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Business Litigation and Bankruptcy Practice:
Business Litigation: State and federal court litigation: securities fraud, partners’ and shareholders’ disputes, construction projects, deceptive trade practices, lender liability, judicial foreclosures, negotiable instruments, contracts, age and sex discrimination, wrongful termination and fraud and other business and property torts; appeals to U.S. District Courts for Southern District of Texas and Eastern District of Virginia, and Courts of Appeals for the Fourth and Fifth Circuits. Mediations and formal arbitrations of disputes.
Secured Creditor and Debtor Representation: Loan restructures, comprehensive pre-bankruptcy analyses and strategy, debtor-in-possession financing, cramdown plans, creditor plans, tax-advantaged mergers, acquisitions and divestitures, sales of assets, structured acquisition and development financing, use of cash collateral, assumption and rejection of executory contracts and unexpired leases. Secured lenders represented in bankruptcy, workout and business reorganization matters: Bank One, Chevy Chase Savings Bank, F.S.B., Crossland Savings F.S.B., First Union National Bank, The Manhattan Savings Bank, The Prudential Insurance Company of North America, and The Riggs National Bank of Washington, D.C.
Noteworthy Cases:
Sale of assets and restructuring of debts of oil services company, Petroleum Industry Inspectors, Inc., restructuring of guarantors’ obligations, Houston, Texas, 2002-2003.
Counsel to plaintiff in employment litigation in the United States and the Netherlands, Richard A. Johnson, et al. v. Jomed N.V., Netherlands, et al., No. H-02-4876, United States District Court, Southern District of Texas; and Rechtbank Amsterdam, Sector Kanton, Locatie Amsterdam, 2002-2003.
Counsel to Plaintiff in large securities fraud litigation, Philip Gamble v. Hamilton Lewis Capital Management, Inc., No. 2001-64060, 80th District Court, Harris County, Texas, 2001-2003.
Counsel to the general partner of the debtor in In re Plaza 1-A Associates Limited Partnership, 1995-1996, a Virginia bankruptcy case in which the general partner was instrumental in confirming a cramdown plan of reorganization with a 27 year term.
Counsel to both the debtor in In re J.H. Acquisition Corporation, District of Vermont, 1994-1995, and its subsidiary, Capital City Press Company, a $25 million per year printing company; successfully confirmed a plan of reorganization merging the two corporations and restructuring the debt of the two entities.
Chapter 7 Trustee representation in large oil and gas bankruptcy, In re Topco, Southern District of Texas, 1987-1992: sale of producing properties; suit by sole shareholder for fraud and unjust enrichment; suit to rescind sale of producing properties, River Production Co., Inc. v. Jack Webb, Trustee, 894 F.2d 727 (5th Cir. 1990).
Counsel to title insurer in largest title insurance fraud claim in U.S. history, In re J.R. McConnell, Southern District of Texas, 1987-1992; extensive fraud and RICO litigation in federal court concerning attempts to defraud title company.
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