Seward & Kissel LLP > Washington DC, United States > Firm Profile

Seward & Kissel LLP
901 K STREET, NW
WASHINGTON, DC 20001
DISTRICT OF COLUMBIA
United States

Transport > Shipping: finance Tier 1

Home to a ’cutting-edge practice that leads the way in US shipping finance’, Seward & Kissel LLP‘s banking and finance practice represents several of the world’s leading public and private maritime companies, financial institutions and other shipping industry participants. The team’s coverage ranges from initial structuring and formation and seed financing, to an array of capital-raising deals in the US and overseas. In addition to assisting with high-stakes finance deals, the group’s expertise encompasses capital markets, M&A, private equity, and restructuring and insolvency work. Active on behalf of both borrowers and lenders, it also advises on associated tax, litigation and regulatory issues. The ‘very knowledgeable’ maritime and transportation finance group is led by Mike Timpone, who predominantly represents US and non-US banks (as well as shipowners on the borrower side) in secured loans and other financing transactions; Keith Billotti is an adviser to maritime sector clients on corporate and US securities law; and Edward Horton acts for issuers and underwriters on major securities deals. The department further includes complex financing specialist Hoyoon Nam; recently-promoted partner Kurt Plankl; and maritime and international finance expert Sophia Agathis. All the attorneys listed are based in the firm’s New York office.

Practice head(s):

Mike Timpone; Keith Billotti; Edward Horton

Other key lawyers:

Testimonials

‘Cutting-edge practice that leads the way in US shipping finance.’

‘Very knowledgeable and first-class bench, with strength and depth.’

Key clients

DNB Bank ASA, NY Branch

Scorpio

SFL

Eagle Bulk Shipping Inc

Dorian

Hudson Structured Capital Management

Credit Agricole Corporate & Investment Bank

First Citizens

Euronav NV

M&A/corporate and commercial > M&A: middle-market (sub-$500m) Tier 2

Praised for being sensible and reasonable in its approach to negotiation’, Seward & Kissel LLP‘s sector focus makes it a popular address for clients from the financial services sector, such as investment management firms and broker-dealers, as well as for shipping and offshore wind companies. The New York-based team’s sizeable roster of non-US-based clients is a testament to its cross-border expertise. Leadership duties are divided between partners Craig Sklar and James Abbott. Sklar, who is praised for his ‘impressive, collaborative approach’ to M&A deals, is well-versed in maritime transactions, while Abbott is a key contact for inbound US work.  Nick Katsanos is geared to handle roll-ups in the veterinary industry. Danielle Lemberg, who was promoted to partner in July 2023, handles a broad spectrum of transactional work and is a popular choice for private equity clients.

Practice head(s):

Craig Sklar; James Abbott

Other key lawyers:

Gerhard Anderson; Nick Katsanos; Danielle Lemberg

Testimonials

‘They are very efficient in handling complex matters, they show strong availability, and have strong negotiation skills. We seem to always be a priority for them. We always have the right staffing in place with very senior involvement on all matters. We work with very professional and knowledgeable professionals at all levels.’

‘James Abbott is efficient and resourceful. He is definitely our trusted advisor on all US legal matters. He understands very quickly the dynamics of all situations.’

‘Gerhard Anderson is very experienced in all financial technical matters.’

‘They all have a very reasonable and efficient approach to handling matters, especially as part of the negotiation process. I appreciate their good appreciation of the market practice that would be acceptable for a counterpart. ’

‘We have worked with the Seward & Kissel team for 5 years. When we have a deal that needs to be done, the team is prepared to be sensible and reasonable in its approach to negotiation, rather than getting stuck on legal points which are out of proportion to the legal risks posed by the deal. This allows us to execute deals quickly, which is often essential to preserve the value of the target entity.’

‘James Abbott has a level of understanding of the issues which allows him to take views confidently and give practical advice. He is extremely responsive and unflappable – too extremely important qualities in a relationship partner. We have also worked with Danielle Lemberg and she is extremely effective.’

‘Attention to detail, quality, responsiveness, balanced and thoughtful approach, depth of team, were all exemplary.’

‘Craig Sklar and Nick Katsanos were the main engagement partners. Their own expertise was excellent, however, equally as important they knew their limitations and when to draw upon their colleagues who specialized in other areas. Impressive, collaborative approach, with no egos.’

Key clients

AlTi Global, Inc.

Diana Shipping Inc.

Growth Catalyst Partners

Estancia Capital Management

Stable Rock Solutions, LLC

Frontline Ltd.

Marex Group

TechInsights Inc.

Kudu Investment Management

iM Global Partner

Work highlights

  • Advised UK-based broker-dealer Marex plc in connection with its acquisitions of ED&F Man Capital Markets and the legacy prime brokerage business of TD Cowen.
  • Advised Tiedemann Advisors and TIG Advisors in connection with their merger with UK-based Alvarium and a SPAC to form publicly-traded investment manager AlTi Global, Inc.
  • Advised offshore wind turbine company Eneti Inc. in connection with its merger with Denmark-based Cadeler A/S.

Transport > Shipping: litigation and regulation Tier 2

Seward & Kissel LLP, offering ‘deep knowledge of both the underlying transactions and best strategies for resolving commercial disputes that arise’, handles litigation, arbitration and investigations throughout the US and abroad, with the maritime litigation practice focusing on disputes arising from shipping business, financing transactions, shipping securities and governance, as well as vessel operations. ‘At the top of his game’, Bruce Paulsen is a specialist in shipping industry-related finance and securities-related disputes, along with traditional maritime disputes, lien claims and environmental issues. Paulsen co-chairs the litigation group alongside Russell Johnston, who was elevated to the role in September 2023. In another boost to the practice, Brian Maloney was promoted to partner in July 2023. Maloney specialises in litigating complex commercial disputes and managing regulatory investigations, and has a growing caseload in relation to shipping industry-related sanctions. The team further includes Laura Miller, promoted to counsel in January 2024, whose recent experience includes being part of the team representing ING Bank in lawsuits arising from the OW Bunker group’s global collapse. All advisers listed are based in the firm’s New York office.

Practice head(s):

Bruce Paulsen; Russell Johnston

Other key lawyers:

Testimonials

‘Excellent team.’

‘Very responsive at all hours and quick turnarounds.’

‘First-class team, with a very strong bench. Very responsive and very knowledgeable.’

‘World view, appeals court practice, trial work, discovery, mediation – all well done.’

‘Seward’s shipping litigation team has deep knowledge of both the underlying transactions and best strategies for resolving commercial disputes that arise. Seward’s team handles cases from all over the world, and can deliver co-counsel in any jurisdiction where local assistance is warranted.’

‘Bruce Paulsen and Brian Maloney – great combination of senior wisdom, hard work and technical knowledge, resulting in solid client representation.’

‘Bruce Paulsen and Brian Maloney stand out as exceptional litigators. They work hard but effectively. They are both easy to reach and responsive.’

‘Bruce Paulsen is a recognized industry practitioner at the top of his game; the best pair of hands in US shipping litigation. Brian is excellent.’

Key clients

Commodities & Minerals Enterprise Ltd.

Hanwin Shipping Limited

ING Bank N.V.

Sea Justice Ltd.

Blue Wall Shipping Ltd.

American Bureau of Shipping

Investment fund formation and management > Alternative/hedge funds Tier 3

Seward & Kissel LLP's investment management team is based in New York, boasting a number of experienced partners advising and representing hedge fund and investment managers at all levels and advising on the full range of SEC related regulatory matters. Jointly led by Patricia Poglinco and Robert Van Grover, the team handles fund formation issues, advising on forming open-ended fund structures in the crypto and blockchain industry. Christopher Riccardi has decades of experience in the field, advising various clients in investment strategies, derivatives, and securities, while Debra Franzese is another key contact. Daniel Bresler is an active member of team, preparing offering documents regarding various fund structuring.

Practice head(s):

Patricia Poglinco; Robert Van Grover

Work highlights

Investment fund formation and management > Mutual/registered/exchange-traded funds Tier 3

Asset management organizations, mutual fund complexes and their independent directors turn to Seward & Kissel LLP for advice on the formation and structuring and registration of mutual funds, exchange traded funds and business development companies, among other registered entities. The firm’s broad practice additionally covers regulatory advice pertaining to SEC rules and developments as well as reorganizations and fund acquisitions, with a particular strength of the team regarding bank mutual fund activities. Practice head Paul Miller is based on Washington DC and focuses his practice in this area and frequently advises registered investment companies and advisers on remaining compliant with SEC regulations and the Investment Company Act of 1940. Further important team members include Robert Kurucza who has expertise in federal banking and securities laws, which benefits clients who are structuring new fund products, Lauren Clise, who supports registered investment companies and ETFs with their registration and operation and Lancelot King advises investment companies and registered investment advisers during regulatory examinations, with all three being based in Washington DC.

Practice head(s):

Paul Miller

Testimonials

‘We work with Seward & Kissel teams on both 1940 Act products and hedge funds. Their insights and guidance on the regulatory environment and trends are especially helpful.’

‘Paul Miller’s depth of knowledge, guidance, and responsiveness to our needs have been of great value to our team for over a decade.

 

Dispute resolution > Corporate investigations and white-collar criminal defense

Seward & Kissel LLP frequently advises clients within the financial sector, including banks, broker-dealers, and hedge funds. In addition to its expertise in the financial services sector, the team is also experienced at representing professionals within the cryptocurrency and blockchain market. Jaimie Nawaday has broad capabilities in acting for both companies and individuals who are being investigated for money laundering, securities fraud, and false claims. Michael Watling is recommended for matters relating to market manipulation, tax evasion, and mortgage fraud. Other key lawyers in the team include Philip Moustakis and Russell Johnston, both of whom have an in-depth knowledge of cases concerning digital assets. All lawyers mentioned are located in New York.

Practice head(s):

Jaimie Nawaday; Michael Watling

Other key lawyers:

Testimonials

‘The reputation of Seward & Kissel is strong in corporate investigations and white-collar defense.’

‘Jaimie Nawaday is sharp, strategic, and practical.’

‘The firm has a great reputation in the industry.’

Dispute resolution > Securities litigation: defense Tier 5

Based in New York, Seward & Kissel LLP frequently acts for public shipping companies, investment managers, broker-dealers and banks in class actions, 10b5 matters, insider trading claims and market manipulation cases. The lead partners are Russell Johnston and Bruce G Paulsen, who are ‘particularly knowledgeable and experienced‘, though head of both the litigation department and the government enforcement and internal investigations group Michael G Considine and complex litigation specialist Jack Yoskowitz are the standout attorneys in the practice. The ‘smart, responsiveMichael Watling also plays a key role in the firm’s most complex matters.

Practice head(s):

Russell Johnston; Bruce Paulsen

Other key lawyers:

Michael Considine; Jack Yoskowitz; Michael Watling

Testimonials

‘The litigation team is extremely experienced and talented in securities litigation.’

‘Russell Johnston is particularly knowledgeable and experienced in securities matters and government investigations.’

‘The strength of Seward & Kissel’s Investment Management practice is a key differentiator for the firm. They have also recently expanded their adjacent broker-dealer regulatory and enforcement practices, which are also quite sophisticated. ’

‘Michael Watling is a standout partner at the firm. He has a extensive experience in representing financial institutions in connection with regulatory inquires. He is smart, responsive, and has a deep understanding of the applicable broker-dealer and investment manager regulatory environment.’

Work highlights

  • Advised Tocqueville Asset Management and its principals in connection with books and records requests by minority investor founder and subsequent lawsuit seeking over $100 million in alleged damages to his investment.
  • Advised Aksia LLC in connection with class action brought by a class of Pennsylvania public-school teachers who participated in a retirement plan for employees of the Pennsylvania public school system against various plan advisors.

Investment fund formation and management > Private equity funds (including venture capital) Tier 5

Seward & Kissel LLP‘s investment management team is well regarded for their ‘excellent understanding of their market’ and ‘long term expertise in this area of law’. The firm frequently works on fund formation matters for middle market private equity funds, primarily on behalf of sponsors, across a variety of strategies and asset classes and has particular strength in regulatory aspects relating to every stage of the fund lifecycle. Patricia Poglinco and Robert Van Grover lead the team and are supported by Kevin Neubauer, whose broad practice covers private equity funds, private credit funds, venture capital funds and hedge funds and Joseph Morrissey provides advice to middle market fund sponsors and notable private equity firms regarding fund structuring and regulations. The team is based primarily in New York, where Christopher Riccardi and Dan Bresler are further names to note. Regulatory and corporate expert Daniel Viola joined the firm from SADIS & GOLDBERG LLP in August of 2023.

Practice head(s):

Patricia Poglinco; Robert Van Grover

Other key lawyers:

Kevin Neubauer; Joseph Morrissey; Christopher Riccardi; Dan Bresler; Daniel Viola; Noelle Indelicato; Kevin Cassidy

Testimonials

‘The Seward fund formation team has an excellent understanding of their market. They are able to give great advice to their clients because they have long term expertise in this area of law.’

‘We work closely with Kevin Neubauer and his team and find him to be an exceptional attorney. He has a strong knowledge and understanding of the legal considerations for fund managers. He is a very strong communicator and very commercially oriented. He stands apart given his broad skillsets.’

Finance > Restructuring (including bankruptcy): corporate Tier 6

Seward & Kissel LLP ‘s New York-based corporate restructuring and bankruptcy group has capabilities in both in-court and out-of-court restructurings, as well as insolvency-related litigations, of which the firm specializes in for a range of clients from debtors to unsecured creditors’ committees. John R Ashmead  heads the team and is experienced in representing trustees and creditor committees in chapter 11 proceedings and liquidations, while Robert J Gayda  handles restructuring matters for a range of clients both in-court and out-of-court. Catherine LoTempio is focused on providing bankruptcy advice to lenders, bondholders, creditor committees and corporate trustees and agents.

Practice head(s):

John R. Ashmead

Other key lawyers:

Robert J Gayda; Catherine LoTempio

Testimonials

‘Technically excellent legal advice; very hands on and personable service. ’

‘Highly communicative. Excellent working within transactions. Very reasonable and pragmatic.’

‘The S+K team are well-versed in the law but stand out for their pragmatism, commercial sensibility, “ease of use”, and efficiency. They punch well above their weight as a small but extraordinarily firm and practice. They are particularly good at bringing the necessary resources to bear in an efficient and cost-effective manner.’

‘John Ashmead is well-versed in bankruptcy concepts and high regarded in the community, which makes him an invaluable legal advisor under difficult conditions. Bob Gayda is hard-working and eminently reasonable in approach – he is practical in a field rife with posturing, and is able to see through the superficial conflict and ancillary points at issue and drive actionable solutions.’

‘They fill a unique spot as a powerhouse restructuring in certain specific industries, such as maritime and shipping. ’

‘Bob Gayda is very practical. Catherine LoTeimpo is an up and coming stay. Very capable. ’

Key clients

Official Committee of Unsecured Creditors in the Cash Cloud, Inc. (DBA Coin Cloud) Bankruptcy

Times Square JV LLC

Official Committee of Unsecured Creditors in the Genesis Global Holdco Bankruptcy

Drivetrain Agency Services, LLC

Quanergy Systems, Inc.

DNB Bank ASA

U.S. Bank

New Agathonissos Finance LLC

UMB Bank N.A.

Wilmington Savings Fund Society, FSB

Wilmington Trust, National Association

Michael Wyse, as Receiver for RAM Telecom International, Inc

Work highlights

  • Represented the Debtors in the Times Square JV LLC chapter 11 bankruptcy cases.
  • Represented the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Cash Cloud, Inc. (DBA Coin Cloud).
  • Represented the Official Committee of Unsecured Creditors as special litigation counsel in the chapter 11 bankruptcy cases of Genesis Global Holdco.

Dispute resolution > Financial services litigation

Seward & Kissel LLP‘s financial services litigation practice has a strong focus on securities matters, including class actions and disputes. The New York-based team is led by Russell Johnston and Bruce Paulsen.

International trade > Customs, export controls and economic sanctions

Leveraging its firm-wide strength in the maritime and investment management sectors, Seward & Kissel LLP specializes in representing shipping and financial services clients on export controls and economic sanctions. Litigation co-chair and maritime specialist Bruce Paulsen heads the practice.

Seward & Kissel LLP, founded in 1890, is a leading US law firm with an international reputation for excellence. The firm focuses its practice primarily on corporate issues and litigation in the financial services, corporate finance and capital markets areas. The firm is particularly well known for its representation of major commercial banks, investment banking firms, investment advisers and related investment funds (including mutual funds and hedge funds), broker-dealers, institutional investors and transportation companies (particularly in the shipping area).

Main areas of practice
Bankruptcy and corporate reorganization: the firm handles bankruptcy, workout and reorganization matters.

Business transactions (M&A and private equity): clients in connection with middle-market mergers and acquisitions, private equity and venture capital transactions, joint ventures, strategic alliances and seed capital arrangements, with emphasis on investment management, broker-dealer and other financial services, shipping and media industry deals.

Capital markets: issuers and underwriters in US and global offerings of securities, ie registered initial and secondary public offerings (including ‘shelf’ offerings), private placements and Rule 144A and Reg S offerings.

Derivatives and other counterparty arrangements: dealers and counterparties in structuring, negotiating and documenting over-the-counter and cleared derivative instruments, including hybrid products, and advises industry participants on regulatory compliance programs, exchange-traded futures and options, and repurchase and securities lending programs.

Distressed debt and secondary-market trading: clients in the purchase and sale of distressed domestic and foreign loans, sovereign loans and other distressed debt, as well as in all aspects of the distressed debt practice area.

Global bank and institutional finance: domestic and international banks and financial institutions in structured finance, corporate trust, restructuring, workouts and insolvency, lending, aircraft and project finance; major banks in structuring innovative loan portfolio platform, leveraged loan transactions and total return swap transactions and distressed debt and claims trading.

Investment management: since forming the first hedge fund in 1949, the firm continues to represent a large market share of worldwide hedge fund work, with a client roster that includes a number of the top 100 hedge fund managers based on assets under management. The firm represents private investment and registered fund clients in fund formation, operation and other complex matters, including: tax, regulatory and compliance, business transactions, enforcement, litigation, management company, and fund structuring and reorganizations.

Litigation: banks, broker-dealers, investment managers and other clients in courts, regulatory proceedings, administrative tribunals and arbitrations, focusing on securities-related litigation, business disputes, government enforcement and internal investigations, employment matters, insurance, maritime, trademark, and bankruptcy and workout matters.

Maritime and aviation finance: creates innovative financing structures for shipowners and lenders, and handles complex transactional and other issues arising from the expansion and contraction of the shipping markets; advises owners, operators, lessors and financiers of commercial and corporate aircraft in the acquisition, leasing and financing thereof and the implementation of ownership structures.

Real estate: institutional investors, developers and others in buying, selling, developing and financing all types of real estate assets; joint ventures and the formation of, and investments in, private equity funds.

Structured finance and asset securitization: participants in connection with secured and unsecured, asset based, market value and cash flow transactions; multi-seller commercial paper conduit transactions; receivables transactions, including mobile device installment billing contracts; commercial lending; subscription finance; CLOs; risk retention structures and financing; public and private offerings of securities; project finance; and derivatives products.

Department Name Email Telephone
Bankruptcy and corporate reorganization John R Ashmead
Business transactions (M&A and private equity) James E Abbott
Business transactions (M&A and private equity) Craig A Sklar
Capital markets Edward S Horton
Capital markets Keith Billotti
Distressed debt and secondary market trading Greg Cioffi
ERISA and employee benefits S John Ryan
Investment management Patricia A Poglinco
Investment management Robert B Van Grover
Litigation Michael J McNamara
Maritime and aviation Michael Timpone
Real estate Rhona Kisch
Structured finance and asset securitization Greg Cioffi
Structured finance and asset securitization Gregg Bateman
Taxation James C Cofer
Trusts and estates Hume R Steyer
Washington D.C. Paul M Miller
Number of Partners : 53
Number of Other Fee-Earners : 117
Total Staff : 298