Sidley has a breadth of experience in litigation-focused matters related to bankruptcy, restructuring, and insolvency. Our restructuring lawyers collaborate with colleagues in our corporate litigation and appellate practices to defend clients in complex lawsuits involving alleged fraudulent transfers, preferences, breaches of contract or fiduciary duty, alter ego activity, and other commercial and bankruptcy causes of action that arise in the context of distressed companies. We are at the forefront of litigation involving defenses of significant importance to our clients. This includes the Bankruptcy Code’s safe harbors for pre-petition transfers under, and post-petition terminations of, financial contracts, including securities contracts. Leveraging the firm’s formidable resources, we successfully fight for and defend favorable results through motions to dismiss, motions for summary judgment, mediation, and other alternative dispute resolution procedures, and, if necessary, trial and/or appeals through every level of the court system.
Tier 1 National Ranking in Bankruptcy in the 2021 U.S. News – Best Lawyers® “Best Law Firms” Survey and Benchmark Litigation 2021
Our bankruptcy litigation experience has resulted in victories for clients in a variety of contexts including: the application of priority provisions in indentures incorporated into swap agreements terminated subsequent to filing bankruptcy; court-ordered mediation proceedings involving claims under derivatives contracts; the defense and prosecution of fraudulent transfer claims; injunctive relief against the pursuit of related lawsuits in mass tort bankruptcies; and a multibillion dollar appeal of a confirmation order on the equitable mootness grounds.