Press Release

Accomplished Bankruptcy Litigator Theresa Foudy Joins Morrison & Foerster's Leading Business Restructuring + Insolvency Group

Addition of industry-recognized bankruptcy litigator further strengthens the firm’s preeminent Business Restructuring + Insolvency practice and broader litigation capabilities; arrival also underscores the continued expansion of the firm’s New York office

05 Oct 2020

NEW YORK (October 5, 2020) – Morrison & Foerster, a leading global law firm, is pleased to announce that Theresa Foudy has joined the firm as a partner in its Business Restructuring + Insolvency Group (BRIG) in New York. Recognized as one of the leading bankruptcy litigators in the United States, Ms. Foudy’s arrival further reinforces the firm’s market-leading BRIG practice and further expands the firm’s premier litigation capabilities. Further, the addition of Ms. Foudy underscores the continued expansion of Morrison & Foerster’s New York office. She is the sixth partner to join the office since the start of the year, following in the footsteps of David Fertig, Haima Marlier, Mitchell Presser, Leonora Shalet, and Omar Pringle.

Over her more than 25-year career, Ms. Foudy has worked on many of the United States’ largest and most complex bankruptcy cases, including serving as lead trial counsel in several of the most prominent bankruptcy matters of the last decade. Ms. Foudy has represented Chapter 11 debtors, creditors’ committees, indenture trustees, secured and unsecured creditors, private equity sponsors, independent directors, and distressed investors through all stages of bankruptcy litigation. She has advised clients on all types of bankruptcy-related disputes, including suits by or against a bankrupt company, investigations into what led to a bankruptcy filing, avoidance actions, and litigation over whether a plan of reorganization should be confirmed.

“We are thrilled to welcome Theresa to our BRIG practice in New York,” said Jennifer Marines, global co-chair of Morrison & Foerster’s Business Restructuring + Insolvency Group. “Theresa is a well-known and highly accomplished restructuring lawyer who has significant experience with bankruptcy courts across the U.S. Her deep understanding of what motivates players in restructurings, along with her impressive litigation skills, will greatly benefit our clients.”

“Not only has Theresa successfully litigated some of the most notable and high-stakes bankruptcy matters in recent history, she is also a fantastic team player,” added BRIG global co-chair Lorenzo Marinuzzi. “There is no doubt she will be a great fit for our collaborative culture.”

Ms. Foudy’s representative high-profile matters include: serving as lead trial counsel for defendants (wholly owned subsidiaries of a multinational commodity trading and mining company) in a four-day bench trial, over the rejection of a lease to a power plant in an adversary proceeding before the U.S. Bankruptcy Court for the Southern District of Texas; serving as lead trial counsel for defendant directors in a 15-day bench trial on a creditors’ committee’s motion for standing to assert claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty in connection with the directors’ approval of a merger transaction and, after prevailing in the U.S. Bankruptcy Court for the Southern District of New York, handling the successful defense of subsequent appeals by the creditors’ committee to the District Court and U.S. Court of Appeals for the Second Circuit; and providing conflicts counsel for a plaintiff Chapter 11 debtor, including participating in all aspects of litigation and a trial of adversary proceeding against junior secured noteholders, arguing motion to dismiss counterclaims, and cross-examining a witness at trial in the U.S. Bankruptcy Court for the Southern District of New York.

“I’ve had the opportunity to work alongside several MoFo lawyers in previous bankruptcy matters where our paths have crossed, and I have witnessed firsthand how talented, high performing, and committed this team is,” said Ms. Foudy. “I could not be more excited to join a premier firm like Morrison & Foerster and work with my new colleagues to help our clients tackle their most sophisticated bankruptcy-related matters.”

Over the span of her 25-year career, Ms. Foudy has been widely recognized for her exceptional bankruptcy litigation skills, including in The Legal 500 and Super Lawyers.

Ms. Foudy earned her J.D. from New York University School of Law and her B.A. from Binghamton University.

She is admitted to practice in New York and is a member of the New York State Bar Association and the New York State Women’s Bar Association.

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