Law Offices Of Ira S. Sacks LLP

Terence D. Watson Reported Decisions

Investment Exchange Group, LLC v. Colorado Capital Bank (In re The 1031 Tax Group, LLC),
2007 WL 2455176 (Bankr. S.D.N.Y., August 23, 2007) (representation of “qualified
intermediaries” for I.R.S. § 1031 like-kind exchanges as debtor in connection with chapter 11
proceedings commenced following the improper diversion by their owner of over $150,000,000
related to such exchanges.  Representation included the resolution of disputes concerning property
of the estates, corporate governance, valuation, exclusivity, trustee appointment and conversion, as
well as the assumption and rejection of executory contracts).

Kinel v. Sherman Acquisition II, LP, 2007 WL 2049566 (S.D.N.Y., July 13, 2007) and Kinel v. Sherman Acquisition II, LP, 2006 WL 5157678 (S.D.N.Y., February 28, 2006). (representation of an individual in connection with claims for multiple violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act that resulted in what is believed to be among the largest cash settlements ever obtained through an action commenced on behalf of an individual under the statutes).

Costa v. Robotic Vision Systems, Inc., et al. (In re Robotic Vision Systems, Inc.), 367 B.R. 232 (1st Cir.
B.A.P. 2007) and Costa v. Dreier LLP, et al., 2007 WL 817648 (D.N.H., March 14, 2007) (represented publicly held maker of machine vision and automated identification products for semiconductor and other industries as debtor-in-possession in a chapter 11 proceeding.  Representation included debtor-in-possession financing, section 363 sales, use of cash collateral, professional carve-outs, as well as equitable subordination of claims, assumption and rejection of executory contracts, lift-stay motions and resolution of disputes concerning property of the estate, corporate governance and valuation). 

The Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. AAF-McQuay, Inc. et al.
(In re 360networks (USA) Inc.), 327 B.R. 187 (Bankr. S.D.N.Y. 2005); The Official Committee of
Unsecured Creditors of 360networks (USA) inc. v. Pirelli Communications Cables and Systems USA
LLC (In re 360networks (USA) inc.), 367 B.R. 428 (Bankr. S.D.N.Y. 2007) and The Official
Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Services, Inc. (In re 360networks (USA) Inc.), 338 B.R. 194 (Bankr. S.D.N.Y. 2005) (represented official committee
of unsecured creditors of global telecommunications provider in connection with one of the largest
chapter 11 cases ever filed.  Representation included the prosecution and settlement of hundreds of
adversary proceedings seeking the avoidance and recovery of fraudulent and preferential transfers). 

Dubai Islamic Bank v. Citibank, N.A., 256 F. Supp.2d 158 (S.D.N.Y. 2003) (representation of an international bank in connection with the recovery of $240,000,000 lost in a massive international bank fraud scheme.  Representation involved the prosecution and settlement of breach of contract and business tort claims and the resolution of disputes related to bank secrecy laws following extensive foreign discovery and coordination with related proceedings in the United Kingdom, France and the Middle East). 

Fuji Photo Film Co. v. Jazz Photo Corp., et al., 249 F. Supp.2d 434 (D.N.J. 2003) (representation of
corporation that was engaged in the refurbishment and sale of used disposable cameras which resulted
in a thirteen-day jury trial involving, among other issues, patent infringement, the doctrine of
permissible repair and damages based on lost profits and reasonable royalty). 

Pike v. Freeman, 266 F.3d 78 (2d Cir. 2001) (representation of a general partner of a limited partnership in connection with an arbitration proceeding involving claims for breach of contract and business torts arising out of the limited partnership’s management and control over the exclusive rights to manufacture, market and distribute a pharmaceutical in the United States).