Kasowitz LLP is best known for its litigation skills in bankruptcy matters and out-of-court restructurings. It frequently represents debtors in substantial chapter 11 cases and also has a background in acting for creditors and shareholders. David Rosner is chair of the bankruptcy litigation and restructuring group, a prominent figure in headline contentious matters. Matthew Stein is another key partner and was part of the team that operated as special litigation counsel to Yellow Corporation in its Chapter 11 proceedings. Both are based in New York. Ken Coleman has left the firm.
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(212) 506-1726
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Profile

Work Department
Partner
Position

Creditors' Rights and Bankruptcy Litigation; Plaintiffs' Litigation

Career

David S. Rosner, Chair of the firm’s Bankruptcy Litigation and Restructuring Group, is a leading bankruptcy litigator and restructuring partner featured in Chambers USA (praised as a “fantastic negotiator and can go toe to toe with anyone” and “extremely responsive and devoted to achieving the best results”) and Benchmark Litigation.  David has also been recognized as a leading bankruptcy and restructuring lawyer in The Legal 500, New York Metro Super Lawyers, and Best Lawyers.  He has also been selected as a Restructuring and Insolvency Expert by Euromoney Legal Media Group: Expert Guides.

David represents committees of distressed hedge funds, private equity funds, insurance companies, financial institutions, and holders of securities at every capital structure level in major corporate insolvencies in central roles in some of the largest, most complex bankruptcies in the United States.  He has represented creditors in high profile bankruptcy and restructuring matters including Toys "R" Us, Nine West, Caesars Entertainment, Trico Marine, Tribune, LyondellBasell, LeNature’s, WorldCom, Delphi, and Northwest Airlines, among numerous others. 

David has successfully litigated, argued, and won insolvency-related decisions at the First and Eleventh Circuit Courts of Appeal as well as District and Bankruptcy Courts throughout the country.

Memberships
New York; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court, Southern District of New York; U.S. District Court, Western District of New York
Education

Boston University School of Law (J.D., cum laude, 1989); Washington University, St. Louis (B.A., B.S., 1986)

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Key clients

  • First Lien Term Lenders of Envision Healthcare Noteholders in China Fishery Aman Group Resorts Columbia Property Trust Contrarian Capital Management Cyrus Capital Partners, the critical creditor constituency in Toys “R” Us Cyprus Mines Davidson Kempner and Cowell & Lee Advisors Harbinger Capital Partners Howard Meyers, Chairman of Eco-Bat Technologies Hudson Structured Capital Management affiliates InterContinental Hotels Group (IHG) Metropolitan Lumber & Building Supply, Robert Gans and related parties MDC Energy Litigation Trustee for the UC Litigation Trust for Essar Steel Minnesota Mudrick Capital Management, senior secured noteholder, in Party City Non-debtor affiliates in Chapter 11 cases filed by seven MatlinPatterson entities Unsecured Creditors of TriVascular Sales Pasig Renco Group and founder Ira Rennert Salvatore Lamonica, Chapter 7 Trustee in CIL Limited bankruptcy Second lien term lenders of Fieldwood Energy Senator Investment Group Strategic Value Partners TerraForm Power USAVflow Waterfall Asset Management Yellow

Work highlights

Defended Senator Investment Group in litigation arising from a recently completed liquidity management transaction implemented by Wesco Aircraft.
Acted as special litigation counsel to Yellow Corporation in connection with its Chapter 11 proceedings.
Represented Mudrick Capital Management and its affiliated funds as senior secured noteholders, and later DIP lenders, in Party City’s Chapter 11 bankruptcy cases in the US Bankruptcy Court for the Southern District of Texas.