Jenner & Block

 

Representative Cases:

  • Represented the debtor/petitioner in Law v. Siegel, a United States Supreme Court case concerning the power of bankruptcy courts to override statutory exemptions of personal property that a debtor would otherwise be permitted to retain.
  • Represents the debtors/respondents in City of Chicago v. Fulton, a United States Supreme Court case concerning whether an entity in possession of property of the bankruptcy estate has an affirmative obligation under the Bankruptcy Code to return that property to the debtor .
  • Represents numerous clawback defendants in the Bernard L. Madoff Investment Securities LLC SIPA liquidation proceedings and related Fairfield Sentry Ltd. British Virgin Islands liquidation.
  • Represented CME Group in the SIPA liquidation proceedings of MF Global Inc. and related matters.
  • Represented Public Service Enterprise Group (PSEG) in connection with the Chapter 11 bankruptcy cases of Edison Mission Energy and Midwest Generation and the negotiation of issues arising out of a sale-leaseback transaction involving coal-fired power plants.
  • Represents the Chapter 7 debtor in an Eleventh Circuit appeal of student loan “undue hardship” discharge determination.
  • Represented journalist Mattathias Schwartz in a Freedom of Information Act lawsuit against the US Drug Enforcement Administration.  Mr. Schwartz prevailed on partial summary judgment before the District Court for the Eastern District of New York, with the Second Circuit affirming the district court’s decision.
  • Represented section 1114 committee of executive and administrative retirees in The Budd Company, Inc. Chapter 11 case.
  • Represented the defendant-appellant in a successful appeal of a mail fraud conviction before the Second Circuit
  • Represents tenants in a Brooklyn housing court action compelling the landlord to repair a building rendered uninhabitable by fire.
  • Represented PSEG in connection with the Chapter 11 bankruptcy cases of Dynegy Holdings, LLC and certain of its affiliates, involving issues arising out of complex sale-leaseback transactions of the debtors.
  • Co-authored Ninth Circuit amicus brief on behalf of the National Association of Bankruptcy Trustees in Gladstone v. Coventry, an appeal concerning equitable tolling of avoidance actions and the characterization of term life insurance settlements.
  • Represented the plaintiff in a dispute with an indenture trustee concerning the timeliness of a bond redemption.
  • Represented an automaker in connection with a multibillion-dollar stock repurchase from the US Department of the Treasury.