Andrew W. Breland’s practice focuses on complex commercial litigation, including structured finance and complex financial products litigation in both state and federal court. He has represented investment firms, corporations, and individuals in actions involving contract disputes, securities fraud claims, white collar criminal defense and real estate matters.
Andrew also devotes time to pro bono work, representing individuals with developmental disabilities in actions under the Individuals with Disabilities Education Act, Americans with Disabilities Act, Medicaid Act and other federal civil rights statutes.
Andrew clerked for The Honorable Mary Kay Vyskocil of the U.S. District Court for the Southern District of New York.
- A group of noteholders in the multi-billion dollar National Collegiate Student Loan Trusts, including Angelo Gordon, Waterfall Asset Management, One William Street Capital Management, and Libremax Capital, in litigations nationwide concerning the management and control of the Trusts, and as interested parties in CFPB enforcement proceedings against the Trusts.
- Investment vehicles associated with Carl Icahn, one of Wall Street’s most successful investors and activists, in a case in Nevada state court against Rialto Capital Advisors for breach of contract and fraud in connection with Rialto’s servicing of a commercial mortgage-backed securities (CMBS) trust secured by the Prizm Outlets mall in Primm, Nevada, which resulted in a loss of almost $73 million, plus almost $13 million in fees, the largest loss on a CMBS conduit loan since the 2008 financial crisis. Kasowitz successfully defeated Rialto’s motion to dismiss on all counts alleged in the complaint, and the case is proceeding with discovery.
- Valeant Pharmaceuticals Opt-Out Litigation, on behalf of several mutual funds, a public pension plan, and other institutional investors, pursuing direct securities fraud claims, arising from Valeant’s improper accounting and billions of dollars of fraud-related losses.
- Astra Asset Management, a London-based asset manager, in a trust instruction proceeding against Goldman Sachs involving Astra’s investment in an Abacus CDO sponsored by Goldman Sachs. Astra, which was seeking to require the distribution of $55 million in collateral appreciation to investors, rather than to Goldman, won two dispositive motions; Goldman Sachs settled with Astra on the eve of trial.
- Taconic Capital Partners in proceedings concerning its rights as the controlling certificateholder with respect to the special servicer’s proposed sale of a $90 million commercial loan out of a CMBS trust.