BANKRUPTCY & CREDITORS’ RIGHTS

Massey & Gail has extensive experience in all aspects of bankruptcy and creditors’ rights. Our lawyers have represented a wide range of creditors, trustees, and other interested parties in enforcing and protecting their rights in bankruptcy and other insolvency proceedings in courts throughout the United States. We have obtained favorable results for clients in insolvency-related litigation in state and federal court and are frequently brought into cases to handle appeals of insolvency issues. Our lawyers also counsel clients in structuring transactions to minimize bankruptcy and other insolvency risk. Our experience spans industries covering financial services, maritime shipping, airline, retail, telecommunications, commercial real estate, gaming, technology, manufacturing, mining, and energy.

REPRESENTATIVE MATTERS

Counsel for Debtor Nine West Holdings in SDNY bankruptcy adversary proceeding involving claims of alleged breach of fiduciary duty, fraudulent transfer and other causes of action regarding the 2014 leveraged buyout of the company. Case settled favorably after one week of trial.
Successfully representing the Illinois statutory liquidator of a health care co-op in the Federal Circuit and U.S. Supreme Court and recovering over $100 million from the federal government.
Representing Enron’s bankruptcy estate in an adversary proceeding in Manhattan bankruptcy court asserting claims for aiding and abetting breaches of fiduciary duty and fraud of Enron’s top officers.
Bringing claims on behalf of joint administrators and liquidators of Lehman Brothers International (Europe) against Lehman’s U.S. entities in Manhattan bankruptcy court.
Prosecuting $80 million in rights and claims of a major financial institution under trade-finance deals and parent guaranties in Delaware chapter 11 bankruptcies and a related UK proceeding.
Successfully defending fraudulent transfer claims brought against a syndicate of financial institutions in Illinois state court, arising out of settlement of a foreclosure action against bank holding company.
In the largest environmental bankruptcy to date, protecting interests of a global energy company as a claimant and potentially responsible party at multiple mining sites.
Successfully defending a major financial institution against a Ponzi scheme clawback claims brought by chapter 7 trustees in Illinois and Florida bankruptcy courts.
Representing communications company creditors in the Supreme Court regarding whether FCC lawfully cancelled licenses of chapter 11 debtor. FCC v. NextWave Pers. Comm’ns, Inc., 537 U.S. 293 (2003).
Representing the plan administrator in the bankruptcy of a multibillion-dollar information services company, successfully recovering millions of dollars in preference litigation.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.