Professional Experience
Senior Counsel
Weil, Gotshal & Manges LLP
Current
Current
In re Enron Corp. Lead trial counsel for debtors in a host of adversary proceedings in S.D.N.Y. Bankruptcy Court, primarily prosecuting claims of debtors in excess of $3 billion in respect of voidable preferences, and derivatives, swaps and forward energy contracts with sophisticated counterparties such as Duke Energy, Dynegy and IBM. Many cases are still pending; favorable settlements have been reached in others.
Current
In re Drexel Burnham Lambert, Inc.Lead trial counsel for debtors in numerous cases heard in S.D.N.Y. Bankruptcy and District Courts and lead appellate counsel in several Second Circuit appeals. Litigations successfully resolved over $100 billion of claims, including a $5.3 billion Internal Revenue Service tax claim, and confirmed a contested (until ultimately settled) plan of reorganization.
Current
Robertson, et al. v. NBA et al.Lead trial and appellate counsel for plaintiff NBA basketball players in their seminal antitrust class action in S.D.N.Y. and Second Circuit. Following five separate summary judgment victories, case favorably settled, resulting in injunctions that restructured owner-player relationships as a model for all professional sports, and recovery of damages to all their active and retired players.
Current
In re Washington Group., Inc.Lead trial counsel for CS First Boston and other senior secured lenders in successful trial confirming a contested plan of reorganization in the District of Nevada Bankruptcy Court.
Current
Columbia Pictures-SEC v. David BegelmanLead counsel representing Columbia Pictures in investigation of, and SEC proceedings regarding, embezzlement by highest-ranking motion picture company corporate officer centered in Los Angeles, California.
Current
Sheik Abdul-Assiz bin Ibrahim v. The Ritz Carlton Hotel Co.Lead trial counsel for defendant in $490 million claims brought in S.D.N.Y. by owner of four US hotels against hotel management company alleging breach of management contracts and fraud. Case successfully settled after denial of plaintiff’s injunction motion to prevent our client from withdrawing Ritz Carlton name from hotels.
Current
R.H. Macy v. Westfield Holdings, Ltd.Lead trial counsel in AAA New Jersey arbitration of commercial disputes following $230 million sale of three Macy-owned shopping centers in New York metropolitan area. Client won full arbitrator’s award.
Current
J.C. Penny v. Lazar, Inc. Lead counsel for plaintiff in New York Supreme Court in successful action for damages and injunctive relief in connection with fraud by and bribery of corporate employees.
Current
State of Illinois v. Harper & Row et al.Lead counsel for five publisher defendants in trade book industry in 37 separate antitrust class actions alleging price fixing brought in the N.D. Ill. Cases resulted in favorable settlement following successful appeal to Seventh Circuit reversing on attorney privilege grounds trial court order to turn over in discovery grand jury debriefing memos prepared by counsel. Succeeded in obtaining United States Supreme Court affirmance in 4-4 ruling.
Current
Allegart v. PerotLead trial and appellate counsel in S.D.N.Y. and Second Circuit in series of disputes between trustee of Walston Inc. and principals of duPont Glore Forgan, Inc. including Ross Perot. Case resulted in total victory, including successful appeal of trial court refusal to disqualify Weil, Gotshal & Manges
Current
BMW v. HoffmanLead counsel for plaintiff BMW in successful antitrust action in S.D.N.Y. and suit in Federal Republic of Germany on behalf of auto manufacturer which had terminated exclusive rights of importer. Cases settled favorably after our team defeated summary judgment motion against BMW.
Current
BMW v. Smith Co., Inc.Lead counsel for plaintiff BMW in New Jersey State Court and Federal Republic of Germany in breach of trust action on behalf of motorcycle manufacturer which had terminated exclusive rights of motorcycle importer. Cases settled favorably after our team defeated summary judgment motion against BMW.
Current
IRS v. Carol Management Inc.Lead trial counsel for real estate family company operated by Kaskel in United States Tax Court case in which we successfully defended against government’s effort to disallow any discount in valuation of real estate operating company’s entrapped capital gains. Case successfully settled, saving client scores of millions in federal estate and income taxes.
Current
IRS v. WeilerLead trial counsel for real estate family in federal income and estate tax dispute involving successful defense against government’s excessive valuation of real estate operating company assets. Case successfully settled, saving client scores of millions in federal estate and income taxes.
Current
Estate of Sylvan LawrenceLead trial counsel representing executor in New York Surrogate’s Court action for accounting brought by estate beneficiaries asserting claims exceeding $400 million based on allegations of fraud and breach of duty, and co-counsel in companion S.D.N.Y. federal securities action resulting in summary judgment in favor of executor in District Court, and affirmed by Second Circuit. Surrogate Court’s case still pending.
Current
Raytheon Corp. v. Bain CapitalLead trial counsel for defendants in AAA arbitration involving post-closing adjustments following acquisition by our client of operating company in a management-led LBO. After full trial on claims and counterclaims alleging fraud and accounting manipulation, arbitrators rendered split decisions in favor of each side, resulting in near canceling out of all claims.
Education
Columbia University
J.D.
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Columbia University
B.A.
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Websites & Blogs
Website
Website
Contact & Map
767 5th Avenue
New York, NY 10153
Telephone: (212) 310-8555
Fax: (212) 310-8887