David S. Rosner, Chair of the firm’s Bankruptcy Litigation and Restructuring Group, is a leading bankruptcy litigator and restructuring partner featured in Chambers USA (praised as a “fantastic negotiator and can go toe to toe with anyone” and “extremely responsive and devoted to achieving the best results”) and Benchmark Litigation. David has also been recognized as a leading bankruptcy and restructuring lawyer in The Legal 500, New York Metro Super Lawyers, and Best Lawyers.
David represents committees of distressed hedge funds, private equity funds, insurance companies, financial institutions, and holders of securities at every capital structure level in major corporate insolvencies in central roles in some of the largest, most complex bankruptcies in the United States. He has represented creditors in high profile bankruptcy and restructuring matters including Toys "R" Us, Nine West, Caesars Entertainment, Trico Marine, Tribune, LyondellBasell, LeNature’s, WorldCom, Delphi, and Northwest Airlines, among numerous others.
David has successfully litigated, argued, and won insolvency-related decisions at the First and Eleventh Circuit Courts of Appeal as well as District and Bankruptcy Courts throughout the country.
Work Highlights
- MatlinPatterson, a global asset manager, and certain principals, in securing the dismissal of $123 million breach of fiduciary duty claims brought by a minority shareholder of portfolio company DuCool. The minority shareholder had alleged that our clients, including directors and officers of DuCool, had breached their fiduciary duties in managing the company, diluting the plaintiff’s equity interest.
- Creditors of Energy Future Holdings in a trial before Judge Christopher S. Sontchi, Chief U.S. Bankruptcy Judge for the District of Delaware, in successfully defeating the proposed allocation of hundreds of millions of dollars in administrative claims asserted by subsidiary company (EFIH) creditors UMB Bank, Elliott Associates, and the Energy Future Holdings/EFIH Plan Advisory Board. The Court held for Kasowitz’s Energy Future Holdings creditors on all but $18 million of the proposed allocation.
- Cyrus Capital Management as the “fulcrum” or critical creditor constituency at the parent company Toys "R" Us in all aspects of Toys "R" Us’ pending Chapter 11 case.
- TPG and senior TPG partners in bankruptcy proceedings and multiple state and federal court actions concerning portfolio company Caesars Entertainment.
- Largest equity holder of Quorum Health in a five-day evidentiary hearing on confirmation of the debtors' Chapter 11 plan of reorganization.
- J. Crew in litigation against its Bank Agent.
- Official Creditors Committee in Trico Marine.
- Controlling Pre-LBO Bondholder-directed indenture trustee in Tribune Company.
- Subordinated Debt Class in LyondellBasell.
- Committee of CCHII holders in Charter Communications.
- Official Committee in Capmark Financial, as litigation counsel.
- Litigation Trustee in Le-Nature’s.
- Senior Secured Bank Debt Holders in Eddie Bauer.
- Subordinated Debt Holders in TOUSA.
- Equity Holders in Smurfit-Stone in successful $4 billion confirmation/valuation trial.
- MCI Senior bondholders in WorldCom earning their 80% recovery.
- Trust Preferred holders in Mirant, including winning (with the equity committee) a four-month, 27-day trial $14 billion valuation hearing.
- Successful acquirers (Southern Union, GECC) in the $2.4 billion acquisition of Enron’s pipeline companies.
- Official Creditors Committee in Refco as litigation counsel.
- Trade Committee in Delphi Corporation.
- Secured Bank Agent group in Pappas Telecommunications.
- Unofficial equity committee in Northwest Airlines
- Official Creditors Committee in GB Holdings (Sands II) in litigation against Carl Icahn and his affiliates.
- Official Creditors Committee in Polymer Technologies.
- Official Creditors Committee in Verestar in litigation against its public parent.
- Bondholder Committee in Entergy New Orleans.
- Bondholder Committee in FLAG Telecom.
- Bondholder Committee in Covad Communications leading to, as the Wall Street Journal reported, the “landmark” recovery for pre-default bondholders.
- Preferred Shareholder Committee in Innovative Communications (VITELCO).
- Debtors in Portrait Corporation of America, Questron Technology, New Valley, SLM International.
- Committees of and individual creditors, funds, financial institutions in Loral Space & Communications, Western Union, Nextwave Telecom, Parmalat, National Century Financial Enterprises, Marvel Entertainment Group, A.B. Dick Company, Globalstar, Fruit of the Loom, IT Group, Loewen Group, among many others.
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