Bankruptcy Litigation

Experience

    • Delta Air Lines, as special aircraft counsel, in its Chapter 11 case in New York litigating issues relating to Section 1110 of the Bankruptcy Code, lease rejections and related aircraft motions.
    • Pillowtex Corporation, a manufacturer of home textile goods, in its Chapter 11 case in Delaware including the: - Successful trial in May 2005 of receivables claims against Mervyn’s, a California-based retail chain, and defense of damage claims asserted by Mervyn’s as a result of Pillowtex’s bankruptcy and - Trial (and subsequent settlement) of easement claims asserted against corporate headquarters.
    • Noteholders in the workout of the $416 million leveraged lease project financing of the Bear Swamp Pumped Storage Hydroelectric Generating Facility in Massachusetts and the related enforcement of remedies, including the sale of the power project on behalf of the secured noteholders to a new owner as well as the development, negotiation and drafting of interim operating arrangements for the 600 MW electric generating facility during the bankruptcy of independent power producer USGen New England and prior to consummation of the sale of the power project.
    • Wheeling-Pittsburgh Steel Corporation, the nation’s ninth-largest integrated steel company, and a number of its affiliates in Chapter 11 cases filed in Youngstown, Ohio. Recent litigation work has included a successful trial in April 2005 of declaratory judgment claims relating to interpretation of a Coal Supply Agreement.
    • Globo Comunicações e Participações, a Brazilian media company, in obtaining dismissal of an involuntary Chapter 11 petition in the Southern District of New York.
    • Former directors and officers of RSL Communications and related companies in defense of actions brought by the debtor in possession and creditor’s committee in the U.S. District Court for the Southern District of New York Bankruptcy Court, obtaining dismissal of claims seeking $1.8 billion for breaches of fiduciary duty and constructive fraud.
    • Owens Corning, Fibreboard Corporation and other manufacturers of asbestos-containing products as national asbestos counsel.
    • Bruckmann Rosser and Sherrill in an action brought against them and their LBO fund in Mississippi state court by Wells Fargo as the bankruptcy trustee for Jitney Jungle Stores, seeking recovery of $1.2 billion in unrecovered creditor losses based on alleged breaches of fiduciary duty in weakening the company to the point of failure through an overleveraged LBO.
    • Reliance Group Holdings and Reliance Financial Services Corporation, the holding companies for Reliance Insurance Company, as counsel, in Chapter 11 cases filed in the U.S. District Court for the Southern District of New York.