Notable Representations

Representing CRE CDO fund CWCapital Cobalt Vr Ltd. (“Cobalt”) in lawsuit seeking more than $1 billion in damages from Cobalt’s collateral manager and certain of its affiliates for breaches of contractual and fiduciary duties related to collateral manager’s failure to monetize Cobalt’s controlling class investments in CMBS trusts, abuse of fair-value purchase options controlled by Cobalt through its CMBS investments, improper use of affiliated brokers to sell CMBS assets held by Cobalt-controlled trusts, and settlement of litigation related to Stuy Town in a manner that dramatically reduced returns on certain of Cobalt’s CMBS investments. All substantive claims survived motion to dismiss and discovery is ongoing.

Representing RMBS investor in trust instruction proceeding concerning the proper approach to calculating the call price for certain RMBS trusts, with more than $100 million in dispute. Resolution of the proceeding will have implications for tens of billions of dollars of legacy RMBS trusts where call rights are presently or imminently maturing.

Represented MBIA in two week jury trial defending against fraud claims brought by Lynn Tilton seeking over $100 million in damages.