Overview
Avi Luft is of counsel in the Financial Restructuring group of Paul Hastings and is based in the firm’s New York Office. Mr. Luft represents debtors and creditors in Chapter 11 and cross-border insolvency proceedings, with a particular focus on contested issues in restructuring, bankruptcy, and creditors’ rights litigation. He also represents financial institutions in adversary proceedings brought as part of bankruptcy cases. Mr. Luft frequently serves as trial counsel in bankruptcy and district courts throughout the country, with a particular expertise on issues of valuation, acquisitions, economics, and damages, and commonly advises clients on the litigation implications of restructuring decisions and corporate transactions.
Mr. Luft also regularly represents at trial and hearings major international and domestic corporations, private equity and hedge funds and financial service companies in bet-the-company complex commercial, M&A and securities litigations and international arbitrations, securing successful results by winning at trial, prevailing on dispositive motions and by helping craft advantageous and creative, negotiated solutions. Mr. Luft also conducts internal investigations for multinational financial institutions, examining issues of fraud and regulatory compliance, as well as representing those institutions before their regulators.
Education
- New York University School of Law, J.D., 1999
- Oberlin College, B.A. with honors, 1995
Representations
- Lead litigation counsel for debtor Cred Inc. in the In re Cred bankruptcy before the U.S. bankruptcy court for the District of Delaware.
- Counsel to BancoEstado in connection with its creditor claims against LATAM airlines in the In re LATAM bankruptcy before the U.S. bankruptcy court for the Southern District of New York.
- Counsel to debtor Eagle Hospitality REIT in connection with its Chapter 11 case before the U.S. bankruptcy court for the Southern District of New York.
- Litigation counsel to debtor Interlogic Outsourcing Inc. (IOI) in its Chapter 11 case before the U.S. bankruptcy court in the Western District of Michigan.
- Counsel to debtor Grizzly Energy (f.k.a. Vanguard) in connection with its Chapter 11 case before the U.S. bankruptcy court in the Southern District of Texas.
- Litigation counsel to Medley Capital in the In re Medley bankruptcy case before the U.S. bankruptcy court for the District of Delaware.
- Counsel to the committee of unsecured creditors of Sable Permian Resources in its chapter 11 case before the Southern District of Texas.
- Trial counsel for Nortel Networks International in the In re Nortel bankruptcy before the U.S. bankruptcy court for the District of Delaware and the Superior Court of Justice in Ontario.
- Trial counsel for a multinational technology company debtor defending against intellectual property claims before the U.S. bankruptcy court for the District of Delaware.
- Lead counsel for Warburg Pincus defending against claims arising from the Rural/Metro bankruptcy before the U.S. bankruptcy court in the District of Delaware and the U.S. District Court for the Central District of California.
- Trial counsel for Colony Capital in its expedited trial in the U.S bankruptcy court for the District of Delaware in connection with the Jamison Hotel R.E.I.T. bankruptcy filing.
- Counsel to Goldman Sachs in the adversary proceeding arising from the Enron bankruptcy before the U.S. bankruptcy court for the Southern District of New York.
- Counsel to the United Autoworkers in the G.M. and Chrysler bankruptcies before the U.S. bankruptcy court for the Southern District of New York.
- Counsel to one of the world’s largest hedge funds in connection with their claims and exposure arising from the Lehman bankruptcy.
- Hearing counsel to a mining company in connection with claims against them in the Patriot Mining bankruptcy, before the U.S. bankruptcy court for the Eastern District of Missouri.
- Trial counsel to an international mining conglomerate in connection with its proposed $40 billion cash offer for a competitor before the U.S. District Court for Northern District of Illinois.
Engagement & Publications
- "Class Actions," Securities Law Techniques, (LexisNexis, Vol. 7, 2014), co-authored with Lewis Liman, Mitchell Lowenthal and Evan Davis.
- "Come to a Full Stop: Halt the Running of Prejudgment Interest Under Tolling Agreements," New York Law Journal (May 6, 2013), co-authored with Laura Zuckerwise.
- "Broad Ruling in Enron Bankruptcy Appeal Restores Certainty to ‘Settlement Payment’ Safe Harbor," Derivative (Vol. 16, Issue 11, April 12, 2010), co-authored with Roger A. Cooper.
- "Contingent Fee Arrangements in the United States," Gil Studi dell’ Isdaci, Compenso Professionale e Pattio Di Quota Lite (Vol. 7, 2009), co-authored with Giuseppe Scarssellati-Sforzolini and Adam Shajnfeld.
Involvement
- Trial Instructor, National Institute for Trial Advocacy
- Member, In-House Counsel/Outside Counsel Group for the New York City Bar Association