John represents debtors and creditors in complex domestic and international bankruptcy and insolvency matters, including judicial and out–of–court restructurings. He also represents banks, investors, and lenders in the structuring of debtor–in–possession (DIP) and exit financings, loan restructurings, asset sales and acquisitions, and other aspects of bankruptcy cases. John’s practice includes the representation of foreign liquidators and administrators in cross–border insolvency proceedings and chapter 15 cases.

He regularly advises clients on distressed trading and derivatives contracts, including interest rate swaps, credit default swaps, total return swaps, f/x trades, repos, and structured products, and bankruptcy issues related to the termination, valuation, and monetization of such contracts.

Prior to joining us, John served as a vice president in The Bank of New York’s Middle East, Eastern Europe, and Africa group, where he served as the New York–based client executive responsible for the bank’s Arabian Gulf relationships. Prior to that, he held various positions in the bank’s Trade Finance product management and operations groups.

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Experience

  • (Bankr. S.D.N.Y.) Mediation counsel to the Kingate Funds, BVI–based feeder funds of Bernard L. Madoff Investments Securities, Inc. (BLMIS), in the settlement of $926 million in claims brought against the Funds by the Madoff Trustee.  The settlement resulted in allowance of the Kingate Funds’ $800 million customer claim against the Madoff estate and a full 502(h) claim for transfers repaid to the BLMIS estate, which will unlock more than $400 million in value for the Kingate Funds’ investors.

  • U.S. counsel to the joint official liquidators of three Cayman Islands investment funds in dual cross–border proceedings in the Cayman Islands and the United States, including the liquidation of the funds’ assets and investigation into potential fraudulent transactions and mismanagement by the former managers and directors of the funds.

  • (Bankr. S.D.N.Y.)  Counsel to a former investor of Fairfield Sentry in defending against claims brought by the BVI–based liquidators of Fairfield Sentry to claw back redemption payments under common law and BVI law.

  • U.S. counsel to the purchaser of a Chinese–regulated entity owned by a Hong Kong holding company in receivership.

  • (Bankr. S.D.Tex) Counsel to the ad hoc group of second–lien bondholders in the negotiation and implementation of a restructuring support agreement in Vanguard’s chapter 11 bankruptcy case.

  • (Bankr. S.D.N.Y.) Counsel to Louis J. Freeh, former Federal Judge and former Director of the Federal Bureau of Investigation, as chapter 11 Trustee for MF Global in its chapter 11 bankruptcy proceeding. With $41 billion in assets at the time of filing, MF Global was the largest bankruptcy filing of 2011 and the eighth largest in U.S. history. This case involves a wind–down of an extremely complex global operation and the realization of value from various entities in the MF Global Group, many of which are in their own administration or liquidation proceedings domestically and internationally.

  • (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of FGIC Corporation in its chapter 11 bankruptcy case. FGIC had guaranteed more than $300 billion of municipal and structured finance debt before the 2007 credit crisis.

  • Counsel to two of the largest banks in Iceland on issues related to securities matters, restructuring of assets, cross–border conflicts of law, and litigation matters, as well as providing advice related to the global settlement of claims. In addition, MoFo worked with the Icelandic banks to harmonize their winding–up procedures with those of the United States, the European Union, and Canada.

  • Counsel to Sumitomo Corporation in the Apex Silver Mines Limited chapter 11 case as pre–petition secured lender, DIP lender, and acquirer (from Apex’s non–debtor subsidiaries) of Minera San Cristobal, the largest silver, zinc, and lead mine in Bolivia.

  • (Bankr. N.D. Ill./7th Cir./S. Ct.) Counsel to Amalgamated Bank (as trustee for itself) and U.S. Bank National Association as secured lenders in two separate but related chapter 11 bankruptcy proceedings, where the debtors operate the Radisson Hotel at the Los Angeles International Airport and the InterContinental Hotel Chicago O’Hare. We successfully defended the debtors’ unusual direct appeal to the Seventh Circuit Court of Appeals of the Bankruptcy Court’s orders ruling that the debtors could not confirm a plan of reorganization selling the hotels free and clear of liens but denying the secured creditor clients the right to credit bid at such a sale. The Seventh Circuit’s ruling created a split between the Seventh Circuit and the Third Circuit’s Philadelphia Newspapers opinion on the issue. The day after the Seventh Circuit affirmed the credit bidding decision, the bankruptcy court confirmed the secured creditor client’s plan of reorganization in the River Road cases, under which ownership of the hotel and related assets was transferred to the creditors’ control, thus effectively ending the River Road cases. The Supreme Court subsequently affirmed the Seventh Circuit’s ruling in RadLAX.

  • Representation of the liquidators of several hedge funds that invested directly or indirectly in BMIS in proceedings in the United States, Cayman, BVI and Europe.

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