping the Bankruptcy Court of jurisdiction over disputes concerning Enron's power contracts with various trading counterparties. Galvex Holdings Ltd. Sale of Certain Assets and Equity Interests of Galvex Holdings Ltd. Represented Galvex Holdings Ltd. in the sale of certain assets and equity interests to SPCP Group LLC. Sunbeam Corporation In re Sunbeam Corp. Successfully defended Sunbeam Corporation against an appeal in which a stockholder challenged Sunbeam’s reorganization plan. more Senior Subordinated Noteholders Acquisition of Integrated Electrical Services, Inc. Represented senior subordinated noteholders in the acquisition of Integrated Electrical Services, Inc. NABI Autobuszipari Rt. Sale of NABI, Inc. and the Business Assets of NABI, Rt. Represented NABI Bus Industries Rt. and its US subsidiary, North American Bus Industries Inc., in its approximately $115 million debt and equity restructuring. Conway, Del Genio, Gries & Co., LLC in New York and Numerica LLP in London were the financial advisors to NABI. The business, assets and bank debt of NABI were sold to private equity firm, Cerberus Capital Management, for an undisclosed sum in one of the major private equity transactions in Hungary in 2006. Galvex Holdings Limited Sale of Assets of Galvex Holdings Ltd. Represented Galvex Holdings Ltd. in its sale of substantially all of its assets and represented Galvex Trade, Galvex Estonia OÜ, and Galvex Holdings' other affiliates in obtaining the dismissal of their chapter 11 cases. The Galvex entities own and manage the largest independent steel galvanizing facility in Europe, located in Tallinn, Estonia’s industrial port. more Silicon Graphics, Inc. Chapter 11 Bankruptcy of Silicon Graphics, Inc. Represented Silicon Graphics, Inc. and certain of its direct and indirect subsidiaries as debtors in their chapter 11 reorganization. more Loral Space & Communications Reorganization under Chapter 11 Represented Loral Space & Communications in cross-border restructuring effective under chapter 11. Company successfully operationally restructured and comprehensively recapitalized. more General Motors Corporation Delphi Corp. Chapter 11 Case Represented General Motors, the largest customer of Delphi Corporation and a creditor in an amount in excess of $9 billion, in its efforts to create a successful reorganization of Delphi and to defend GM against Delphi’s efforts to reject contracts to supply certain parts to GM. WestPoint Stevens, Inc. Sale of Substantially All Assets of WestPoint Stevens, Inc. Represented WestPoint Stevens, Inc. in the $703 million sale of substantially all of its assets to American Real Estate Partners, L.P. more Trump Atlantic City Associates Senior Secured Notes Offering by Trump Entertainment Resorts, Inc. Represented Trump Atlantic City Associates (the bondholders committee) in the $1.25 billion Senior Secured Notes Offering by Trump Entertainment Resorts, Inc. Xanodyne Pharmaceuticals, Inc. Acquisition of aaiPharma Inc. Represented Xanodyne Pharmaceuticals, Inc. in the acquisition of aaiPharma Inc. more Consortium of banks and financial institutions Construction of a power plant in Milford On behalf of a consortium of banks acting as lenders for a CT power plant construction project, successfully sought foreclosure of a 5% membership interest that remained after the borrower's default. Genesis Health Ventures Inc. (now reorganized as NeighborCare Inc.) Genesis Health Ventures, Inc. Weil Gotshal led the joint defense group in a $200 million lawsuit against the reorganized debtor and several financial institutions, alleging defendants engaged in fraud, conspiracy and gross negligence in connection with valuations performed with respect to the Plan of Reorganization. The bankruptcy court dismissed the plaintiffs' complaint in its entirety, with prejudice, as time-barred, and on the grounds of res judicata and collateral estoppel. more Lehman Brothers Acquisition of Adelphia Communications Corporation Represented Lehman Brothers, as financial advisor to Time Warner Inc., in connection with Time Warner Inc. and Comcast Corporation's $17.6 billion acquisition of Adelphia Communications Corporation. Genesis Health Ventures, Inc. Chapter 11 of Genesis Health Ventures, Inc. Represented Genesis Health Ventures, Inc., one of the largest institutional pharmacy and long-term care companies, in emerging from chapter 11. more GE Commercial Finance Sale of Neff Corp. Represented GE Commercial Finance, minority shareholder, in the $510 million sale of Neff Corp. to Odyssey Investment Partners, LLC. Applera Corporation Applera Corporation and Roche Molecular Systems, Inc. v. MJ Research Inc., et al. To help protect Nobel Prize-winning polymerase chain reaction technologies, Weil was brought in as trial counsel shortly before trial. We secured a $35 million jury trial verdict, including enhancements, on behalf of Applera. more Grohe AG (Owned by TPG Capital and CSFB Private Equity) Merger of Grohe Water Technology into Grohe Advised Grohe Group on the €2.1 billion merger of Grohe Water Technology AG & Co. KG into Grohe AG. more Macquarie Bank Limited and Affiliates Bid to Acquire 6,500 Sprint Corporation Cellular Towers Represented Macquarie Bank Limited and affiliates in the $1 billion bid to acquire 6,500 Sprint Corporation cellular towers. MCI, Inc. Sale of MCI, Inc. (formerly WorldCom, Inc.) Represented MCI, Inc. (formerly WorldCom, Inc.) in its $10.632 billion sale to Verizon Communications, Inc. Atkins Nutritionals Inc. Restructuring of Atkins Nutritionals Inc. Successfully represented Atkins Nutritionals Inc. which enabled the company to emerge from chapter 11 bankruptcy protection only five months after the commencement of its case. The case involved not only the chapter 11 filings for Atkins and its domestic subsidiaries, but also corresponding proceedings in Canada and in the UK. more Footstar, Inc. Chapter 11 Bankruptcy and Restructuring of Footstar, Inc. Represented Footstar, Inc., as debtor, in its chapter 11 reorganization. more Gate Gourmet Gate Gourmet Restructuring Represented Gate Gourmet in its cross-border out-of-court restructuring, resulting in the successful restructuring of the company’s debt and resolution of labor issues. more Nabi Autóbuszipari Rt. Debt and equity restructuring and disposal of non-core assets Represented NABI Bus Industries Rt. ("NABI") and its US subsidiary, North American Bus Industries Inc., in an approximately $115 million debt and equity restructuring and disposal of non-core assets. more New World Pasta Chapter 11 Reorganization Represented New World Pasta Corporation in its chapter 11 case that enabled the company to be restructured with a private equity shareholder retaining controlling interest. more St. Vincent's Catholic Medical Centers Chapter 11 Bankruptcy of St. Vincent's Catholic Medical Centers of New York Represented St. Vincent's Catholic Medical Centers of New York, as debtor, in the New York Southern Bankruptcy Court. more MasterCard International Incorporated Supra Telecommunications and Information Systems, Inc. v. MasterCard Incorporated Represented MasterCard in a chargeback case filed against MasterCard against creditor. Prudential Financial Inc. Heilig-Meyers Co. v. Wachovia Bank et. al. Successfully achieved defense verdict on behalf of Prudential in $70 million claim after two week bench trial. Prudential Financial Inc.\|Pruco Life Insurance Company In re Helig-Meyers Bankruptcy We represented Prudential as the defendant in a preference claim in connection with the Helig-Meyers bankruptcy. Our client had approximately $70 million at stake. After a three week bench trial, the bankruptcy judge delivered a complete verdict in our favor. more IWO Escrow Company Senior Secured Floating Rate Notes and Senior Discount Notes Offering by IWO Escrow Company Represented IWO Escrow Company in the $290 million offering of senior secured floating rate notes and senior discount notes in connection with the reorganization of IWO Holdings, Inc. IWO Holdings, Inc. Sale of IWO Holdings, Inc. Represented IWO Holdings, Inc. in its sale to the company's senior noteholders. Ames Department Stores Inc. LFD Operating, Inc. v. Ames Department Stores, Inc., et al. Action by LFD Operating, Inc. for a determination that certain funds owed to LFD by Ames, a chapter 11 debtor, were actually LFD's property and not property of the estate. Choice One Communications Inc. Sale of Choice One Communications Inc. Represented Choice One Communications Inc. in its $654 million sale to senior and subordinated creditors. The DIRECTV Group, Inc. Acquisition of the Direct Broadcast Satellite Business of Pegasus Satellite Television, Inc. Represented DIRECTV Group Inc. in its $938 million acquisition of the direct broadcast satellite business of Pegasus Satellite Television, Inc. Lehman Brothers Lehman Brothers / Tremont Tower Project Successfully defended Lehman Brothers in a RICO/lender liability dispute concerning assets Lehman acquired in connection with bankruptcy proceedings. Plaintiff's motion for preliminary injunction and lis pendens were denied in Massachusetts State Court; later, the Bankruptcy Court dismissed the complaint with prejudice on the grounds that the claims were barred by the statute of limitations. International Launch Services (ILS) Space Systems/Loral v. International Launch Services, et al. Successfully argued a motion to transfer on behalf of International Launch Services, defendant in a $37.5 million bankruptcy suit. MCI Inc. (f/n/a WorldCom Inc.) In re WorldCom, Inc. Successfully argued against disqualification of auditor, KPMG, on behalf of WorldCom, Inc. in its Chapter 11 bankruptcy case. more Enron Corporation Sale of CrossCountry Energy, LLC by Enron Corporation Represented Enron Corporation in its $2.45 billion sale of CrossCountry Energy, LLC to Southern Union Co. and GE Commercial Finance. WorldCom Inc. In re WorldCom, Inc. (Embratel Sale Hearing) Weil Gotshal successfully represented WorldCom Inc. (formerly MCI), in restructuring 200 companies outside of the US without insolvency proceedings, along side the WorldCom chapter 11 reorganization. In one instance, regarding the sale of Embratel, the Brazilian long distance concessionaire, to Telmex, the Mexican telephone company, Weil Gotshal successfully obtained court approval for the sale following a contested hearing. more Footstar, Inc. Sale of Footaction USA Represented Footstar, Inc. in the sale of Footaction USA to Foot Locker, Inc. more MCI, Inc. Sale of Embratel Participações S.A by MCI, Inc. (WorldCom, Inc.) Represented MCI, Inc. (WorldCom, Inc.) in the $400 million sale of its investment in Embratel Participações S.A to Telefonos de Mexico (TELMEX). more Debtor's Estate of Enron Corporation Acquisition of Whitewing Associates, LP and Whitewing Management LLC Represented Enron Corporation in the $1.0 billion acquisition of Whitewing Associates, LP and Whitewing Management LLC from Osprey Trust. Enron Corporation Sale of Mariner Energy, Inc. by Enron Corporation Represented Enron Corporation in the $271 million sale of Mariner Energy, Inc. to MEI Acquisitions LLC. The Devlin Group Acquisition of Forethought Financial Services Inc. Represented The Devlin Group in its $280 million acquisition of Forethought Financial Services Inc. from Hillenbrand Industries. Enron Corp. Chapter 11 of Enron Represented Enron in its chapter 11 reorganization, which saved 24,000 jobs, all operating businesses, and $12 billion of going-concern value. more Trump Hotel & Casino Bondholder Committe Trump Hotel & Casino Bondholder Committe Represented the largest group of bondholders of Trump Atlantic City Associates First Mortgage Notes in connection with the recapitalization of the Trump Hotels & Casino Resorts, Inc. pursuant to a plan of reorganization. more Republic Engineered Products Holdings LLC In re Republic Engineered Products Holdings LLC, et al. Represented Republic Engineered Products Holdings LLC, the debtors on a motion to sell Republic Steel clear of liens pursuant to Section 363(b) and 363(f) of the Bankruptcy Code. Various secured creditors opposed the Section 363 sale. Ultimately, the creditors settled with the debtors, and the Section 363 sale went forward. Westpoint Stevens Chapter 11 Bankruptcy of WestPoint Stevens Represented WestPoint Stevens, as Debtor, in chapter 11 bankruptcy and sale, in the New York Southern Bankruptcy Court. more Securities Investor Protection Corporation In re Stratton Oakmont, Inc. Successfully represented Securities Investor Protection Corporation in litigation concerning remedies under the Securities Investor Protection Act for a brokerage firm's unauthorized transactions. Telewest Communications plc Eximius Capital Funding, Ltd. v. Telewest Communications plc Successfully obtained dismissal of an action seeking acceleration of principal and interest payments due under public bond indentures on behalf of Telewest Communications plc. NextWave Telecom, Inc. Sale of 34 Spectrum Licenses by Nextwave Telecom Inc. Represented Nextwave Telecom Inc. in its $1.4 billion sale of 34 spectrum licenses to Cingular Wireless LLC. Arthur Andersen & Company Breeden v. Arthur Andersen Represented Arthur Andersen, as co-lead counsel, in defense of $150 million accountant malpractice claims by Trustee in Bankruptcy of The Bennett Funding Group. Dismissal on motion for summary judgment was affirmed by the Second Circuit on appeal. Armstrong World Industries Inc. Armstrong World Industries Inc. v. Center for Claims Resolution Obtained summary judgment in action to prevent draw on $56 million bond for Armstrong World Industries Inc. more WorldCom (MCI, Inc.) Sale of WorldCom's Wireless Broadband Business Represented WorldCom in the sale of its wireless broadband business to Nextel Spectrum Acquisition Corp. more Trans World Airlines Inc. In re Transworld Airlines, Inc Won appeal affirming dismissal of successor liability claims asserted by the EEOC in a putative class action, seeking to hold American liable for employment discrimination claims originally asserted against TWA, arising out of American’s acquisition of TWA. more Bethlehem Steel Corp. Sale of Bethlehem Steel Corp. Represented Bethlehem Steel Corp. in its $1.5 billion sale to International Steel Group Inc. more Adelphia Communications Corporation Bankruptcy and Restructuring of Adelphia Business Solutions Represented Adelphia Business Solutions, as Debtor, in its bankruptcy and restructuring in the US Bankruptcy Court for the Southern District of New York. American Airlines Inc. Levy v. American Airlines, Inc./Frazier v. American Airlines, Inc. Represented American Airlines as co-lead counsel class actions brought by ex-employees of TWA. MCI Reorganization of WorldCom/MCI Represented WorldCom, as debtor, in its chapter 11 reorganization, resulting in the reorganized MCI. more Reuters Limited FutureSource, LLC v. Reuters Limited Represented Defendant, Reuters Limited against FutureSource, LLC reversing an extraordinary preliminary injunction arising from tortuous interference claims asserted by FutureSource LLC. The injunction would have required Reuters to provide valuable licensed software. more Republic Technologies International LLC Sale of Republic Technologies International LLC Represented Republic Technologies International LLC in its $463 million sale to RT Acquisition LLC, an entity formed by KPS Special Situations Fund L.P. and Hunt Investment Group L.P. more SafetyKleen SafetyKleen/Laidlaw In a win that utilized the combined talents of our litigators and our preeminent bankruptcy practice, we represented the secured lenders of SafetyKleen in claims against Laidlaw, Inc., the controlling shareholder of SafetyKleen, arising out of a massive accounting fraud. The firm obtained a combined $225 million settlement from Laidlaw on the secured lenders' claim together with SafetyKleen's own fraud claims. more Aames Financial Corp. Aames Fin'l Corp. v. Wilmington Trust Successfully defended Aames Financial Corporation in an action to prevent consummation of an Exchange Offer of subordinated debt. Successfully opposed the injunction motion at trial court and appellate level. Ames Department Stores Inc. LFD Operating, Inc. v. Ames Department Stores, Inc., et al. Weil Gotshal represented the debtor, Ames Department Stores, (“Ames”) in an adversary proceeding commenced by LFD Operating, Inc. (“LFD”). LFD sought recovery of approximately $9 million. After a trial, the Bankruptcy Court held that Ames and LFD had a contractual debtor/creditor relationship, rather than a trust or agency relationship, and dismissed LFD’s complaint. Aames Financial Corporation Out-of-Court Restructuring of Debt Represented Aames Financial Corporation, an affiliate of the Capital Z private equity firm, in an out-of-court restructuring of its subordinated debt and subsequent successful defense of litigation brought by its senior debt holders. American Airlines Inc. American Airlines, Inc. v. MBNA Co-lead counsel for American Airlines in $40 million litigation involving MBNA. American claimed that MBNA owed TWA approximately $17 million, a receivable which American purchased in the TWA bankruptcy. MBNA then countersued for tortious interference for $24 million. The case settled on terms favorable to American Airlines. Global Crossing Ltd. Post Bankruptcy Administration for Global Crossing, Ltd. Represented Global Crossing, Ltd. in the run up to and emergence from chapter 11, including advice in relation to its European and Bermudan subsidiaries in the New York Southern Bankruptcy Court. more Verado Holdings, Inc. Out-of-Court Restructuring of Debt Represented Verado Holdings, Inc., a communications company, in its prepackaged chapter 11 restructuring. Enron Corporation Sale of Northern Natural Gas Represented Enron Corporation in its $1.5 billion sale of Northern Natural Gas to Dynegy Inc. Enron Corporation Withdrawn Merger Between Enron Corporation and Dynegy Inc. Represented Enron Corporation in its $23 billion withdrawn merger with Dynegy Inc. GE Capital Aviation Services Inc. In re Viscount Airlines Lead counsel for GE Capital Aviation Services, Inc., the fleet lessor to Viscount Airlines. In addition to obtaining a recovery for GECAS, defended against the imposition of millions of dollars in mechanics liens against the fleet. Successfully defended against the application of Arizona’s liberal mechanics’ and materialmen’s lien statute to aircraft repair facilities -- an issue of first impression in the state’s appellate courts. Goldman Sachs And Wells Fargo Foothills Chapter 11 of Coram Healthcare Corporation Represented Goldman Sachs and Wells Fargo Foothill, Inc., as creditors, in the chapter 11 restructuring of Coram Healthcare Corporation. Daiwa Securities of America In re Greater Southeast Community Hospital Bankruptcy Lead trial counsel for Daiwa Securities of America, a secured creditor of a District of Columbia hospital, in litigation against bondholders claiming to be senior secured creditors. Obtained recovery of one hundred cents on the dollar for the client following victory at trial. Bowery Savings Bank In re Chargit, Inc. Lead counsel in successful briefing and argument of motion to dismiss multi-million dollar claims against Bowery Savings Bank by creditors of debtor company that had allegedly acted as the bank’s agent. Circle K Corp. In re Circle K Corp. Lead counsel for Circle K Corporation, a debtor in bankruptcy, in a dispute with the United States and 29 state governments concerning claims for environmental clean up costs at underground storage tank sites around the country. Circle K prevailed before the Bankruptcy Court and District Court with respect to its right to reject leases for sites at which underground storage tanks were located. Weil Gotshal then negotiated a favorable settlement for Circle K with the governmental parties. Citicorp In re Criimi Mae, Inc. Represented Citicorp Securities, Inc. (CSI) in an action filed against it by Criimi Mae Inc., a REIT under the protection of chapter 11 of the Bankruptcy Code, in which Criimi Mae sought to prevent CSI from liquidating certain commercial mortgage-backed securities purchased from Criimi Mae pursuant to certain repurchase agreements. Credit Suisse First Boston In re Washington Group, Inc. Lead trial counsel for Credit Suisse First Boston, along with a group of secured lenders, in a large Chapter 11 case involving a worldwide project construction company. Obtained a trial victory on a contested confirmation of a plan of reorganization in Bankruptcy Court in Reno, Nevada. The trial focused primarily on novel and complex valuation issues. Ultimately, the victory was affirmed by the Ninth Circuit. more Daiwa Securities of America In re Greater Southeast Hospital Represented Daiwa Securities in an adversary proceeding in a hospital’s bankruptcy case. The hospital sought to set aside Daiwa’s security interest by asserting the superior rights of another security interest. After setbacks to Daiwa’s theory in the initial proceeding, Weil Gotshal developed the theory which ultimately prevailed, resulting in a ruling that Daiwa’s security interest was valid and superior. Daiwa ultimately recovered over $10 million. Drexel Burnham Lambert Inc. In re Drexel Burnham Lambert, Inc. Lead trial counsel for debtors Drexel Burnham Lambert, Inc. in numerous cases heard in S.D.N.Y. Bankruptcy and District Courts and lead appellate counsel in several Second Circuit appeals. Litigations successfully resolved over $100 billion of claims, including a $5.3 billion Internal Revenue Service tax claim, and confirmed a contested (until ultimately settled) plan of reorganization. Encompass Services Corporation In re Encompass Svcs. Corp. Represented Encompass in litigation related to the company's chapter 11 reorganization plan. Defended against allegations of director and officer liability. Encompass, a Houston-based construction services company with 2001 revenues of more than $4 billion, had its bankruptcy plan confirmed in just over 6 months. General Electric Capital Corporation Hager v. GE Capital Mtge. Serv., Inc. Obtained favorable settlement as lead counsel for General Electric Capital Corporation in nationwide consumer class action. Leucadia National Corporation Bay Harbour Assocs., L.P. v. Leucadia National Corp. Represented respondent Leucadia National Corp. in an adversary proceeding in the U.S. Bankruptcy Court based on allegations by Bay Harbour Assocs., L.P. of breach of contract and breach of fiduciary duty. The Bankruptcy Court dismissed the complaint and granted, in full, Leucadia's breach of contract counterclaim. The District Court and Second Circuit affirmed that judgment. Bay Harbor sought a writ of certiorari, which Leucadia opposed. The petition remains pending. Olympia & York Realty Corp. In re Olympia & York Realty Corp. Represented the senior management and directors of Olympia & York in a Bankruptcy Court proceeding brought by the Canadian liquidator of O&Y. The liquidator sought to enjoin certain proposed management contracts for senior executives, in a case raising novel issues as to the limits of the Bankruptcy Code's reach and the interplay of the Code with common law business judgment principles. After an expedited trial, judgment was entered in favor of management and the directors. Olympia & York Realty Corp. Bankruptcy Claims Represented Olympia & York in more than the 1200 claims arising from its massive bankruptcy in the mid 1990’s. After almost two years, all the claims were resolved favorably for the debtor, either by way of hearing and trial or settlement. Reef Exploration Inc. Reef Exploration, Inc. Obtained an injunction preserving Reef Exploration, Inc.’s control over its substantial investment in an oil and gas field in south Texas after another working interest owner obtained an ex parte state court injunction preventing Reef from serving as operator for the field. more Sunbeam Corporation Chapter 11 Bankruptcy of Sunbeam Corporation Successfully represented Sunbeam in its Chapter 11 filing, in connection with automatic stay motions and motion to dismiss complaints alleging fraudulent conveyance and aiding and abetting fraud claims. Unsecured Creditors Committee of Iridium Unsecured Creditors Comm. of Iridium v. Motorola Represented the Unsecured Creditors Comm. of Iridium in Chapter 11 proceedings and a massive multi-billion lawsuit against Motorola alleging breach of contract, fraudulent conveyance, preference and breach of fiduciary duty claims in connection with development of a global satellite personal communication system. more Viasystems Inc. Viasystems/Constr. Trust Successfully resisted a $25 million constructive trust claim filed by the French receiver of a subsidiary of Viasystems, Inc. in Viasystem's Chapter 11 proceeding following expedited briefing and an evidentiary hearing. more Washington Mutual Gulf Properties et al. v. Washington Mutual Lead counsel defending Washington Mutual in federal court litigation involving allegations of fraud and fraudulent transfers and preference payments made in violation of the Bankruptcy Code. Case settled for a favorable confidential amount after aggressive defense.

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Business Finance & Restructuring Experience