Jeffrey R. Goldfine

Carvana Co., the leading e-commerce platform for buying and selling used cars, advising in various capital markets transactions, including an exchange offer for up to $1 billion of Carvana’s five tranches of unsecured notes and related transactions.

Boardriders, Inc., owner of apparel brands Quiksilver and Billabong, in litigation arising from a debt financing transaction that provided over $110 million in crucial liquidity to the company in order to weather the disruption caused by the COVID-19 pandemic.

J.Crew Group in defeating expedited challenges by senior term lenders seeking to block complex “liability management” transactions involving J.Crew’s intellectual property and defending remaining litigation in New York state court asserting breach of governing credit agreements and intentional fraudulent conveyance. In 2019, won a favorable appellate court decision confirming complete dismissal of plaintiffs’ fraudulent conveyance claim based on standing-related provisions in the underlying credit agreement; the first decision of its kind.

Urban Compass, the nation’s largest independent real estate firm, and its founder in a trade secrets lawsuit filed in New York State Supreme Court brought by an individual claiming to be a Compass founder and seeking $200M+ in founders’ equity.

BC Partners in a shareholder class action filed in the Delaware Chancery Court arising out of its proposed $2.1 billion acquisition of Presidio.

Vista Equity Partners and its portfolio company Mindbody, defending in shareholder class action and a related appraisal action in the Delaware Chancery Court challenging Vista’s $1.9 billion take-private acquisition of Mindbody.

JELD-WEN and certain executives, defended in a securities class action filed in Virginia federal court arising from price-fixing allegations and related lawsuits. Settlement achieved in 2021.

Bristol-Myers Squibb and its subsidiary Celgene Corporation, in litigation regarding competing breach of contract claims arising from a development agreement for a potential drug.

U.S. Silica, defended in litigation filed in the Delaware Court of Chancery concerning a shareholder books and records demand arising out of the company’s $750 million acquisition of EP Minerals. Plaintiff voluntarily dismissed the case.

CEO of Benefitfocus, defending in a lawsuit brought in New Jersey federal court by ADP, alleging breaches of restrictive covenant agreements. Defeated ADP’s request for a TRO and preliminary injunction in May 2021 and appeal thereof.

Neiman Marcus, represented in lawsuits in New York and Texas state courts seeking to unwind the distribution of an international online business to equity sponsors as a fraudulent transfer. The Texas court granted Neiman Marcus’ motion to dismiss Marble Ridge’s claims with prejudice on standing grounds and denied Marble Ridge’s motion to dismiss Neiman Marcus’ counterclaims for defamation and business disparagement as violating the First Amendment under the Texas Citizens Participation Act. Affirmed on appeal. The New York court dismissed Marble Ridge’s subsequent suit for failure to comply with the indenture’s no-action requirements before filing suit.

Neiman Marcus Group and 23 of its affiliates, represented in its Chapter 11 bankruptcy and in related litigation proceedings, including an adversary case alleging breach of fiduciary duty and bid meddling by one of its unsecured creditors. In 2020, NMG emerged from Chapter 11, successfully completing its restructuring of over $5.5 billion of funded indebtedness in under five months and becoming the first known retailer to have restructured over $5 billion of debt. A settlement was achieved in the adversary case in 2021.

Independent directors and the CEO of Infrastructure and Energy Alternatives in shareholder litigation challenging certain equity transactions undertaken by the company.

A private equity fund and its portfolio company, representing in an arbitration alleging breach of contract related to a joint venture.

M&G Chemicals Brasil and its private equity affiliates in restructuring proceedings, including adversary proceeding seeking imposition of a constructive trust over cash proceeds from sales of chemical resins consigned to debtor at time of Chapter 11 filing.

TPG Parish Holdings, LP, owner of an interest in UTC Laboratories, LLC, in a breach of contract action brought by former UTC employees that alleged they were entitled to various payments from UTC. The parties reached a settlement in 2019.

IPC Systems, Inc, a leading global provider of secure, compliant communications and networking solutions for the global financial markets, in a comprehensive out-of-court restructuring. The transaction reduced IPC’s leverage by over $400 million, extended its debt maturity schedule by 5 years, and provided $125 million of new capital.

Sungard AS Capital, Inc. and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court of the Southern District of New York, in the fastest Chapter 11 case in history. Sungard AS obtained confirmation in less than 19 hours on May 2, 2019. In addition, Sungard AS emerged from Chapter 11 faster than any company in history—staying in Chapter 11 for less than 48 hours. Sungard AS, a provider of availability and recovery services, had approximately $1.26 billion in funded debt at the commencement of its chapter 11 cases and deleveraged by over $900 million upon emergence.

FullBeauty Brands Holdings Corp. and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court of the Southern District of New York. FullBeauty is an online plus-size apparel retailer that had $1.27 billion in funded debt at the commencement of filing. This was the first Chapter 11 case in history to obtain confirmation of a prepackaged Chapter 11 plan in less than 24 hours on February 4, 2019. FullBeauty emerged shortly thereafter on February 7, 2019.

Acosta, Inc., a multinational sales and marketing company, in its prepackaged restructuring of $3 billion of indebtedness and in related litigation proceedings. Acosta won confirmation in 2019, just 15 days after its bankruptcy filing. At the time, it was the fastest Delaware bankruptcy for a case of its size.