A partner in the Litigation Department, Paul Paterson has substantial experience with a wide variety of matters in all phases of complex civil litigation. He has particular expertise in restructuring litigation, having litigated numerous contested matters in bankruptcy court and other restructuring-related disputes in federal and state courts across the country. He also has substantial experience in mergers and acquisitions disputes and a variety of high-stakes trial matters.
Paul’s recent experience includes representing:
- Wilmington Savings Fund Society, FSB as Administrative Agent for the First Lien Term Lenders to Telesat Canada in litigation alleging that Telesat Canada's transfer of 62% of its equity in its most valuable asset to an affiliate for no consideration breached the First Lien Credit Agreement and was a fraudulent conveyance, seeking avoidance and up to $1.4 billion in damages.
- An Ad Hoc Group of 2020 Secured PDVSA Noteholders in litigation in the U.S. District Court for the Southern District of New York, which resulted in a significant summary judgment victory affirming the enforceability of a pledge securing $3 billion of notes issued by a Venezuelan state-owned corporation, and in related litigation brought by other creditors of Venezuela and PDVSA in the U.S. District Court for the District of Delaware.
- Crown Castle, one of the nation’s largest providers of shared communications infrastructure, in litigation and Chapter 11 bankruptcy cases concerning more than $4.6 billion owed to Crown Castle after DISH abandoned its efforts to build a nationwide 5G network and its related contracts with Crown Castle.
- An Ad Hoc Group of Senior Secured Noteholders and Debtor-in-Possession Lenders of Saks Global Enterprises, which provided $1 billion in emergency DIP financing, in connection with the luxury retailer’s chapter 11 bankruptcy proceedings and related disputes, ultimately resulting in its successful emergence from bankruptcy.
- An Ad Hoc Group of Bondholders of the Puerto Rico Electric Power Authority (PREPA) in litigation concerning approximately $8.5 billion of bonds issued by PREPA.
- Revlon, a leading global beauty company, in discovery, depositions and hearings related to its chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of New York, and in its successful defense of an adversary proceeding by pre-petition lenders alleging breach of credit agreements and other claims, achieving complete dismissal of all claims against Revlon.
- Proterra, a publicly traded developer and producer of commercial electric vehicle technology, including proprietary battery systems, electric transit buses and turnkey charging solutions, in its chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware.
- Enviva, the world's largest producer of sustainable wood pellets, in its chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia, including successful settlements of valuation disputes and litigation with a substantial joint venture partner.
- Fresenius SE & Co., a German healthcare company, in a landmark post-trial ruling, affirmed by the Delaware Supreme Court, that Fresenius was justified in terminating a $4.8 billion merger agreement with Akorn Pharmaceuticals due to Akorn’s post-signing decline and Akorn’s breaches of FDA data integrity requirements, both constituting Material Adverse Events (MAE) under Delaware law. The decision was the first to find an MAE justified based on post-signing financial decline and other factors.
- Channel Medsystems, Inc., a medical device start-up, in a trial victory in the Delaware Court of Chancery over Boston Scientific Corporation, which had unsuccessfully sought to terminate its $250 million acquisition of Channel based on an alleged MAE.
- Simon Property Group in expedited litigation concerning Simon’s invocation of an MAE to withdraw from its $3.6 billion acquisition of a majority interest in Taubman Realty Group. The parties settled on the eve of trial for an $800 million purchase price reduction—the biggest COVID-19 related stock price discount for a major deal.
- Advance, a privately-owned investment company, and several current and former officers and directors in a stockholder class action brought in the Delaware Court of Chancery asserting breach of fiduciary duty claims related to the $43 billion merger between AT&T’s WarnerMedia and Discovery Inc.
- Grupo Salinas in a dispute with AT&T relating to indemnification claims brought by AT&T following its $2.5 billion acquisition of Iusacell, Grupo Salinas’ Mexican wireless provider.
- Bain Capital in a shareholder class action alleging that Bain aided and abetted a breach of fiduciary duty by the former controlling stockholder of one of its portfolio companies.