Mr. Hail has represented both domestic and international clients in federal and state courts throughout the United States, including bankruptcy court and in connection with civil investigations brought by federal and state governmental authorities.
Mr. Hail’s recent matters include:
- Representation of large financial institution in connection with series of disputes arising from mortgage operations and securitization issues. Representation included private suits and class actions on behalf of investors, purchasers and insurers.
- Representation of large real estate investment fund in series of disputes relating to property values, workouts and intercreditor disputes. Litigation in multiple state courts involving assets located all over the country.
- Representation of private equity firm in connection with acquisition of assets of largest timber producing company in California. Litigation included issues of value, confirmation and bankruptcy, and involved more than five weeks of contested factual hearings, with fact witnesses and experts, and multiple appeals to district court and the circuit court of appeals.
- Representation of individual and financial institutions in connection with disputes arising from purchase of Auction Rate Securities and Mortgage Backed Securities.
- Representation of group of hedge funds and investment advisers in connection with dispute concerning redemption of $126 million of notes issued by public company. Matter concluded with three-week trial in Delaware Chancery Court, in which Mr. Hail served as primary trial counsel.
- Representation of investment fund and large commercial bank in dispute with energy company over default on notes and payment of default interest. Dispute revolved around relative rights of multiple parties in capital structure and economics of proposed restructuring.
- Co-lead trial counsel in representation of portfolio company of large New York asset management firm in claims asserted against chemical company owned by another large hedge fund. Resulting jury verdict was largest compensatory damage award in Kentucky history, second-largest jury verdict ever in that state and one of the largest jury verdicts in the United States in 2007.
- Representation of large Mexican transportation company in issue of first impression in New York in connection with dispute over value of expired derivative securities similar to call options brought by large New York hedge fund.