Law Offices of Martin Eisenberg
Representative Engagements

Representative Engagements Commercial Litigation/Bankruptcy/
Creditor's Rights:
Obtained landmark unanimous 7-0 decision in NYS Court of Appeals reversing the Appellate Division establishing that a "A Trade is a Trade"-  a trade forms a binding contract of sale when the parties have reached agreement on the material terms of the trade, even if the trade is subject to the mutual execution of a formal sale agreement. Stonehill Capital et al. v Bank of the West et al

Obtained landmark  unanimous decision in Second Circuit Court of Appeals reversing  the District Court, establishing distressed debt buy side refund rights in bankruptcy claim transfer agreements. Longacre Master Fund, Ltd. v. ATS Automation Tooling Systems, Inc. 

Representation of consortium of hedge funds holding over $100 million in claims in litigated disputes arising in the Iridium Chapter 11 proceedings.

Defense of hedge fund holding $35 million in claims in adversary proceedings commenced by debtor in Enron Corp. Chapter 11 proceedings seeking to equitably subordinate claims under the Bankruptcy Code.
 
Representation of major investment firm in bankruptcy proceedings as holder of bank debt and trade claims aggregating in the amount of $40 million relating to dispute seeking disallowance and reclassification of claims including issues arising from subrogation rights under letters of credit.

Defense of family members in fraudulent conveyance action seeking to recover valuable real estate in The Hamptons, New York.

Representation of investment firms seeking to recoup purchase price paid to seller of  bankruptcy claims in the amount of $10 million for breach of claim purchase agreement.
 
Defense of principals of debtor in adversary proceedings seeking to equitably subordinate claims and recover alleged fraudulent conveyances and preferential transfers in the amount of $9 million.

Representation of stalking horse bidder in bankruptcy sale of assets and lease of major Manhattan restaurant.
 
Representative of hedge fund in bankruptcy court contested proceedings relating to purchase and ownership of bankruptcy claims in the amount of $3.5 million.
 
Representation of hedge funds with respect to objection to sale of licensing agreements in bankruptcy proceedings.
 
Representation of hedge fund in disputes relating to breach of contract to purchase employment rejection claims in the amount of $4 million.

Representative Engagements
Commercial Litigation/ General:
Representation of investment firm as plaintiff in breach of contract and fraud claims arising from $24 million aircraft sale/leaseback transaction.
 
Representation of major commercial bank in defense of action seeking $15 million in damages alleging tortuous interference claims.
 
Representation of major television studio and production company as defendant in state court litigation seeking damages in the amount of $10 million alleging bid-rigging and collusion in connection with the solicitation of production contracts for cable television network; decision granting studio’s motion to dismiss complaint published in The New York Law Journal.

Representation of major commericial bank in America Express v Visa et al. and American Express v Blackcard, LLC anti -trust litigation.

Representation of major commercial bank in defense of action seeking $4 million in damages for alleged violations of Truth in Lending Act, RESPA and RICO arising from bank's mortgage lending.

Defense of major commercial bank seeking damages in action alleging copyright infringement and breach of contract.
 
Representation of television studio in federal court litigation arising from joint venture to simulcast dog track racing throughout the United States.
 
Representation of members of newly formed law firm as defendants in action commenced by members’ previous employer seeking $20 million in damages and injunctive relief prohibiting new law firm from soliciting or doing business with employer’s alleged clients; motion denying injunctive relief published in New York Law Journal.
 
Representation of investment firms and corporations in connection with injunctive relief and damages arising from breach of restrictive covenants and confidentiality agreements.
 
Representation of investment bank at NASD arbitration arising from breach of agreement to purchase bonds.

Representative Engagements Distressed Debt: Representation of investment firms and hedge funds in the purchase and sale of domestic and foreign distressed debt and bankruptcy claims aggregating over $1 billion including syndicated bank debt and all classes of  bankruptcy claims.