Recent Bankruptcy Engagements

• Co-trial counsel in Tronox v. Anadarko (2012)
• Prevailed for ING Funds in Second Circuit settlement payment case (June 2011) (see below)
• State Street Bank and Trust Co. in In re Lehman Brothers Holdings Inc. (Bankr. S.D.N.Y. 2011)
• Bank of America in appeal of Lehman Brothers setoff judgment (2010–2011)
• Mass Mutual in Madoff trustee avoidance litigation (2011)
• Previti parties defending deepening insolvency claims in Empire Land cases (2010–2011)
• Creditors’ committee and litigation trustee in BearingPoint (2009–2011)
• Term lenders in Visteon (2009–2010)
• Creditors’ committee in In re Sea Containers, Ltd. (Bankr. D. Del. 2008) (litigation concerning U.K. pension claims)
• Trustee in In re Refco Capital Markets (Bankr. S.D.N.Y.) (numerous matters)
• U.S. Bank as indenture trustee for $1.2 billion in noteholders in successfully resisting recharacterization of a leveraged lease in In re Mirant Corp (Bankr. N.D. Texas)
• ING in Enron commercial paper litigation
• Citigroup Global Markets in deepening insolvency litigation in Litigation Trustee v. Citibank N.A. et al. (In re Metromedia Fiber Networks, Inc.) (Bankr. S.D.N.Y.)
• Fleet Bank in plan litigation in In re Republic Steel (Bankr. S.D. Ohio)
• Raytheon Company in disputes involving in excess of $1 billion in In re Washington Group (Bankr. D. Nevada)

Federal Jury Trials

• Jury verdict for plaintiff in Bero v. Illinois Tool Works (D. Mass.)
• Jury verdict for defendant in Zuker v. General Electric Capital Corp. (D. Mass.)

Circuit Cases

• Represented Appellee as lead counsel in Alfa, SAB v. Enron Creditors Recovery Corp., 2011 WL 2536101 (2nd Cir. 2011), establishing settlement payment defense for commercial paper redemptions
• Obtained summary judgment for a major law firm sued by post-bankruptcy litigation trustee in Gray v. Evercore Restructuring L.L.C., 544 F.3d 320 (1st Cir. 2008), and for CFO in related case
• Represented Fleet National Bank in obtaining reversal of an adverse bankruptcy judgment in Fleet National Bank v. Gray (In re Bankvest Capital Corp.), 375 F.3d 51 (1st Cir. 2004)
• Represented Concourse Holding Co., the prevailing party on appeal in In re NTA, LLC, 380 F.3d 523 (1st Cir. 2004)

Other Work

• Led the Bingham team that won landmark victories in its representation of Guantanamo prisoners; won the first-ever review of a Guantanamo prisoner’s case under the Detainee Treatment Act in the unanimous decision of Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008)
• In the first-ever merits review of Guantanamo habeas cases, obtained the first-ever habeas judgment, ordering prisoners’ immediate release into the United States, Kiyemba v. Bush, 581 F.Supp. 2d 33 (D.D.C. 2008), rev’d sub nom; Kiyemba v. Obama, 555 F.3d 1022 (D.C. Cir.), cert. granted, 559 U.S. __ (2009), vacated and remanded, 559 U.S. __ (2010)
• Appellate counsel in U.S. v. Mehanna (1st Cir. 2013)