TEAM TOGUT - Key Persons
Job Titles:
- Partner
- Our Founding Partner
- Professionals
Biography
A highly respected "dean" of the bankruptcy bar and one of the most accomplished restructuring attorneys of our time, Albert Togut has for the past 45 years specialized in bankruptcy law to the exclusion of all other areas of practice. His deal list speaks for itself; Mr. Togut has had a central role in the most famous reorganization cases in history.
Since Mr. Togut formed the firm of Togut, Segal & Segal LLP in 1980, he has served as counsel to the debtor, official committee, or principal owner in some of the largest and highest profile chapter 11 cases, including LATAM Airlines, McClatchy Newspapers, Pacific Drilling, Westinghouse, American Airlines, Kodak, Lehman Brothers Aurora, General Motors, Chrysler Automotive, Enron, Toisa Shipping, Dewey & LeBeouf, Relativity Media, Avaya, Nautilus, Ambac Financial, SunEdison, Aeropostale, A&P, Delphi Automotive, Collins & Aikman, St. Vincent's Hospitals, Charter Communications, Loehman's, Frontier Airlines, Tower Automotive, Winn-Dixie, Ames Department Stores, Loew's Cineplex, SK Global, Daewoo International (America) Corp. (which together with its Korean parent underwent the largest non-sovereign debt restructuring in history with aggregate liabilities exceeding $70 billion), Allegiance Telecom, OnSite Access, Joan and David Helpern Inc., and ContiFinancial Corporation.
Mr. Togut was lead counsel to Toshiba Nuclear Energy (UK) Holdings, the parent of the international operations of Westinghouse; Aurora, a mortgage origination company and subsidiary of Lehman Brothers; Rockefeller Center Properties; and Olympia & York Tower B Company, better known as the World Financial Center, which involved a $1 billion restructuring of a 43-story commercial office building located at Two World Financial Center at Battery Park in Manhattan. Each of these cases had debtors with more than $1 billion of assets. Mr. Togut also served as lead counsel to Pacific Drilling and Toisa Shipping in their chapter 11 cases, both of which confirmed consensual plans in 2018 following contentious in-court proceedings.
Since 1981, Mr. Togut has been an active member of the trustee panel maintained by the Department of Justice in the Southern District of New York and has served as trustee in several thousand bankruptcy cases under chapter 11 and chapter 7 of the Bankruptcy Code, including Refco, LLC (registered commodities broker), which at $4 billion, is the largest chapter 7 case in the history of bankruptcy; Anthracite Capital, Inc., a specialty real estate finance company that invested in commercial real estate assets; Kingston Square, which owned apartment complexes subject to secured claims of approximately $400 million; and Axona International Credit & Commerce Limited, in the liquidation of a Hong Kong banking institution.
Mr. Togut is registered as a mediator in the Southern District of New York. He was appointed mediator for a dispute with the noteholders of Solutia that was settled for $220.5 million. In Calpine, he represented a court-appointed valuation expert in assisting the Bankruptcy Court in evaluating the $10 billion spread between competing estate values, which Mr. Togut resolved by agreement of the parties, allowing for a fully consensual and uncontested confirmation hearing. Mr. Togut mediated close to 100 adversary proceedings commenced in the Conseco cases in Chicago, all of which were settled.
Mr. Togut is a Fellow of the American College of Bankruptcy, a Fellow of the International Insolvency institute, co-Chair of the Commission of the American Bankruptcy Institute ("ABI") that studied the reform of chapter 11, and past Officer and ABI Director and Chair of its New York City program; he also served on the ABI's fee-study commission that studied professional fees in chapter 11 business bankruptcy cases. The ABI's fee commission's report provides the most comprehensive, independent look at professional fees in chapter 11 cases to date. During a recent panel discussion hosted by ABI, the Honorable Shelley Chapman described Mr. Togut as "beloved among bankruptcy professionals here in New York and across the Country" and "one of the deans of the bankruptcy bar." Judge Chapman continued, "I know that all of the Judges that I have the pleasure to serve with in the Southern District of New York are always happy when Team Togut appears in our cases . . . ." Mr. Togut was twice a member of the Committee on Bankruptcy and Reorganization of the Association of the Bar of the City of New York, a member of the International Bar Association, and a past President of the Bankruptcy Lawyers Bar Association of New York.
For six years, Mr. Togut chaired a Task Force of the Business Bankruptcy Committee of the American Bar Association Section of Business Law that analyzed disclosure statement requirements and confirmation practices in chapter 11 cases. He has written and lectured on many topics under the former Bankruptcy Act and current Bankruptcy Code and has particular expertise in conflicts of interest and ethics.
Mr. Togut recently received the prestigious Who's Who Albert Nelson Marquis Lifetime Achievement Award for his prominence in bankruptcy law. He has been profiled in Who's Who Legal (WWL) - Thought Leaders, Restructuring and Insolvency (2020 - 2023), in 2020 was named Global 100's - Restructuring Lawyer of the Year and has been included in every list of Lawdragon's 500 Leading U.S. Bankruptcy & Restructuring Lawyers (2020-2023). In 2019, he was honored by the Lincoln Center Corporate Council for his leadership in corporate reorganizations. He has received the New York Institute of Credit Leadership Award and was also the recipient of the Prof. Lawrence P. King award. He has been named as a New York Super Lawyer every year since 2007, has been named in the Top 100 lawyers in New York, and has been repeatedly chosen as a "Leading Lawyer by Chambers USA. He has been profiled by The Wall Street Journal and New York Times.
, has more than 45 years of bankruptcy experience and is often referred to as one of the "deans" of the bankruptcy bar as well as one of the best restructuring attorneys of our time. He is AV Preeminent peer-review rated,* the highest rating, through Martindale-Hubbell, as are three of his four partners, Frank Oswald, Neil Berger, and Kyle Ortiz. All five partners have been included in New York Super Lawyers and/or Rising Stars for multiple years, and Mr. Togut is one of only six bankruptcy attorneys named to Super Lawyers magazine's Top 100 list. He is also a fellow of the American College of Bankruptcy and International Insolvency Institute, both invitation-only honorary groups. Mr. Togut, Mr. Oswald, and Mr. Ortiz are recognized by Chambers. Mr. Togut also co-chaired a blue-ribbon commission of the American Bankruptcy Institute that has made recommendations for Chapter 11 reform, including Congress' recently enacted small business provisions. This level of recognition reflects the reputation for effective client service and integrity that our firm has established and maintained for decades.
Biography
Mr. Moore provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Over the last twenty years, Mr. Moore has represented debtors, creditors, and parties-in-interest in all aspects of sophisticated business reorganizations and restructurings, from the preparation and filing of chapter 11 petitions, first day motions and orders through the negotiation and confirmation of chapter 11 plans of reorganization. He has negotiated DIP financing credit facilities and cash collateral stipulations, drafted and negotiated plans of reorganization and disclosure statements, litigated adversary proceedings and contested claims, and worked on mediations and appeals.
Biography
Mr. Shaughnessy advises debtors, creditors, and other parties-in-interest concerning restructurings both in and out of court. An experienced trial lawyer and commercial litigator, he always seeks the most efficient and practical approach to solving disputes on behalf of his clients.
Mr. Shaughnessy has more than fifteen years of experience in complex commercial and business litigation defending and prosecuting numerous claims in New York, New Jersey, Delaware, Connecticut, Massachusetts, and other state, federal, and appellate courts. Representative matters include issues arising under the federal bankruptcy, ERISA, RICO, HIPAA, securities, and antitrust laws, matters involving employment disputes, breach of contract, breach of fiduciary duty issues, and numerous other common law issues, as well as various regulatory and corporate governance issues.
Job Titles:
- Co - Counsel to the Official Committee of Unsecured Creditors
Job Titles:
- Associate
- Associate at Togut
Biography
Mr. Blander provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Eitan Blander is an associate at Togut, Segal & Segal LLP, where he focuses on debtor-side representations in complex corporate restructuring matters, chapter 11 cases, and related litigation. Mr. Blander also represents creditors, committees, trustees, and other parties in interest in connection with chapter 11, chapter 15 and chapter 7 cases. Prior to joining the firm, he served as a judicial law clerk to the Honorable Mary Kay Vyskocil, formerly of the United States Bankruptcy Court for the Southern District of New York.
Eitan received his J.D., with honors, from Emory University School of Law, where he was a member of the Emory Bankruptcy Developments Journal and director of the Emory Law School Supreme Court Advocacy Program (ELSSCAP), the only student-run Supreme Court litigation program in the country. He received his B.A. from McGill University with First Class Honors in Psychology.
Eitan worked briefly as a data analyst before becoming a lawyer.
Biography
For more than 30 years, Mr. Oswald has focused his practice exclusively on bankruptcy, out-of-court restructurings and creditors' rights matters. Mr. Oswald has represented clients in all facets of bankruptcy cases as well as insolvency issues in business transactions.
Mr. Oswald is a partner at Togut, Segal & Segal LLP, which he joined in 1986 following internships with the late Hon. Conrad B. Duberstein, Chief Bankruptcy Judge, and the Hon. Cecilia Goetz, Bankruptcy Judge (retired) in the Bankruptcy Court for the Eastern District of New York. Since then, Mr. Oswald has represented chapter 11 debtors, bankruptcy trustees, creditors' committees, secured and unsecured creditors, shareholders, distressed investors, defendants in avoidance actions, mediators, plan administrators, as well as landlords and tenants in bankruptcy cases, and entities seeking to acquire assets out of bankruptcy.
Mr. Oswald has been named a New York Super Lawyer every year since 2010. He is also a member of the EDNY's Bankruptcy Judges' Chapter 11 Lawyers Advisory Committee, Board of the Turnaround Management Association (NY Chapter), a member of the ABI's Committee on Healthcare Law, and a recognized lawyer in Chambers USA and Best Lawyers in America.
Biography
Mr. Quist provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in and out of court.
Griffin Quist is an associate at Togut, Segal & Segal LLP. He received his Juris Doctor from Boston College Law School, where he was Research Editor for the U.C.C. Reporter-Digest.
Prior to joining the Firm, Griffin served as a judicial law clerk to the Honorable Wendy A. Kinsella and the Honorable Margaret Cangilos-Ruiz (Ret.) of the United States Bankruptcy Court for the Northern District of New York.
During law school, Griffin interned at the Middlesex County District Attorney's Office, as well as a complex civil litigation defense firm. Griffin also worked as a student attorney for the Civil Litigation Clinic in the Boston College Legal Services LAB, where he represented indigent clients pro bono in all aspects of housing litigation.
Professional Associations
American Bankruptcy Institute
Turnaround Management Association
Job Titles:
- Bankruptcy Judge, Eastern District of New York, Student Law Clerk, 1984
Job Titles:
- Chief U.S. Bankruptcy Judge, Eastern District of New York, Student Law Clerk, 1984 to 1985
Job Titles:
- New Jersey Appellate Division, Law Clerk, 1998 to 1999
Biography
Mr. Borriello represents debtors, secured lenders, ad hoc lender groups, creditors, creditors' committees, and trustees in Chapter 7 and 11 cases, as well as a wide range of insolvency-related matters throughout the country, including bankruptcy courts, federal district courts, and state courts. Prior to joining Togut, Segal & Segal LLP, Mr. Borriello was a member of Pryor Cashman LLP's Bankruptcy, Reorganization & Creditors' Rights Group.
Leveraging his experience as a Certified Public Accountant and Certified Fraud Examiner, Mr. Borriello also counsels clients on complex asset valuations, due diligence, and tax issues. Additionally, in instances where litigation is not an optimal or viable solution, Mr. Borriello is an experienced and skillful advocate, advancing their interests at settlement negotiations and arbitration proceedings.
Job Titles:
- Associate
- Associate at Togut
Practice Areas
Chapter 11 and Chapter 7 Bankruptcy
Biography
Mr. Lefkowitz provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in and out of court.
Jeffrey Lefkowitz is an associate at Togut, Segal & Segal LLP. He received his Juris Doctor cum laude from Brooklyn Law School in 2023, where he was Articles Editor for the Brooklyn Law Review and was a recipient of the Prince Scholarship.
During law school, Jeffrey interned for Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York. Jeffrey also worked for Access to Justice Brooklyn (f/k/a the Volunteer Lawyers Project), where he represented indigent clients pro bono in Kings County Civil Court in all aspects of consumer debt litigation.
Jeffrey joined the firm full time in 2023 and has focused on representing debtors, trustees, creditors, and other parties in interest in connection with chapter 11 and chapter 7 proceedings, related bankruptcy litigation, and corporate restructuring.
Mr. Lefkowitz received his bachelor's degree, majoring in finance from the University of Maryland in 2020.
Biography
Since joining Togut, Segal & Segal LLP in 2020, Mr. Gallego's practice has focused on representing debtors, trustees, creditors and other parties in interest in connection with chapter 11 proceedings, related bankruptcy litigation, and corporate restructurings.
Mr. Gallego graduated from Fordham University School of Law in 2020, where he was a member of the Fordham Moot Court Board and a staff editor for the International Law Journal. While in law school, Mr. Gallego served as a judicial intern to the Honorable Louis A. Scarcella of the Bankruptcy Court for the Eastern District of New York. He also worked as a Law Clerk for Togut, Segal & Segal LLP during his third year of law school.
Biography
John McClain is a seasoned litigator who has successfully brought and defended a wide range of complex lawsuits on behalf of foreign and domestic clients in federal, state, and administrative tribunals nationwide. In addition to matters arising under the Bankruptcy Code, John has litigated disputes arising under the False Claims Act, the Foreign Corrupt Practices Act, the Freedom of Information Act, the Investment Advisers Act, the Patent Act, the Securities Act, and the Securities Exchange Act, among others, and has extensive experience litigating contract and tort disputes as well. On behalf of his clients, John both secures judgments in courts of first instance and defends those judgments in courts of appeals, always aiming to help his clients achieve their objectives in the most efficient manner practicable.
Prior to joining the firm, John served as a judicial law clerk for both Chief Judge Richard Myers of the United States District Court for the Eastern District of North Carolina and Judge Allegra Collins of the North Carolina Court of Appeals, and was a litigation associate at Ropes & Gray LLP, where he primarily represented clients in the financial-services industry in litigation arising under the federal securities laws.
Jonathan has significant experience defending and prosecuting numerous claims on behalf of financial and other commercial institutions in New York state and federal courts. In addition to matters arising under the Bankruptcy Code, Jonathan has extensive experience litigating contract and tort disputes involving breaches of fiduciary duty, as well as various regulatory and corporate governance issues.
Biography
Mr. Ortiz provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings, both in- and out-of-court.
Mr. Ortiz has represented debtors in some of the largest and most complex chapter 11 cases of the past decade, including: Pacific Drilling, Westinghouse, Toisa, SunEdison, Aeropostale, American Airlines, and Lehman Brothers Holdings, Inc. Mr. Ortiz has also represented creditors and lenders in the financial services and real estate sectors. Mr. Ortiz's pro bono work has been recognized by both the Legal Aid Society and the New York State Bar Association.
Mr. Ortiz is a frequent lecturer and author on a range of bankruptcy topics. In 2018 Mr. Ortiz was named by the American Bankruptcy Institute as one of its 40 Under 40 Rising Stars in the restructuring community and by Finance Monthly as Restructuring Lawyer of the Year. In 2019, Mr. Ortiz received an Emerging Leaders Award from The M&A Advisor, which recognizes and celebrates the achievements of outstanding young M&A, financing, and turnaround professionals who have reached a significant level of success while still under 40.
Prior to beginning his legal career, Mr. Ortiz founded Operation ASHA in Cambodia, an arm of the worldwide tuberculosis treatment organization, Operation ASHA. Operation ASHA in Cambodia has grown to over 50 tuberculosis treatment centers serving over a million people in 1283 villages in and around Cambodia's capital, Phnom Penh. Mr. Ortiz currently sits on the U.S. Board of Directors for Operation ASHA Worldwide.
Job Titles:
- Reporter - Digest, Research Editor
Biography
Ms. Ebrahimi provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in and out of court.
Since joining Togut, Segal & Segal LLP in 2022, Ms. Ebrahimi has focused on representing debtors, trustees, creditors, and other parties in interest in connection with chapter 11 and chapter 7 proceedings, related bankruptcy litigation, and corporate restructuring.
Ms. Ebrahimi received her Bachelor of Business Administration in International Finance & Marketing from the University of Miami and her Juris Doctor from Brooklyn Law School in 2022.
During law school, Leila interned with Brooklyn Legal Services in the Consumer and Economic Advocacy group before interning at the Togut Firm. Leila also worked as a student attorney for the Brooklyn Law School Disability & Civil Rights clinic, where she represented indigent clients pro bono in all aspects of disability litigation.
Education
Brooklyn Law School, Brooklyn, New York
J.D. - 2022
Biography
Ms. Martir provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Martha E. Martir has extensive experience leading teams advising debtors, creditors, equity holders, and other interested parties in complex domestic and international restructurings, distressed asset sales, distressed financings, liquidations, and liability management transactions. Ms. Martir's experience spans wide range of fields, including: financial services, pharmaceutical, energy, oil & gas, digital marketing, manufacturing, and retail.
Ms. Martir was recently named to the 2023 and 2024 Best Lawyers: Ones to Watch list for her work in the category of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Ms. Martir is the recipient of Immigration Equality's Safe Haven Award for excellence in pro bono representation in asylum matters in 2013, 2016, and 2022.
Prior to beginning her legal career, Ms. Martir served as an active-duty officer in the U.S. Army. Ms. Martir is fluent in Spanish.
Biography
Ms. Nester provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings both in- and out-of-court.
Ms. Nester represents debtors, creditors, and other parties in interest in connection with avoidance actions and other contested matters. Prior to joining Togut, Segal & Segal LLP, Ms. Nester was an associate in the litigation group of Simpson Thacher & Bartlett LLP, where she represented financial and other commercial institutions in securities, antitrust, and other complex litigations.
Biography
Mr. Berger provides efficient and practical advice to debtors, creditors, committees, trustees, fiduciaries, retirees, litigation parties, and other parties in interest in corporate restructurings both in- and out-of-court.
Since joining the firm in 1993, Mr. Berger has specialized in bankruptcy law representing the interests of debtors, creditors' committees, retirees' committees, trustees, individual creditors and other parties in interest in connection with chapter 11 cases (including post-confirmation matters) and chapter 7 cases. Mr. Berger has been named a New York Super Lawyer every year since 2009 and has frequently lectured and written on topics under the Bankruptcy Code.
Job Titles:
- Associate
- Associate at Togut
Biography
Mr. Howard is an associate at Togut, Segal & Segal LLP. He received his Bachelor of Arts in Anthropology from Binghamton University and his Juris Doctor from the University of Wisconsin Law School. Mr. Howard also received a Master of Laws in Bankruptcy Law from St. John's University, where he graduated first in his class and was a recipient of the Robert M. Zinman Scholarship and the ABI Medal for Excellence in Bankruptcy Studies.
During law school, Mr. Howard interned at the Wisconsin Supreme Court for the Honorable Michael Gableman and served as Senior Managing Editor of the Wisconsin International Law Journal. Just prior to joining Togut, Segal & Segal LLP, Mr. Howard served as judicial law clerk to the Honorable Michael E. Wiles at the United States Bankruptcy Court for the Southern District of New York.
Professional Associations
American Bankruptcy Institute
Short Case Analysis: Gardens Regional Hospital and Medical Center Liquidating Trust v. State of California (In re Gardens Regional Hospital and Medical Center, Inc.), Case No. 18-60016 (9th Cir. Sept. 16, 2020)," Frank A. Oswald and Minta J. Nester, ABI Healthcare Newsletter, March 2021