Adam M. Lavine photo
Adam M. Lavine
Lawyer
New York
800 Third Avenue
New York, New York 10022
+1 212 488 1279
adam.lavine@kobrekim.com

Adam Lavine represents debtors, creditors, board members, and other stakeholders in insolvency-related disputes and investigations, often serving as special litigation counsel to participants in Chapter 11 proceedings. Mr. Lavine also advises clients on the monetization and pursuit of high-value claims against principals and stakeholders in distressed situations, particularly in cases involving fraud, misconduct or asset concealment.

Mr. Lavine's insolvency and restructuring experience spreads across a number of industries, including financial services, technology, energy, retail, real estate and pharmaceuticals.

Before joining Kobre & Kim, he practiced in Weil, Gotshal & Manges LLP's restructuring group.

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York

Education

  • New York University School of Law, JD
  • University of Pennsylvania, BA

Accolades

  • New York State Bar Association's, President's Pro Bono Service Award (2012)

Select Engagements

Insolvency Disputes and Investigations

Mr. Lavine represents a variety of stakeholders in complex investigations involving distressed companies and in bankruptcy-related litigation.

  • Representation of the Special Committee of Independent Directors of a distressed IT services provider. The pre-bankruptcy investigation assessed the propriety of anticipated releases to various parties in connection with a Chapter 11 plan as well as the strengths and weaknesses of potential claims for fraudulent transfer, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, unjust enrichment, equitable subordination, and illegal dividends to the company’s private equity sponsors.
  • Representation of a Chapter 11 debtor’s ultimate beneficial owner to engage with a court-appointed Examiner. The Examiner was appointed to investigate our client’s role in the debtor’s allegedly fraudulent activity in India and the U.S., as well as the existence of potential claims for fraudulent transfer and breach of fiduciary duty.
  • Service as independent investigator to the Special Investigation Committee of the Financial Oversight and Management Board for Puerto Rico to perform a comprehensive review of the factors contributing to Puerto Rico's fiscal crisis, under the Puerto Rico Oversight, Management and Economic Stability Act of 2016 (“PROMESA”).
  • Representation of the unsecured creditors committee in the SunEdison bankruptcy in the U.S. Bankruptcy Court for the Southern District of New York, in adversary proceedings against first- and second-lien noteholders.
  • Representation of certain Swiss banks in defense of multiple fraudulent transfer actions and related appeals arising from the SIPA liquidation of Bernard L. Madoff Investment Securities LLC and the chapter 15 cases of certain Madoff feeder funds.
  • Representation of the Liquidating Trust of Petters Company Inc., in multiple fraudulent transfer cases seeking the return of over $300 million in “false profits” received by various hedge funds and investment managers from the Petters Ponzi scheme.
  • Representation of a retail company in its Chapter 11 case, including a court challenge to the proposed debtor-in-possession financing and litigation concerning various lender liability issues.
  • Defense of Lehman Brothers Holdings Inc. in its Chapter 11 case against hundreds of claims filed by former brokerage customers that totaled US $20 billion+ and a US $1.2 billion avoidance action claim asserted by Freddie Mac.
  • Representation of a global technology company, as the largest creditor in an electronics company's Chapter 11 case, including obtaining a global settlement agreement that resolved disputes related to a US $1.2 billion failed investment.v
  • Representation of a grocery chain in its Chapter 11 case, including in the successful defense against numerous court challenges to the grocer's sale of substantially all of its assets.

Financial Products & Services Litigation

Mr. Lavine represents purchasers and sellers of distressed debt and other assets in complex, cross-border litigation, with a particular emphasis on transactions involving private equity companies and hedge funds.

  • Representation of former owner of oil and gas company in an application under 28 U.S.C. 1782 before the Connecticut District Court, seeking U.S. discovery in support of a US $210 million lawsuit in Scotland against the private equity firm that acquired the oil and gas company for loss and damage running into several hundred million dollars.
  • Representation of subsidiaries of Education Management in the Southern District of New York against creditors seeking to hold the subsidiaries liable, based on a theory of successor liability arising out of a restructuring, over notes issued by two other subsidiaries.
  • Representation of a Korean investment manager on disputes arising out of investment vehicles with over US $200 million in exposure, in the context of various distressed FinTech companies and real estate investment vehicles in the U.S., including Direct Lending Investments, a registered investment advisor subject to SEC Receivership.
  • Representation of a pharmaceutical company in its US $495 million acquisition of a distressed medical company, including successfully defending against a litigation brought by a group of the medical company's shareholders that sought to unwind the transaction after it had closed.

Professional & Community Involvement

  • International Insolvency Institute, NextGen Leadership Program, Member
  • Legal Services NYC, Pro Bono Associate Advisory Board, Member
  • New York City Bar Association, Member

Publications & Presentations

  • Author, "Bankruptcy Court Weighs in on Delaware's Prohibition on Deepening Insolvency Claims and Claims Against Directors Based on Relationship with Majority Shareholder" (LexisNexis Emerging Issues Analysis, 2016)
  • Speaker, "Bankruptcy, Restructuring and Workouts" (17th Annual Commercial Real Estate Institute, Practicing Law Institute, New York, December 2015)
  • Author, "Confirm Now, Transfer Later: A Solution To Venue Problem" (Law360, August 2012)
  • Co-Author, "CDOs: Bankruptcy-Remote, Not Bankruptcy-Proof" (Corporate Counsel, American Bar Association Section of Litigation, June 2012)

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