Michelle Genet Bernstein’s practice focuses on complex commercial and civil litigation in federal and state courts. Michelle represents corporations and individuals in actions involving a wide variety of issues including real estate, hospitality, securities, contract disputes, business disputes, and bankruptcy matters.
- MBIA in a long-running put-back action against Credit Suisse in which MBIA is seeking to recover over $750 million related to RMBS insured by MBIA. After a two-week bench trial in New York State Supreme Court, the court found that MBIA had convincingly proved that Credit Suisse breached its representations and warranties, and is liable for damages expected to amount to over even the $680 million Credit Suisse has acknowledged.
- DLJ Real Estate Capital Partners in securing summary judgment in an air rights and zoning dispute. The New York State Supreme Court dismissed all claims against affiliates of DLJ, the owners of the Eventi Hotel in Manhattan, asserted by neighboring property owner Harmit Realties. The court found that because the Department of Buildings had determined that the Eventi property complies with the New York City Zoning Resolution, DLJ had not breached the parties’ contract concerning the purchase and sale of air rights, and indicated that Harmit, by initiating a Department of Buildings audit of the hotel, may have violated its contractual good faith obligations.
- TPG, one of the world’s largest private equity firms, in litigation related to a Greek telecommunications company.
- An international hotel company in successfully obtaining significant preliminary injunctions arising from contract disputes with hotel owners.
- The Ad Hoc Committee of Term Loan Lenders in General Motors $1.5 billion avoidance action.
- Lenders in foreclosing on over $300 million of loans secured by the Alex Hotel and Flatotel, obtaining judgment of foreclosure on both properties and on tens of millions of dollars in personal guaranties.