The Firm has prosecuted and defended very large contested claims, challenged and defended plans of reorganizations and bankruptcy settlements, defended major avoidance actions, protected acquirors from challenges to bankruptcy purchases, and resolved a wide variety of other disputes.
Every bankruptcy litigation matter at S&C has access to the full resources of the Firm’s multidisciplinary Litigation Group. It is typical to see the Firm’s leading litigators take an active role in adversary proceedings in U.S. Bankruptcy Court, combining the Firm’s knowledge of bankruptcy with its broader federal litigation experience.
SELECTED REPRESENTATIONSSullivan & Cromwell’s recent bankruptcy litigation experience includes:
- Eastman Kodak, in both offensive and defensive litigation integral to its successful Chapter 11 case and global reorganization, including successful litigation to protect Kodak’s intellectual property rights.
- JPMorgan Chase, in litigation with Washington Mutual and creditors over ownership of billions of dollars in disputed assets, including obtaining summary judgment for JPMorgan Chase in a dispute with creditors over title to hybrid securities worth more than $4 billion.
- lead counsel to several of the world’s leading financial institutions, in legal challenge to the restructuring of MBIA.
- DISH Network and EchoStar, in obtaining a favorable decision following a two-week trial in an adversary proceeding commenced in litigation with LightSquared’s Chapter 11 cases asserting billions of dollars in claims.
- clients with some of the largest disputed claims in the Lehman Brothers bankruptcy, including Barclays Canary Wharf and new Meadowlands Stadium.
- Chrysler Group (New Chrysler), in the Old Carco (Chrysler) bankruptcy.
- UBS, in the largest of the proceedings commenced by Enron to avoid prepetition payments to settle equity forwards and swaps.
- Barclays, in the Enron securities class action.
- secured lenders, in the restructuring of NRG Energy.
- significant creditors, in the bankruptcy proceedings for American Airlines, Northwest Airlines and US Airways.
- New York State Department of Financial Services, in litigation relating to the liquidation of the New York agencies of two international financial institutions.