Bingham

Bingham

Andrew J. Gallo

Partner

Andrew Gallo is a partner in the Financial Restructuring Group and focuses his practice on complex commercial litigation and bankruptcy with an emphasis on the representation of financial institutions. Andrew is an accomplished litigator and bankruptcy lawyer who has represented numerous creditors and parties in interest in complex bankruptcy cases throughout the country, including several cross-border bankruptcy matters. Andrew has experience representing, among others, secured lenders, creditors’ committees, sureties, debtor-in-possession lenders and bidders with respect to 363 sales. Andrew also has extensive experience litigating complex commercial cases in state courts, federal district courts, bankruptcy courts and arbitrations.

The bankruptcy cases in which Andrew has represented creditors with significant interests include LightSquared, ATP Oil and Gas, Pizzeria Uno, Spansion, BearingPoint, Land America, WorldSpace, SemCrude, Mattress Discounters, Bombay Furniture, Steve & Barry’s, New Century Financial, American Home, Mirant, Adelphia, Enron, Kmart, Republic Steel, NEG and The Washington Group. He also represents clients in complex commercial litigations outside of the bankruptcy context, in areas such as project finance, lender liability, franchise cases and contract disputes. He has worked on appellate cases before the United States Supreme Court, First, Second, Third, Seventh and Ninth Circuits.

Andrew is one of two partners who run the Bingham’s training programs for litigation associates.

Prior to joining Bingham, Andrew was a law clerk for the Hon. Sidney H. Stein, United States District Court for the Southern District of New York.

Experience

REPRESENTATIVE BANKRUPTCY MATTERS

  • Served as lead litigation counsel for a group of senior-secured first lien and DIP lenders in the bankruptcy case of ATP Oil & Gas Corporation, filed in the Southern District of Texas in August 2012, including in connection with their successful credit bid in the case
  • Represented creditors and potential debtor-in-possession lenders in the LightSquared bankruptcy case filed in the Southern District of New York in May 2012
  • Lead counsel for Joint Trustees in a Hong Kong bankruptcy matter in connection with a Chapter 15 filing in the Bankruptcy Court for the District of Massachusetts. In this case the Trustees obtained a favorable ruling on an issue of first impression regarding the turnover of U.S. assets to a foreign representative.
  • Represented the Official Committee of Unsecured Creditors in BearingPoint and Land America, and the Liquidating Trustees in the BearingPoint and Immunicon bankruptcy cases pending in New York and Delaware, respectively
  • Represented a group of Japanese secured lenders in connection with cross-border insolvency proceedings of Spansion Japan Limited, a semiconductor manufacturer located in Japan
  • Served as lead litigation counsel for a loan purchase counterparty in a week-long trial in Delaware Bankruptcy Court relating to the sale of American Home Mortgage Company’s servicing business
  • Served as lead litigation counsel for a secured creditor in the SemCrude bankruptcy cases with respect to obtaining a temporary restraining order relating to issues concerning control of a Delaware LLC
  • Represents debtor-in-possession and exit financing lenders in bankruptcy cases throughout the country including Bombay Furniture (Texas), Mattress Discounters (Maryland), Havens Steel (Missouri), Holley Performance Products (Delaware), Republic Steel (Ohio), WorldSpace (Delaware), Eateries Holdings (Oklahoma), Pizzeria Uno (New York)
  • Represents bidders in asset sales pursuant to section 363 of the Bankruptcy Code including bidders in the bankruptcy cases of ATP Oil and Gas (Texas), Nutritional Sourcing Corporation (Delaware), Proton Energy Systems (Delaware) and Protected Vehicles Inc. (South Carolina)
  • Successfully represented the indenture trustee in a recharacterization dispute over leases with a value of $1.5 billion in the Mirant bankruptcy case
  • Represented the counterparty to a repurchase agreement with New Century Financial Corporation in the pursuit and settlement of its claims in the New Century bankruptcy proceeding

REPRESENTATIVE LITIGATION MATTERS

  • Successfully defended Boston law firm in a month-long jury trial in Suffolk Superior Court in June 2012 against legal malpractice claims seeking in excess of $40 million in damages
  • Defended national banking institution in Massachusetts state court in multi-million dollar lawsuit asserting securities law violations relating to the sup-prime mortgage crisis. In the case, Andrew briefed and argued the motion pursuant to which the client obtained an order approving the use of predictive coding in connection with its document production.
  • Serves as lead litigation counsel to Bennu Oil & Gas in multiple pieces of litigation filed in 2013 and 2014 in Houston, Texas, arising out of the ATP Oil & Gas bankruptcy case including claims for recharacterization, construction warranty and establishment of the amount of statutory liens
  • Successfully defended a client in a two-week arbitration in which more than $200 million in damages were sought for alleged breaches of buyout provisions in a limited partnership agreement
  • Obtained a $275 million settlement after commencement of arbitration in a case involving a dispute over the interpretation of a tolling agreement relating to an electric power plant
  • Successfully defended a medical imaging company against breach of contract and unfair business practice claims in a trial in federal district court

Publications

Memberships

  • American Bar Association
  • Massachusetts Bar Association

Awards & Honors

  • Chambers USA, Bankruptcy/Restructuring (2014)
  • IFLR1000, Rising Star, Restructuring and Insolvency (2014)
  • Super Lawyers, Massachusetts Rising Stars (2007–2013)
  • Turnarounds & Workouts, Outstanding Young Restructuring Lawyer (2010)

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