Bankruptcy Litigation and Counseling

Our attorneys have experience representing debtors, their directors and officers, secured and unsecured creditors, and equity holders in a wide range of bankruptcy and bankruptcy-related matters, including bankruptcy proceedings, post-bankruptcy plan litigation, complex commercial litigation, out-of-court workouts, fraud claims, adversary proceedings, avoidance actions, asset purchases, insolvency proceedings, clawback actions, fraudulent conveyance claims, and the negotiated resolution of other bankruptcy-related claims. We have represented public and private companies, financial institutions, funds, and individuals, as well as entities structured through offshore jurisdictions, in proceedings across the United States, United Kingdom, and other international jurisdictions. We regularly advise companies on how to limit their counterparty bankruptcy risk.

Key Contacts

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United States

Represent Hulk Hogan in bankruptcies of Gawker and its founder.

Represent brokerage firm in defending fraudulent conveyance claims brought by victims of fraudster who transferred funds to brokerage account.

Represented family member in adversary proceedings brought by trustee in highly-publicized Ponzi scheme.

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United Kingdom

Representing a former senior executive of a large and high-profile organization in an investigation by the UK Insolvency Service and related civil litigation.

Providing insolvency and litigation advice to a former executive chairman of a restaurant chain which is currently in liquidation in relation to his duties as a former director and his engagement with the liquidators’ inquiry.

Representing a significant creditor in insolvency proceedings and litigation related to the Abraaj Group.

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Jeffrey M Bronheim spoke to Bloomberg about weaknesses surrounding collateralized loan obligations (CLOs) as a result of the COVID-19 pandemic.
Daniel H Tabak is quoted in The Wall Street Journal regarding client, Hulk Hogan, and the sale of to Bustle owner Bryan Goldberg.  Dan led Hogan's legal team in the Gawker bankruptcy, which resulted in a settlement entitling Hogan to $31 million plus 45% of the proceeds of the sale.  The gossip news site filed for bankruptcy in June 2016  after a Florida jury awarded Hogan $140 million in his invasion of privacy suit. Photo: Hulk Hogan and Daniel H Tabak

Defunct gossip website Gawker will soon start paying $20 million it owes to shareholders — including founder Nick Denton — court proceedings revealed Wednesday. This action follows a jury's decision last March to award Hulk Hogan $140 million in his invasion of privacy suit against Gawker. C&G's Daniel H Tabak was counsel for Mr. Hogan during these proceedings. 

Daniel H Tabak led Hulk Hogan's legal team in the Gawker bankruptcy which resulted in Hogan's $31 million settlement with Gawker. The gossip news site filed for bankruptcy in June of 2016 after a Florida jury awarded Hogan $140 million in his invasion of privacy suit.

Daniel H Tabak is leading the team representing Hulk Hogan in the bankruptcy case against Gawker and Nick Denton. The following news outlets provided coverage:

Gawker Media chief Nick Denton will likely be forced to file for personal bankruptcy after a New York judge on denied the company’s request to temporarily shield him from Hulk Hogan’s $140 million sex tape judgment.  Dan Tabak is leading the team representing Hogan in the bankruptcy.
Yesterday, the U.S. Supreme Court declined to establish a narrow interpretation of “actual fraud” in determining whether debts can be discharged through bankruptcy, overturning the Fifth Circuit and endorsing a broader view of a provision that bars parties from shedding debts obtained under false pretenses. In this article, Dan Tabak along with other top attorneys from across the city tell Law360 why the Husky International Electronics Inc. v. Ritz decision is significant.
The U.S. Supreme Court recently ruled that corporations and individuals do not have an absolute right to immediately appeal the rejection of a bankruptcy plan. C&G Partner, Daniel H Tabak, speaks to Law360 about why the decision is significant.
Since Congress amended the preference section of the Bankruptcy Code in 2019, bankruptcy courts have grappled with how to interpret the due diligence requirement added by the amendment and what burden it imposes on plaintiffs before they bring preference claims. In particular, courts are divided on whether the 2019 amendment adds an affirmative pleading requirement and, if so, how that pleading requirement can be met.

In this C&G Client Alert, Daniel H Tabak, Randall W Bryer and Christine M Jordan explore the background of the amendment and the recent case law interpreting the revised Bankruptcy Code section. The authors conclude with practical advice for defendants amid the continued uncertainty.

The corporate bankruptcy & insolvency litigation landscape has drastically changed as a result of COVID-19. With government relief packages winding down, the financial impact of the pandemic will increasingly be playing out in bankruptcy and insolvency proceedings. As this picture becomes clear, businesses should understand the key questions and answers necessary to prepare for resulting disputes.

  • What are the common issues arising in the corporate bankruptcy and insolvency process in today’s market, and how will those issues complicate bankruptcy litigation?
  • How have recent court rulings impacted the corporate bankruptcy litigation space, and how are these issues likely to affect parties going forward?
  • What are the most significant factors in reaching as positive an outcome as possible for all parties involved in a bankruptcy dispute?

In this roundtable feature published by Financier Worldwide, Daniel H Tabak joins other bankruptcy and litigation experts from the United States and United Kingdom to answer these questions and more. The panelists discuss recent trends and examine what’s next for businesses that may find themselves navigating bankruptcy and insolvency disputes and what they need to know going forward.

In this C&G client alert, Jumana Rahman, Thomas Shortland, and Charlotte Ritchie discuss the legal and practical implications of the UK Supreme Court’s recent ruling on the reflective loss principle in Sevilleja v Marex.
In this C&G client alert, John W Gibson and Charlotte Ritchie outline the new UK Insolvency Practice Directions that are in place as a result of the Corporate Insolvency and Governance Act 2020.
Daniel H Tabak and Lauren J Salamon discuss the first case addressing force majeure in the context of government-ordered closures to halt the spread of COVID-19.
Jumana Rahman, Dawda Jawara, and Charlotte Ritchie consider the position of the UK borrower who defaults on debt due to COVID-19.