1633 Broadway
New York, NY 10019

212 506 1726

Local Litigation Star

National Practice Area Star

Practice areas:

Dispute resolution

David S. Rosner, Chair of the firm’s Bankruptcy Litigation and Restructuring Group, is a leading bankruptcy litigator and restructuring partner featured in Chambers USA (praised as a “really good, effective and creative lawyer” and “terrifically capable and effective”) and Benchmark Litigation. David has also been recognized as a leading bankruptcy and restructuring lawyer in New York Metro Super Lawyers, The Best Lawyers in America and The Legal 500.

David represents committees of distressed hedge funds, private equity funds, insurance companies, financial institutions, and holders of securities at every capital structure level in major corporate insolvencies in central roles in some of the largest, most complex bankruptcies in the United States. He has represented creditors in high profile bankruptcy and restructuring matters including Toys “R” Us, Nine West, Caesars Entertainment, Trico Marine, Tribune, LyondellBasell, LeNature’s, WorldCom, Delphi, and Northwest Airlines, among numerous others. 

David has successfully litigated, argued, and won insolvency-related decisions at the First and Eleventh Circuit Courts of Appeal as well as District and Bankruptcy Courts throughout the country.

Work highlights:

  • Matlin Patterson, a global asset manager, and certain principals, in securing the dismissal of $123 million breach of fiduciary duty claims brought by a minority shareholder of portfolio company DuCool.
  • Cyrus Capital Management as the “fulcrum” or critical creditor constituency at the parent company Toys “R” Us in all aspects of Toys “R” Us’ pending Chapter 11 case.
  • TPG and senior TPG partners in bankruptcy proceedings and multiple state and federal court actions concerning portfolio company Caesars Entertainment.
  • J. Crew in litigation against its Bank Agent.
  • Official Creditors Committee in Trico Marine.
  • Controlling Pre-LBO Bondholder-directed indenture trustee in Tribune Company.
  • Subordinated Debt Class in LyondellBasell.
  • Committee of CCHII holders in Charter Communications.
  • Official Committee in Capmark Financial, as litigation counsel.
  • Litigation Trustee in Le-Nature’s.
  • Senior Secured Bank Debt Holders in Eddie Bauer.
  • Subordinated Debt Holders in TOUSA.
  • Equity Holders in Smurfit-Stone in successful $4 billion confirmation/valuation trial.
  • MCI Senior bondholders in WorldCom earning their 80% recovery.

Last updated September 2019