Edward E. Filusch’s practice focuses on complex commercial litigation in state and federal courts, as well as in arbitration. Ed represents public and private companies, private equity and other investment firms, partnerships, and individuals in industries including financial services, structured products, real estate, insurance, and manufacturing.
Ed has been recognized by Benchmark Litigation as a Future Star and on its 40 & Under List, by Lawdragon as a Leading Plaintiff Financial Lawyer in America, and by Super Lawyers as a Rising Star.
Work Highlights:
MBIA in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA. After a two-week bench trial in New York State Supreme Court, the court found that MBIA had convincingly proved that Credit Suisse breached its representations and warranties, and that Credit Suisse was liable for over $600 million in damages.
Cascade Funding, LP-Series 6, an affiliate of asset manager Waterfall Asset Management, in securing summary judgment on Cascade’s breach of contract claim against The Bancorp Bank relating to Cascade’s valid exercise of a “market out” clause in connection with the purchase of a pool of $900 million in mortgage loan assets for securitization in a CRE CLO.
Investment vehicles associated with Carl Icahn, one of Wall Street’s most successful investors and activists, in a case in Nevada state court against Rialto Capital Advisors for breach of contract and fraud in connection with Rialto’s servicing of a commercial mortgage-backed securities (CMBS) trust secured by the Prizm Outlets mall in Primm, Nevada, which resulted in a loss of almost $73 million, plus almost $13 million in fees, the largest loss on a CMBS conduit loan since the 2008 financial crisis.
Brought in as principal trial counsel for a leading surplus lines insurance company. Instrumental in helping the insurer successfully resolve its years-long litigation with a utility company insured concerning hundreds of millions of dollars in coal ash cleanup costs sought pursuant to decades-old liability policies.
A leading international insurance company in an international arbitration governed by The Danish Institute of Arbitration rules of arbitration procedure concerning a nine-figure coverage dispute under a professional indemnity insurance policy.
San Felasco Nurseries, a licensed medical marijuana company now part of international cannabis company Harvest Health and Recreation, in a series of legal battles with its Colorado-based franchisor. After defeating the franchisor’s attempts to obtain emergency injunctions at hearings held before the American Arbitration Association and the District Court of Denver, Colorado, the Colorado court dismissed the franchisor’s underlying action against SFN in its entirety and awarded SFN attorneys’ fees. The Colorado Court of Appeals unanimously affirmed the trial court’s decision in its entirety.
Updated Oct 2023
