Joshua Greenblatt, P.C.

Josh’s current and former representations include:

• J. Crew Group in defeating expedited challenges by senior term lenders seeking to block complex “liability management” transactions involving J. Crew’s intellectual property and defending remaining litigation in New York state court asserting breach of governing credit agreements and intentional fraudulent conveyance.  In 2019, Josh argued and won a favorable appellate court decision confirming complete dismissal of plaintiffs’ fraudulent conveyance claim based on standing-related provisions in the underlying credit agreement; the first decision of its kind.

• Acosta, Inc., a multinational sales and marketing company, in its prepackaged restructuring of $3 billion of indebtedness and in related litigation proceedings. Acosta won confirmation in 2019, just 15 days after its bankruptcy filing. At the time, it was the fastest Delaware bankruptcy for a case of its size.

• Neiman Marcus Group, and a number of its affiliated entities, in litigation in Texas and New York arising out of the dividend of its international online business to its private equity sponsors. In 2019, won full dismissal of plaintiffs’ claims for lack of subject matter jurisdiction and defeated plaintiffs’ motion to dismiss NMG’s defamation counterclaims in the Texas case.

• PBF I Holdings Ltd., an affiliate of Pegasus Partners V, L.P. in breach of contract litigation arising out of the 2018 sale of Pure Biofuels, the third largest fuels importer in Peru, to Valero Peru and its parent corporation, Valero Energy Corporation.

• Kindred Healthcare, and its private-equity owners, in injunctive proceedings and shareholder litigation seeking appraisal in the Delaware Chancery Court following its take‑private by a consortium of private equity and strategic purchasers.

• TPG Parish Holdings, LP, owner of an interest in UTC Laboratories, LLC, in a breach of contract action brought by former UTC employees that alleged they were entitled to various payments from UTC. The parties reached a settlement in 2019.

• American Tire Distributors (ATD), the largest replacement tire distributor in North America, and certain of its affiliates in their Chapter 11 cases and in related litigation proceedings. ATD’s Chapter 11 plan was confirmed in 2018.

• Sungard AS Capital, Inc. and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court of the Southern District of New York—the fastest Chapter 11 case in history. Sungard AS obtained confirmation in less than 19 hours on May 2, 2019. In addition, Sungard AS emerged from Chapter 11 faster than any company in history—staying in Chapter 11 for less than 48 hours. Sungard AS, a provider of availability and recovery services, had approximately $1.26 billion in funded debt at the commencement of its chapter 11 cases and deleveraged by over $900 million upon emergence.

• TPG Capital, one of the world’s largest private equity firms, and senior TPG partners, in bankruptcy proceedings and multiple state and federal court actions concerning the restructuring of Caesars Entertainment, a TPG portfolio company. Claims at issue include alleged fraudulent transfers, breaches of governing indentures, and breaches of fiduciary duty in connection with controversial and complex transactions undertaken prior to the bankruptcy filing of Caesars’ operating subsidiary.

• M&G Chemicals Brasil and its private equity affiliates in restructuring proceedings, including adversary proceeding seeking imposition of a constructive trust over cash proceeds from sales of chemical resins consigned to debtor at time of Chapter 11 filing.

• Global A&T Electronics (“GATE”) a Singapore-based semiconductor company, in defending claims by first lien noteholders seeking to unwind GATE’s $502 million debt exchange based on alleged breaches of the governing indenture and intercreditor agreements.

• MBIA, one of the world’s largest monoline insurers, in state and federal litigation seeking to overturn MBIA’s corporate restructuring which, with the approval of New York’s Department of Financial Services, established a separate company for MBIA’s municipal bond insurance business.  Secured a New York Supreme Court ruling in favor of MBIA after a four-week evidentiary proceeding upholding MBIA’s restructuring. The banks agreed to drop their challenge and MBIA then received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.

• A major private equity firm pursuing and defending litigation against a former employee and purported Dodd Frank whistleblower and in a related regulatory inquiry.

• The Renco Group, a mining and metal recovery holding company, in defending thousands of individual suits brought by Peruvian plaintiffs, including by developing and asserting defenses based on the doctrine of international comity and Peru’s assertions of sovereignty.

• Multiple senior bank executives and traders in SEC, SIGTARP and DOJ investigations, and related FINRA proceedings, concerning bond pricing and trading practices.

• Freescale Semiconductor, in an expedited state court litigation with senior term lenders challenging Freescale’s issuance of $1 billion of incremental term loans as barred by an occurrence of a Material Adverse Effect.

• Apollo Management and its portfolio company, Hexion Specialty Chemicals, in expedited proceedings in New York state court arising from claims of Material Adverse Effect in Hexion’s proposed merger with Huntsman Chemical.

• The Federal Housing Finance Agency (“FHFA”), as conservator for Fannie Mae and Freddie Mac, in actions in federal and state courts against numerous financial institutions arising out of defendants’ misrepresentations concerning residential mortgage-backed securities sold to Fannie Mae and Freddie Mac.

• Several international real estate development and tourism companies in litigation with bank lenders seeking to accelerate note obligations in excess of $300 million.

• Multiple hedge funds and investment firms in affirmative and defensive litigation concerning Revenue Sharing Agreements with seed funders and profit sharing with strategic investment partners.

• Interstate Bakeries Corporation in actions against against lenders balking on commitments to provide financing necessary for the company’s exit from Chapter 11 bankruptcy.

• Purolite, a U.S.-based specialty chemical manufacturer, in litigation over trade secret misappropriation by a large international competitor based in India.

Kasowitz Benson Torres LLP