Roy T. Englert, Jr.

Argued and won before the U.S. Supreme Court a constitutional separation-of-powers challenge to a statute giving broad powers to bankruptcy judges to hear and decide claims by debtors against creditors.

Argued and won two major appeals on behalf of the trustee responsible for remedying the frauds committed by Bernard Madoff, one with $4 billion at stake and pertaining to application of the Bankruptcy Code and principles of international comity to transactions involving foreign feeder funds, and the other with more than half a billion dollars directly at stake and pertaining to the standards for transferees’ “good faith” defense.

Argued and won high-dollar-value appeals in a Third Circuit bankruptcy case and a Second Circuit contract case.

Briefed and argued an appeal in which the Third Circuit agreed with the Bankruptcy Court that the client had the right to modify the terms and conditions of employment for its employees from those imposed by an expired collective-bargaining agreement because the modifications were necessary for the casino to remain in business and that without the modifications, all employees would have lost their jobs.

Represented creditors of the Republic of Argentina in lengthy litigation involving multiple appeals and multiple petitions for certiorari, ultimately resulting in 10-figure payments to clients.

Argued and won a Robinson-Patman Act case in the Third Circuit, building on a U.S. Supreme Court decision argued and won four years earlier.

Assisted the state of Alaska in winning a U.S. Supreme Court argument involving a claim of a constitutional right to post-conviction DNA testing, and assisted the Commonwealth of Kentucky by arguing and winning a case involving a constitutional attack on the means used to carry out the death penalty by lethal injection.

Argued and won two different U.S. Supreme Court cases involving the efforts of payphone service providers to collect millions of dollars in compensation from long-distance carriers, in which the Court decided issues pertaining to the existence of a private right of action under the Communications Act and to the Article III standing of assignees to pursue the providers’ claims in federal court.

Represented filers of amicus briefs in five different U.S. Supreme Court antitrust cases decided in a four-year period, all on the winning side.

Represented creditors of Owens Corning and its subsidiaries in multiple related appellate proceedings, winning a writ of mandamus, after presenting two Third Circuit arguments, to compel recusal of a trial judge, and served as co-counsel with a leading bankruptcy practitioner, who argued before the Third Circuit and obtained a reversal of a “substantive consolidation” ruling that had the effect of shifting approximately $1 billion of value among creditors.

Argued and won two cases in the U.S. Supreme Court in the 1998 – 1999 term, and two cases in the 2002 – 2003 term, in disparate fields of law — bankruptcy, Americans with Disabilities Act, RICO and milk regulation.