Brian Hail is a nationally recognized commercial litigator and trial lawyer who specializes in complex disputes involving financial products, corporate transactions and real estate disputes. Mr. Hail represents financial institutions, investors, joint ventures and funds to defend and prosecute contractual rights and remedies. Recent matters have involved financial products, real estate and commercial contract disputes. He also has extensive experience advising real estate owners, and hospitality investors and financers in disputes ranging from busted deals to workouts.

Mr. Hail has extensive trial experience, with successful plaintiff and defense verdicts valued at over $100 million. Mr. Hail has tried cases and arbitrations to a jury, to a court and to arbitrators, and continued his practice even as COVID-19 has changed the practice of law.

Experience

ERFAHRUNG

EXPÉRIENCE

工作经历

Recent matters involving complex financial transactions and institutions include:

  • Representation of large manufacturer in complex commercial dispute involving a “bet the company” case after alleged fraud and overcharge. Case involved a multi-decade time period of electronic and paper discovery, expert testimony and briefing. Case dismissed at summary adjudication prior to trial, with no settlement offer made or received. 
  • Representation of Luxury Hospitality brand in multi week arbitration in connection claims asserted by the owner of the company’s preeminent — and namesake — hotel. Damage claims exceeded $100 million, as well attempt terminate services contract. After multi week, international arbitration involving proceedings in two countries, arbitration panel unanimously found for his client. 
  • In cases spanning over a decade, representation of the nation’s largest mortgage originator and sponsor in a series of lawsuits by monoline insurers seeking repayment of $10 billion relating to Residential Mortgage-Backed Securities (RMBS) loan origination, securitization structure, rights and remedies of sponsor, trustee, noteholders and insurers. Cases have involved appeals to highest courts, and multiple reported decisions and every legal issue imaginable.
  • Representation of real estate investors in series of development disputes involving real estate investments, hotel developments and management contracts.
  • Representation of private equity funds in series of earn out disputes, commercial disputes and post-closing adjustments. 
  • Representation of RBS Securities and Greenwich Capital in repurchase and representation and warranty claims, and in cases brought both by trustees and by a monoline insurer. The representation produced a precedent setting opinion on damages recoverable when an insurer waived right to rescission in the underlying policy. Assured Guar. Mun. Corp. v. RBS Secs., Inc., 2014 U.S. Dist. LEXIS 63811, 2014 WL 1855766 (S.D.N.Y 2014).
  • Representation of the largest equity holder and mezzanine holder in RadioShack bankruptcy in a claim brought by a last out creditor in a unitranche facility claiming that a restructuring had violated the relevant intercreditor agreement. Obtained dismissal. In re RadioShack Corp., 550 B.R. 700, 2016 WL 2865125 (D. Del. Bankr. 2016).
  • Lead counsel in three-week trial in Delaware Chancery Court in representation of noteholders challenging buyout and financial restructuring to benefit a majority shareholder In re Loral Space and Communications Inc. Consolidated Litig., 2008 WL 4293781 (Del. Ch. 2008).

Disputes involving real estate lenders, joint ventures, partnerships, and mezzanine/junior lenders include:  

  • Representation of mezzanine lender in connection with senior lender’s efforts to enjoin a foreclosure sale by the mezzanine lender of the borrower’s pledged equity. After injunction and discovery, the client successfully exited the position. CSMSC 2007-C2 Broadway Portfolio II LLC v. OREP/Oxford HY Venture Funding, 4 L.P., No 652809/2011 (N.Y. Sup. Ct. Oct. 31, 2011).
  • Representation of minority owners of real estate venture in litigation challenging profit allocations and distribution under LLC agreement in which assets consisted of joint venture were multiple New York properties operated under various operating agreements; matter settled through complex sale of assets to redeem interests.
  • Representation of mezzanine lender in action challenging senior lender diversion of cash flow from waterfall used to pay mezzanine to fund other payments to senior lender. Matter settled after suit filed, and payments to mezzanine lender were resumed.
  • Representation of purchaser of real estate assets out of bankruptcy in connection with litigation challenging plan and real estate value; sale and plan confirmed over objection of senior lenders and upheld repeatedly on appeal. Ad Hoc Group of Timber Noteholders v. Pacific Lumber Co. (In re Scotia Pacific Co., LLC), 508 F.3d 214, 217 (5th Cir. 2007); In re Pacific Lumber Co., 584 F.3d 229 (5th Cir. 2009).

Commercial litigation and contract disputes for business, companies, individuals and private equity sponsors include:

  • Co-lead trial counsel for private equity portfolio company in connection with claims arising from industrial accident; trial resulted in largest damage award ever in Kentucky state court, including punitive and actual damages of $122 million, an NLJ Top 100 verdict for the year.
  • Representation of successor entity that purchased assets of a predecessor corporation in a bankruptcy sales process pursuant to a sale of the assets under Section 363 of the U.S. Bankruptcy Code. Sale was subsequently collaterally attacked and alleged to be collusive and improper. In an issue of first impression, the court rejected the collateral attack and declined to disturb the underlying sale. Neogenix Oncology, Inc. v. Gordon et al., No. 2:2014cv04427  (E.D.N.Y. Mar. 30, 2017).

Mr. Hail also has an active pro bono practice, and has represented indigents and prisoners, including having the dismissal of a habeas petition reversed by the Second Circuit. He has served on the Second Circuit’s CJA panel and has been recognized by two federal courts for his pro bono efforts. In addition, Mr. Hail is involved with various conservation organizations, including representing The Nature Conservancy pro bono in connection with a development proposed by the Trump Organization.

Professional Activities
Mr. Hail is a member of the New York State Bar Association, State Bar of Texas, Association of the Bar of the City of New York, Dallas Bar Association and Federal Bar Council. He has received awards for pro bono activities, and previously was a member of Second Circuit Court of Appeals CJA panel.
Professional Experience
Mr. Hail began his legal practice at the New York office of Cravath, Swaine & Moore. Immediately prior to joining Goodwin in 2007, he was a partner in the New York office of Haynes & Boone LLP.

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Credentials

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RÉFÉRENCES

专业资格

Education

J.D., 1992
University of Michigan

(cum laude)

B.A., 1989
Southern Methodist University

(cum laude)

B.B.A., 1989
Southern Methodist University

(cum laude)

Admissions

Bar

New York
Texas

Courts

U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Northern District of Texas
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Our clients rely on us for world-class advisory services, counsel on complex transactional work and high-stakes litigation. Specializing in matters involving the financial, life sciences, private equity, real estate, and technology industries, we use a collaborative, cross-disciplinary approach to resolve our clients’ most challenging issues. To find out more, please contact us.

Unsere Kunden verlassen sich auf unsere erstklassige Beratung, vor allem im Hinblick auf komplexe Transaktionen und High-Stakes-Prozesse. Spezialisiert auf Angelegenheiten der Finanz-, Life-Sciences-, Private-Equity-, Immobilien-und Technologie-Branchen, verwenden wir einen kooperativen und interdisziplinären Ansatz, um Fragen unserer Kunden auch in extremen Spezialsituationen einer Lösung zuzuführen. Sie wollen mehr erfahren? Kontaktieren Sie uns gerne.

Nos équipes interviennent aux côtés de nos clients, industriels, fonds d’investissement, startups, institutions financières et dirigeants, dans le cadre de transactions et de contentieux complexes, et apportent des conseils de tout premier plan dans les secteurs financiers, des Sciences de la Vie, du Private Equity, de l’immobilier et des technologies. Nous traitons les dossiers juridiques de manière intègre, ingénieuse, souple et audacieuse pour répondre efficacement aux enjeux propres à chacun de nos clients, quels que soient la taille de l’opération et le secteur d’activité. Pour en savoir plus, contactez-nous.

客户信赖我们世界一流的咨询服务,希望获得针对复杂事务性工作与高风险诉讼的建议。我们通过协作式、跨领域的工作方法来解决客户最棘手的问题,涵盖金融、生命科学、私募股权、不动产和技术等多个行业。如需更多信息,请与我们联系。

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