Ariel N. Lavinbuk

Lead counsel defending crypto-stablecoin issuer Tether in a $2.5 billion preference, breach of contract, and fraudulent transfer case arising out of the bankruptcy of the Celsius cryptocurrency exchange.

Lead counsel for the Endo General Unsecured Creditor Trust in an action alleging breaches of fiduciary duty by the former officers and directors of Endo for their role in the nation’s opioid crisis.

Lead counsel defending Hong Kong-based Li & Fung Trading in a $250 million preference and fraudulent transfer case arising out of the bankruptcy of Global Brands Group.

Lead counsel for hedge fund Olympus Peak in multiple cases arising out of trades for claims against the estate of cryptocurrency exchange FTX.

Successfully defended the senior leadership of McKinsey & Co. Inc. .— including its Global Managing Partner — from fraud allegations and RICO claims asserted by competitor Jay Alix in multiple cases brought in federal trial and bankruptcy courts across the country.  

Successfully defended the board of directors of Las Vegas Sands Corp. in state and federal shareholder-derivative suits alleging violations of the Foreign Corrupt Practices Act in Macau, China, securing dismissal in full after extensive motion to dismiss briefing of the lead state and federal derivative cases.

Represented Psychiatric Solutions Inc., a subsidiary of Universal Health Services, in a securities class action, securing a settlement on terms favorable to the client on the eve of trial.

Represented general obligations bondholders of the Commonwealth of Puerto Rico in litigation and other matters related to the island’s restructuring.

Represented a bondholder group as appellate counsel in a dispute regarding the allocation of more than $7 billion in corporate assets among debtors in over 20 jurisdictions worldwide arising out of the bankruptcy of Nortel Networks Inc.

Represented first-lien bank lenders (as conflicts counsel) and their agent, Credit Suisse (as lead litigation counsel), in various litigation matters related to and arising in the bankruptcy of Caesars Entertainment Operating Co. Inc.

Represented hedge funds attempting to secure relief for Argentina’s default on debt issued in the 1990s, securing an agreement by Argentina to pay the clients approximately $4 billion to settle the claims at issue.

Represented creditors asserting fraudulent conveyance claims arising out of the $8 billion leveraged buyout of the Tribune Co. in litigation before the 2nd Circuit and U.S. Supreme Court.

Represented the conflicts committee of the board of directors of TerraForm Global Inc. in connection with its successful acquisition by Brookfield Asset Management Inc. and in litigation matters arising out of the bankruptcy of SunEdison Inc.

Represented individual creditors, their trustees, ad hoc groups and creditors’ committees in disputes arising out of myriad other major restructurings and bankruptcies worldwide, including those of Oi SA (Brazil); OAS S.A. (Brazil); Energy Future Holdings Co.; Education Management Corp.; Arch Coal; Petrobras (Brazil); Patriot Coal Co.; DTek Finance (Ukraine); Fannie Mae and Freddie Mac; Tousa Inc.; and Residential Capital LLC.

Defended Sony Interactive Entertainment from a $340 million unjust enrichment claim concerning the manufacture and sale of the PlayStation Vita gaming console in Russia, securing both dismissal in district court and affirmance of that result on appeal to the D.C. Circuit.

Drafted and negotiated new terms of use and data integration agreements for Arbitration Forums Inc., the largest arbitration and subrogation service provider in the United States.

Represented Costco Wholesale Corp. as a party and as amicus curiae in a trio of U.S. Supreme Court cases addressing whether the first-sale doctrines in the Copyright Act and Patent Act apply to products made abroad by U.S. copyright or patent holders, twice securing the Court’s agreement, both times over the objection of the Solicitor General, with Costco’s argument that the doctrines do apply, and that copyrighted and patented goods originally made abroad lawfully can be imported and sold in the United States.

Represented defendant Northrop Grumman in suits alleging copyright infringement and breach of software license, securing settlement after defendants obtained a mistrial in one action.

Represented two former Obama administration officials in matters connected to alleged ties between the Trump Campaign and Russia.

Represented Freedom House, an international democracy-promotion organization, in connection with the criminal prosecution of seven employees in Egypt for distributing foreign aid and assistance to Egyptian political and civil society groups.

Represented two senior Obama administration officials in leak investigations, securing decisions clearing them of any wrongdoing without their involvement becoming public.

Represented a sitting member of Congress, during a high-profile Senate campaign, in connection with an investigation by the U.S. House of Representatives Office of Congressional Ethics, which investigation was ultimately dropped without becoming public.

Represented two lobbyists for a major financial services firm in connection with a criminal investigation of lobbying disclosure irregularities, which investigation was ultimately dropped without charges and without becoming public.