Yonah primarily represents plaintiffs in complex financial litigation, with substantial experience litigating in the context of bankruptcy and insolvency proceedings. He has represented plaintiffs, defendants, bankruptcy trustees, liquidators, and creditors in a variety of matters in state and federal courts, including professional malpractice actions, claims against fiduciaries, business tort matters, shareholder derivative litigation, judgment enforcement, fraudulent transfer litigation, contractual disputes, and other bankruptcy litigation matters. In his career in private practice, Yonah has built on his bankruptcy foundation and evolved into a seasoned commercial litigator, recognized by his colleagues for his ability to tackle tough litigation issues with innovative solutions. In addition to bankruptcy matters, he has litigated extensively in New York state court, and is often consulted to provide procedural insight and strategy on matters pending in New York courts. Yonah has also been involved in state and federal litigation matters across the country. A significant part of Yonah’s practice involves investigating and assessing litigation claims pre-suit.
Areas of Practice:
- Complex Commercial Litigation
- Financial Litigation
- Insolvency Litigation
- Professional Liability Litigation
Professional Recognitions:
- Rising Star of the Plaintiffs Bar – Elite Trial Lawyers - National Law Journal (2023)
- 40 & Under List - Benchmark Litigation (2022-present)
- Rising Star - Thomson Reuters - Super Lawyers
- 500X – The Next Generation – Lawdragon (2023)
Notable Representations:
- Representing the chapter 7 trustee of Dura Automotive Systems, LLC et al. as Special Litigation Counsel in claims against Lynn Tilton and Dura’s former CFO in Delaware Court of Chancery.
- Representing derivative shareholder plaintiffs in breach of fiduciary duty and related claims under Cayman Islands law against insiders of Renren, Inc. Precedents established in the case – holding foreign entities and actors accountable in U.S. courts – strengthen investor protections, alongside a $300 million recovery, one of the largest derivative settlements in history having been approved by New York state court.
- Representing dissenting shareholders in appraisal actions in the Cayman Islands and Bermuda on U.S.-law related issues, including prosecuting discovery proceedings under 28 U.S.C. 1782.
- Representing the Liquidating Trustee of the BosGen Liquidating Trust in prosecuting over $1 billion in fraudulent conveyance claims currently on appeal to the Second Circuit Court of Appeals.
- Represented the chapter 7 trustee of MoviePass and its parent company, Helios & Matheson Analytics, in claims against the debtors’ former directors and officers, which resulted in settlement and sizeable recovery for the bankruptcy estate’s creditors.
- Represented several investment funds in a dispute against high-profile pharmaceutical investment fund Celtic Pharma, and one of its two principals, arising from complex, cross-border issues involving the development and commercialization of pharmaceutical products. Pending.
- Represented the Joint Official Liquidators of the “AJW” family of investment funds - claims against former professionals, insiders, and portfolio companies. Yonah developed a damages model that led to an important appellate victory (and confidential settlement on eve of trial) in which New York appellate court adopted Reid Collins’ arguments narrowing scope of the in pari delicto defense—which often improperly protects professionals who facilitate investment or other corporate frauds, often in the bankruptcy context.
- Successfully represented the plan trustee for the trucking company Tango Transport in bringing fraudulent transfer and product defect claims against Navistar, Inc.
- Represented the litigation trustee for SFX Liquidating Trust, in claims against Robert Sillerman, founder of media/entertainment companies including Live Nation, including as creditor after Mr. Sillerman’s personal bankruptcy.
- Represented the Liquidation Trustee of AWTR Liquidation Trust, successor to Rhythm & Hues, largest VFX and CG studio in Hollywood in claims against former directors and officers.
- Represented the plan trustee of investment funds associated with notorious hedge fund manager Alphonse Fletcher, Jr. in claims against Fletcher and former professionals.
- Represented the chapter 7 trustee of defunct law firm Thelen LLP in claims against former partners and California Commissioner of Insurance.
- Represented the chapter 7 trustee of Evacuation Complete LLC in claims against former directors and officers.
- Represented foreign representative of Tibanne Co., parent company of infamous bitcoin exchange Mt. Gox in obtaining recognition under Chapter 15 of Bankruptcy Code - pending in Tokyo, Japan.
Publications and Speaking Engagements
- Co-Authored Litigator’s Perspective: Maximizing the Evidentiary Value of Rule 2004 Examinations, ABI Journal, January 2017 (co-authored with Jeffrey E. Gross)
- Moderator of “Litigating Claims by Trustees: Avoiding Pitfalls at Plan Confirmation and the Investigation Phase” (February 2022) - second of three-part webinar series in partnership with the American Bankruptcy Institute
Updated July 2023
