Friedman Kaplan Seiler Adelman & Robbins LLP
Global
Lawyers
Rahul Agarwal
Rahul Agarwal is an accomplished trial lawyer and a seasoned litigator. He has a multi-faceted practice focused on representing corporate and individual clients in a variety of white collar defense and investigations matters as well as in connection with complex commercial litigation and crisis management.
Rahul practiced at Friedman Kaplan earlier in his career before leaving the firm to become a federal prosecutor in the U.S. Attorney’s Office for the District of New Jersey where he served for nearly a decade, including as Deputy Chief of the Criminal Division, Executive Assistant U.S. Attorney, and as Acting Principal Assistant United States Attorney (where he was second in command in the Office). During his tenure, Rahul handled and supervised a broad range of investigations and prosecutions, including those involving public corruption, civil rights, healthcare fraud, mortgage and bank fraud, tax evasion, money laundering, identity theft, national security, and cybercrime, as well as firearms, violent crime, and narcotics matters. Notably, Rahul led the successful prosecutions of a $30 million mortgage fraud scheme and a $7 million ATM-skimming bank fraud conspiracy. He also prosecuted a former Hoboken mayoral candidate for vote-buying and a former Manalapan mayor for fraud and identify theft. Rahul received the DOJ’s Director’s Award for Superior Performance for his investigation and prosecution of several Paterson police officers for civil rights violations.
Immediately prior to rejoining Friedman Kaplan, Rahul served as Deputy Chief Counsel in the office of New York City Mayor Eric Adams, where he advised the Mayor and City Hall on a wide range of legal, ethical, and strategic matters involving criminal justice, health, education, economic development, human rights, and housing. He worked closely with the federal and New York State governments on behalf of the City and provided operational, budgetary, and policy oversight to ten City agencies, including the Office of Labor Relations, the Office of Administrative Trials and Hearings, and the New York City Commission on Human Rights.
Mala Ahuja Harker
Mala Ahuja Harker represents individuals and corporations in the technology, healthcare, life sciences, financial services, and other industries in connection with white collar, securities, employment, and complex commercial litigation matters. She has particular strength in matters with both regulatory enforcement and civil litigation elements and significant experience with cross-border matters. In addition to her active white collar and litigation practice, Mala is also a member of the firm's Management Committee.
Prior to rejoining Friedman Kaplan, where she was formerly a partner, Mala served as an Assistant U.S. Attorney for the District of New Jersey from 2011 through 2017.In this role, Mala investigated and prosecuted cases involving sophisticated financial frauds, insider trading, securities violations, mortgage and bank fraud, tax evasion, money laundering, public corruption, identity theft and cybercrime, as well as violent crime and drug offenses, among others. Earlier in her career, Mala practiced at Paul, Weiss, Rifkind, Wharton and Garrison LLP.
Mala’s recent notable work includes representing Cognizant, one of the world’s leading professional services companies, in a criminal prosecution by the U.S. Department of Justice and U.S. Attorney’s Office for the District of New Jersey of two former Cognizant executives for violations of the Federal Corrupt Practices Act.
She also represented a subsidiary of a Japanese multinational conglomerate in connection with an unauthorized transfer of over $150 million from an account of an overseas subsidiary, including an internal cyber investigation into the theft of the funds (which had been converted to bitcoin), coordination of criminal investigations in the United States and Japan, and the successful recovery through civil forfeiture proceedings of several million dollars more than the company’s original loss due to the well-timed interlocutory sale of the seized bitcoin.
Bonnie Baker
Bonnie Baker is an experienced litigator and white collar criminal defense attorney who represents individuals and companies in actions arising under the securities laws, in complex financial and tort litigations, and in regulatory and criminal investigations involving allegations of money laundering, insider trading, mail and wire fraud, Foreign Corrupt Practices Act violations, sexual abuse and misconduct, defamation, and other white collar matters. She also counsels clients on pre-litigation, litigation avoidance, and compliance matters.
Bonnie was a member of the Friedman Kaplan defense team that represented the former Chief Financial Officer of Archegos Capital Management in a prosecution by the U.S. Attorney’s Office for the Southern District of New York, including through a 2024 nine-week criminal trial involving charges of RICO conspiracy, securities fraud, and mail and wire fraud relating to the 2021 collapse of the family office.
Her recent notable work also includes the representation of a UK national for whom Friedman Kaplan secured a complete acquittal after a lengthy trial spanning almost three years in an international white collar case involving charges of fraud, bribery, money laundering, and tax evasion.
Anne Beaumont
Anne Beaumont's practice focuses on representing investment and asset management firms, their managers and investors, and other financial services firms in litigation and disputes as well as regulatory and criminal investigations and enforcement matters. She has extensive experience in matters involving complex financial products and transactions, including liability management exercises, derivatives, and structured products. Anne has significant trial experience, including most recently in the Delaware Court of Chancery, the United States District Court for the Southern District of New York, and the United States Bankruptcy Court for the Southern District of Texas. She also counsels and trains financial services industry clients on legal compliance, due diligence, and other issues, and advises both individuals and institutions on employment and separation issues. In addition to her active litigation practice, Anne serves on the firm's Management Committee.
Representative Matters
\tRepresentation of the collateral agent for a syndicated first-lien term loan facility, including serving as lead trial counsel, in litigation in the Delaware Court of Chancery challenging a liability management transaction executed by Del Monte Foods, Inc. and a group of its lenders.
\tRepresentation, including serving as lead trial counsel, of a CDO collateral manager and recovery service provider in litigation brought by a CDO trustee.
\tRepresentation of a group of lenders holding over $600 million of first-lien debt in Serta Simmons Bedding in closely watched lawsuits in New York state and federal courts and the U.S. Bankruptcy Court for the Southern District of Texas challenging the validity and legality of the company’s uptier transaction with another group of lenders.
\tIn an employment discrimination action against a global asset management firm, obtained dismissal on summary judgment of all claims by the District Court and affirmance by the Second Circuit Court of Appeals.
\tAdvising derivatives counterparties regarding rights, remedies, and potential litigation claims arising out of events in the Texas electricity market in connection with Winter Storm Uri in February 2021.
\tRepresentation of an online mortgage lender in litigation asserting claims for tortious interference with contract, misappropriation of confidential information, and violation of the Defend Trade Secrets Act in connection with a competitor’s solicitation and hiring of the client’s former employee.
\tRepresentation of Wells Fargo Bank, N.A. in defense of a class action lawsuit alleging a conspiracy to set the ISDAfix benchmark rate.
\tRepresentation of GSO Capital Partners in litigation challenging its refinancing of debt issued by New Jersey-based home builder Hovnanian Enterprises, Inc.
Elizabeth Bierut
Elizabeth Bierut has a broad litigation practice in which she represents clients as plaintiffs and defendants in a variety of complex business disputes, including in connection with breach of contract, securities fraud, breach of fiduciary duty, trade secret, and business torts. She frequently represents creditors in bankruptcy-related contexts, including in litigation arising from liability management exercises. Liz also represents clients in investigations and other white collar matters.
Liz has extensive experience with all stages of litigation, including motion practice, discovery, trial, and appeals, and regularly counsels clients pre-litigation concerning the strengths and weaknesses of claims and defenses, and the best tactical path forward. In addition to advising on disputes-related matters, she proactively collaborates with clients to solve business problems, improve corporate policies and procedures, and reduce litigation risk.
Representative Matters
\tRepresentation of a group of lenders holding over $600 million of first-lien debt in Serta Simmons Bedding in closely watched lawsuits in New York state and federal courts and the U.S. Bankruptcy Court for the Southern District of Texas challenging the validity and legality of the company’s uptier transaction with another group of lenders.
\tRepresentation of a client, including as trial counsel, in a business dispute involving allegations of breach of contract, breach of fiduciary duty, breach of a non-compete agreement, and trade secret violations that culminated in a seven-day arbitration hearing.
\tDefense of the former Chief Financial Officer of a liquidated sports equipment manufacturer in a putative Rule 10(b)(5) securities fraud class action arising out of the company’s alleged failure to disclose that it engaged in sales practices that impaired future earnings and forced it into bankruptcy.
\tRepresentation of a legal funding provider and members of its board of managers in a variety of disputes stemming from its acquisition of a company, including defense of breach of contract, breach of fiduciary duty, fraudulent transfer, and “alter ego” liability claims brought by preferred equity holders of the acquired subsidiary.
\tRepresentation of a major pharmaceutical manufacturer in a multimillion-dollar breach of contract action by a supplier.
\tRepresentation of a pharmaceutical company in multiple investigations into pricing of its drugs, including investigations conducted by the U.S. Attorney’s Office for the District of New Jersey and the New York Department of Financial Services.
\tRepresentation of a fintech company that provides banking and financing services to small and medium sized businesses, including in defense of various bankruptcy claims brought against it as a creditor.
\tRepresentation of a technology company in defending preference and fraudulent transfer claims brought in the U.S Bankruptcy Court for the District of New Jersey.
\tDefense of an international law firm and its partner in defense of a multimillion dollar claim for legal malpractice.
Eric Corngold
Eric Corngold, co-head of Friedman Kaplan’s white collar practice, is well known for his work guiding and defending companies through regulatory and criminal investigations and enforcement matters. Prior to joining Friedman Kaplan in 2010, Eric built a tremendous reputation as a public prosecutor in New York. Today, he puts the insight into the enforcement perspective that he gained through twenty years of public service to work representing businesses, their executives, and their employees during federal and state criminal investigations, as well as in regulatory matters involving the Securities and Exchange Commission, New York Attorney General’s Office, and other federal and state government agencies. He also conducts internal investigations for corporations and other institutions on behalf of officers, boards of directors, and audit committees.
Eric’s recent notable work includes representing the New Jersey Economic Development Authority in connection with the major multi-year investigation conducted by a task force appointed by Governor Phil Murphy pertaining to the EDA’s internal administration of certain state tax incentive programs, including whether $11 billion worth of tax credits awarded to corporations doing business in New Jersey resulted in true value to the state and its residents.
He also represented the owner and operator of a number of online platforms in a sprawling, multi-year investigation conducted by the U.S. Attorney’s Office for the Eastern District of New York involving one of the most visited websites in the world. Eric and Friedman Kaplan achieved an extremely favorable resolution resulting in no criminal charges being brought against the client and helped it implement state-of-the-art compliance programs, internal controls, and other important trust and safety measures.
Edward Friedman
Edward Friedman’s practice focuses on securities, complex contractual, bankruptcy, fiduciary duty, insurance, accountants' liability, and employment litigation and arbitration. He also represents AmLaw 100 law firms in defense of claims of malpractice, as well as corporate boards and special committees in connection with internal investigations and derivative lawsuits.
Ed, a founder of Friedman Kaplan, has built an exceptional reputation for his work on behalf of public and private companies and investment firms in complex commercial litigations and arbitrations, including in matters of first impression. He has substantial, ongoing experience as lead counsel in significant jury and non-jury trials and arbitrations, and has achieved numerous victories for his clients in trials and on appeals in federal and state courts.
In one notable recent matter, Ed and the firm represented Pennsylvania-based Armstrong Flooring, Inc. in its 2022 Chapter 11 bankruptcy in connection with a contested DIP motion and in litigation against the debtor’s parent company and licensing subsidiary to compel the assignment of trademark rights necessary to allow the debtor’s asset sales to be consummated. After the Bankruptcy Court granted the debtors’ emergency motion for a temporary restraining order and preliminary injunction requiring the assignment, the parties reached a settlement, paving the way for the completion of the sales.
Also, over the course of nearly a decade, Ed and the firm represented two hedge funds pursuing claims against the Republic of Argentina to recover on defaulted bonds. The firm's clients finalized a settlement with the Republic in which they recovered approximately $1.3 billion. The litigation involved novel issues of contract, creditor and judgment enforcement law, and their intersection with the Foreign Sovereign Immunities Act.
Robert Lack
Bob Lack has played a leading role in many of the most high-profile cases handled by Friedman Kaplan for more than three decades, and over that time has built an exceptional reputation for his insight, tenacity, and creativity. He represents investors, funds, collateral managers, servicers, counterparties, individuals, and litigation trusts and indenture trustees in complex and multidistrict commercial litigation, securities litigation, accountants’ liability cases, and bankruptcy litigation, including in jury and non-jury trials and arbitrations.
Bob particularly excels when addressing issues of special complexity or difficulty, including in matters of first impression. From his work representing investment funds and financial services companies in disputes involving complex financial products such as collateralized mortgage obligations and commercial mortgage-backed securities, to his work in cases seeking to claw back billions of dollars from thousands of shareholders, Bob is a formidable force when confronting the most complicated challenges.
Representative Matters
\tRepresentation of the Tribune Company Litigation Trust and indenture trustees for Tribune’s pre-LBO bondholders in prosecuting claims for intentional and constructive fraudulent transfer, breach of fiduciary duty, aiding and abetting, and professional malpractice, among others, against Tribune's former shareholders and financial advisors arising out of Tribune’s 2007 leveraged buyout. The case was exceptionally complex, seeking to claw back billions of dollars distributed to approximately 5,000 shareholders, including mutual funds, trusts, pension plans, and individuals, in a multidistrict litigation that consolidated more than 40 separate actions brought in multiple federal and state courts throughout the country.
\tRepresentation of the NWHI Litigation Trust that was established in the Nine West bankruptcy to pursue claims relating to the 2014 transaction in which Nine West’s predecessor was purchased, certain of its businesses were sold off, and its shareholders received more than $1 billion for their shares.
\tRepresentation of the former general counsel of a hedge fund management company and affiliated funds in a proceeding in New York state court in which fund counterparties seek to hold the client liable for a more than billion-dollar judgment entered against the funds arising out of the 2008 financial crisis.
\tRepresentation of a client, including as lead trial counsel, in a business dispute involving allegations of breach of contract, breach of fiduciary duty, breach of a non-compete agreement, and trade secret violations that culminated in a seven-day arbitration hearing.
\tRepresentation of a global investment manager for public pension funds in litigation in which the trustee of the bankrupt Madoff investment firm dismissed all claims against our client and the U.S. Court of Appeals for the Second Circuit affirmed lower courts' dismissal of claims brought by liquidators of a Madoff feeder fund.
\tRepresentation of Wilmington Savings Fund Society, FSB as successor indenture trustee for $250 million of unsecured notes of Nine West Holdings, Inc. in connection with Nine West’s bankruptcy and potential claims arising out of the company's 2014 leveraged buyout and asset sales. Co-lead counsel in a contested bankruptcy confirmation hearing that led to a revised plan of reorganization that provided a greater recovery to noteholders and other unsecured creditors.
\tRepresentation of the Chapter 11 Plan Administrator of Cobalt International Energy, Inc. and its debtor affiliates in connection with his retention, the administration of the company’s liquidation, the settlement of class action securities litigation against the company, and claims against the company's insurers.
\tRepresentation of entities sponsored by two major private equity firms as acquirers in litigation concerning the funding banks’ alleged breach of a contract to finance the $18 billion leveraged buyout of Clear Channel Communications, Inc.
\tRepresentation of CWCapital Asset Management LLC, in its capacity as special servicer for a CMBS trust, in defense of $200 million in claims brought by the owner of a Manhattan office building. Plaintiffs’ claims, including breach of contract and tortious interference, were dismissed from the bench following oral argument and the dismissal affirmed unanimously on appeal.
\tIn one of the first cases to pursue claims against mortgage originators for breaches of representations and warranties, representation of a trust holding numerous commercial mortgages in an action against the financial institution that had sold defective loans into the trust. After a month-long bench trial in New York state court, the court found the defendants had breached representations and warranties concerning two loans. When the court then denied the trust any damages, Bob and the firm twice successfully appealed. The appellate court remanded the case for determination of damages. Following an extensive damages hearing before a Special Referee who identified substantial damages, the matter settled out of court.
\tRepresentation of the Litigation Advisory Board of a hedge fund, for which Bob and the firm obtained $77 million in settlements from three major broker-dealers in a case arising out of the liquidation of complex derivative securities.
\tRepresentation of institutional investors in an action against a Big Four accounting firm arising out of its audits of a bankrupt company.
\tConduct of an internal investigation on behalf of the Audit Committee of a NYSE-listed consumer financial services company in connection with the Committee’s review of the company’s previously issued financial statements.
\tSubmission of an expert report estimating the future legal fees and expenses in a then-pending complex litigation; the fees and expense were part of an indemnification claim in bankruptcy court.
\tPro bono representation of an inmate in New Jersey State Prison in bringing Section 1983 claims against doctors concerning their treatment of his medical conditions in prison.
Mary Mulligan
Mary Mulligan is co-head of Friedman Kaplan’s white collar criminal defense practice. Over the course of her more than 35-year career, she has handled matters involving virtually all aspects of white collar crime. She has been described by the New York Law Journal as a “heavy hitter” in the white collar defense bar and is renowned for her work handling high-profile cases for clients and significant, confidential matters resolved behind the scenes which are not publicized.
John Orsini
John Orsini advises and represents major public companies, private firms, and high-ranking executives in the financial services, technology, aerospace, hospitality, non-profit, and other industries. He represents clients as plaintiffs and defendants in complex business and financial disputes in federal and state trial and appellate courts, and before FINRA, AAA, the ICC, and other arbitral tribunals. He has examined and cross-examined dozens of witnesses at trial and in hearings, and argued numerous motions.
His matters involve diverse issues and claims, including breach of contract, breach of fiduciary duty, securities fraud, and business divorces. He has represented a number of companies and individuals in connection with the movement among firms of high-producing financial services professionals and other employees, including in emergency hearings for immediate injunctive relief. He also regularly counsels clients pre-litigation concerning strengths and weaknesses of claims and defenses, and the resulting tactical path forward in difficult circumstances.
Representative Matters
\tServing as trial counsel in a five-month New Jersey state court jury trial, one of the longest in the court’s history, defending a prominent financial services company against billion-dollar claims of civil racketeering and unfair competition. The court dismissed plaintiff's civil racketeering claims after the close of evidence and the case settled favorably while the jury was deliberating.
\tActing as trial counsel for one of the world's most prominent inter-dealer brokerage firms in eight consolidated FINRA arbitrations, defending against claims of "raiding," unfair competition, breach of non-competition and non-solicitation agreements, misappropriation of trade secrets, and other business torts. The merits hearings spanned over a year and a half, during which more than 70 witnesses were called to testify. The panel ultimately awarded plaintiffs a fraction of the damages they sought, and awarded significant damages to employees hired by the client.
\tRepresenting one of the largest proprietary trading firms in the world in litigations regarding SPAC and PIPE transactions and other securities related disputes.
\tRepresenting the Federal Deposit Insurance Corporation as Receiver for Signature Bank in various civil litigations in which plaintiffs have asserted breach of contract, tort, and statutory claims arising from alleged conduct at Signature before its closure by the New York Department of Financial Services in 2023.
\tRepresenting the founder of the leading United States aerospace supplier management company in an earn-out dispute arising from the sale of his company to an international transportation industry servicer conglomerate.
\tRepresenting a California-based international financial institution in defense of various claims brought by a plaintiff who alleges he was defrauded by account holders.
\tRepresenting financial service professionals and their employers regarding post-termination restrictive covenants and misappropriation claims, and the forfeiture of vested incentive and carry rights. A recent example included an emergency preliminary evidentiary hearing in federal court, at the conclusion of which the court vacated a TRO previously entered against the clients, denied the former employer's motion for a preliminary injunction, and later affirmed both decisions on plaintiff's motion for reconsideration.
\tDefending current and former senior public company executives against class action claims of securities fraud and control person liability, including a recent successful motion to dismiss all securities fraud claims against the client and the defeat of class plaintiff's subsequent motion to amend the complaint to reinstate claims.
\tRepresenting an Ad Hoc Committee of First Lienholders in the Frontier Communications Corporation Chapter 11 bankruptcy, opposing the debtors’ proposed DIP financing that would have improperly primed our client group’s liens.
\tRepresenting a leading medical device innovator in litigation against an investment bank related to a dispute arising from a fund-raising engagement letter.
\tRepresenting the principals of a real estate investment firm in a breach of contract action asserting claims against a large hedge fund relating to the parties’ agreement to release each other from legal claims relating to potential transactions with another party.
\tAsserting claims to recover unpaid compensation and severance in a FINRA arbitration on behalf of a former top-ranking executive at one of the largest Wall Street investment banks.
\tRepresenting a major NYC-based operator of award winning restaurants in New York and elsewhere in disputes with landlords, including those arising from COVID-19 related closures.
\tRepresenting a well-known toy inventor in litigation over restrictive covenants that were terms of his sale of his company to a leading toy manufacturer.
\tBringing securities fraud and negligence claims on behalf of hedge funds to recover $116 million in losses from Madoff feeder funds' management and their accountants.
Daniel Rapport
Dan Rapport represents investment funds, corporations, and individuals as plaintiffs and defendants in high-profile complex commercial litigation and arbitration, often in matters of first impression. He also advises funds, corporations, special committees, and individuals in connection with investigations and governance practices.
Representative Matters:
\tAdvising a derivative counterparty regarding rights, remedies, and potential litigation claims arising out of events in the Texas electricity market in connection with Winter Storm Uri in February 2021.
\tOver the course of nearly a decade, Dan represented two hedge funds pursuing claims against the Republic of Argentina to recover on defaulted bonds.
\tRepresentation of U.S. Bank National Association in its capacity as indenture trustee of certain notes issued by Windstream Services, LLC in connection with litigation concerning an alleged default under the indenture. Dan and the firm litigated the matter through trial, with the court ultimately ruling in favor of U.S. Bank on all points, and finding that Windstream had in fact breached the indenture.
\tDefense of Wells Fargo & Co. and Wachovia against multibillion-dollar claims asserted by Citigroup arising out of the acquisition of Wachovia by Wells Fargo during the financial crisis.
\tRepresentation of T-Mobile USA, Inc. as plaintiff asserting antitrust claims arising out of an alleged conspiracy to fix prices of LCD screens.
\tDefense of the former CFO of a biotech company against breach of fiduciary duty claims arising out of the sale of company shares through allegedly improper means.
\tDefense of Wells Fargo & Co. against a qui tam claim brought under the federal and New York State False Claims Acts.
\tRepresentation of the Special Litigation Committee of Aetna in connection with its proposed merger with Humana.
\tRepresentation of the Special Litigation Committee of H.J. Heinz Company in connection with its acquisition by Berkshire Hathaway Inc. and 3G Capital Partners Ltd.
\tDefense of a hedge fund against claims arising out of alleged misconduct by a former employee.
\tConducted an internal investigation regarding misconduct by a senior hedge fund manager.
\tRepresentation of directors and senior officers during a Special Litigation Committee investigation at a Fortune 500 company.
\tRepresentation of a Fortune 1000 pharmaceutical company in complex commercial disputes.
\tDefense of T-Mobile USA, Inc. and one of its executives against claims that T-Mobile had violated various FCC orders.
\tRepresentation of a litigation trust formed to pursue claims for breach of fiduciary duty against the former controlling shareholder of Marvel Entertainment Group.
Jason Rubinstein
Jason Rubinstein represents public and private companies, investment funds and investors, and high-level executives as plaintiffs and defendants in business and financial disputes, and particularly excels in handling matters of exceptional complexity. He has a broad-based practice in the federal and state courts, as well as before various arbitral tribunals. His areas of focus include complex contractual disputes, business torts, bankruptcy litigation, securities fraud, business divorces, employment litigation and arbitration, and defense of law firms in legal malpractice cases. He also advises clients, including corporate boards and special committees, in connection with internal investigations and derivative lawsuits.
Jason is a member of the firm's Management Committee. In addition, he serves as General Counsel to Friedman Kaplan and advises the firm on all matters of conflicts and ethics.
Representative Matters
\tRepresentation of the largest creditor of PG&E in successfully prosecuting multibillion-dollar insurance subrogation claims, for injuries arising out of the 2017 and 2018 North Bay wildfires, in one of most complex bankruptcy cases in U.S. history.
\tObtained the dismissal, following a motion to dismiss and a motion for partial summary judgment, of a lawsuit asserting tortious interference and breach of contract claims brought by the former majority shareholder of a major international refiner, recycler, and manufacturer of metal products alleging that our client, the company’s second largest shareholder, caused the failure of the majority shareholder’s negotiations to restructure approximately €1.6 billion in indebtedness. The Appellate Division, First Department, affirmed the lawsuit’s dismissal.
\tRepresentation of an affiliate of the former owner of the iconic Shore Club Hotel in Miami’s South Beach in litigation asserting breach of contract and business tort claims following a series of clandestine transactions that divested our client of its rights in the Shore Club.
\tDefense of the former Chief Financial Officer of a liquidated sports equipment manufacturer in a putative class action asserting ’34 Act claims arising out of the company’s alleged failure to disclose that it engaged in sales practices that impaired future earnings and forced it into bankruptcy.
Eric Seiler
Eric Seiler, a founder of Friedman Kaplan, is well known for his work in high-stakes complex commercial litigation, including in matters of first impression. He has a broad-based practice in federal and state courts which includes substantial, ongoing experience acting as lead counsel in significant jury and non-jury trials and arbitrations. His areas of focus include securities, complex contractual disputes, business torts, insurance, accountants' liability, antitrust, and employment litigation and arbitration. He also advises clients in connection with internal investigations.
Representative Matters
\tRepresentation of a group of lenders holding over $600 million of first-lien debt in Serta Simmons Bedding in closely watched lawsuits in New York state and federal courts and the U.S. Bankruptcy Court for the Southern District of Texas challenging the validity and legality of the company's uptier transaction with another group of lenders.
\tRepresentation of WeWork co-founder and former CEO and Chairman Adam Neumann and affiliated company We Holdings LLC in a Delaware Chancery Court action, which was consolidated with an action commenced by a Special Committee of WeWork’s Board of Directors, challenging the decision of WeWork’s majority institutional shareholder to terminate a multibillion-dollar tender offer.
\tRepresentation of the largest creditor of PG&E in successfully prosecuting multibillion-dollar insurance subrogation claims, for injuries arising out of the 2017 and 2018 North Bay wildfires, in one of most complex bankruptcy cases in U.S. history.
\tRepresentation of Caesars Entertainment Corporation in defense of federal and chancery court lawsuits brought by various creditor groups alleging that certain transactions violated the terms of bond issuances and the Trust Indenture Act.
\tRepresentation of GSO Capital Partners in litigation challenging its refinancing of debt issued by New Jersey-based home builder Hovnanian Enterprises, Inc.
\tRepresentation of Wells Fargo & Co. and Wachovia in connection with a multibillion-dollar dispute with Citigroup arising out of the acquisition of Wachovia by Wells Fargo during the financial crisis.
Jeffrey Wang
Jeffrey Wang is a member of the firm's Management Committee. He represents major public and private companies in the financial services, real estate, and other industries as plaintiffs and defendants in complex business and financial disputes in federal and state courts and before FINRA and other arbitration bodies, including on appeal and in matters of first impression. His practice focuses on complex contractual, intellectual property, securities, insurance, and employment litigation and arbitration. Jeff particularly excels in handling exceptionally challenging matters involving complex financial instruments or scientific evidence and expert testimony.
Representative Matters
\tRepresentation of the Tribune Company Litigation Trust and indenture trustees for Tribune’s pre-LBO bondholders in prosecuting claims for intentional and constructive fraudulent transfer, breach of fiduciary duty, aiding and abetting, and professional malpractice, among others, against Tribune's former shareholders and financial advisors arising out of Tribune’s 2007 leveraged buyout.
\tFollowing a multi-day, expedited AAA arbitration, obtained a complete victory granting our client, a lender for a New York city high-rise construction project, relief under a binding agreement with the former property owner.
\tSecured a sizeable and confidential arbitration award following a multi-day AAA arbitration trial for a former executive of an investment company pursuing claims relating to unpaid equity compensation.
\tRepresentation of Silverstein Properties in a series of insurance, contract, and tort disputes arising out of the collapse of the 7 World Trade Center building on September 11, 2001. This representation resulted in the successful resolution of all litigation following the collapse, including the grant of summary judgment in favor of defendants in a long-running suit by Con Edison concerning the design and construction of the building, which was affirmed by the Second Circuit Court of Appeals.
\tRepresentation of a global investment bank in a FINRA arbitration addressing breach of contract, fraud, and other claims brought against the bank by former employees.
\tRepresentation of CWCapital Asset Management LLC, in its capacity as special servicer for a CMBS trust, in defense of $200 million in claims brought by the owner of a Manhattan office building. Plaintiffs’ claims, including breach of contract and tortious interference, were dismissed from the bench following oral argument and the dismissal affirmed unanimously on appeal.
\tRepresentation of an individual defendant in connection with a securities class action against a company of which he was previously CEO. The class action concerned a financial restatement that took place subsequent to our client's departure from the company.
\tRepresentation of clients in connection with senior executive employment matters, including employment contracts and separation agreements and litigation and counseling related to these agreements.
\tIn one of the first cases to pursue claims against mortgage originators for breaches of representations and warranties, representation of a trust holding numerous commercial mortgages in an action against the financial institution that had sold defective loans into the trust. After a month-long bench trial in New York state court, the court found the defendants had breached representations and warranties concerning two loans. When the court then denied the trust any damages, Jeff and the firm twice successfully appealed. The appellate court remanded the case for determination of damages. Following an extensive damages hearing before a Special Referee who identified substantial damages, the matter settled out of court.
\tRepresentation of Amazon.com in several intellectual property actions, including obtaining dismissal on summary judgment of federal Lanham Act and state trademark infringement claims.