Theresa Foudy serves as co-chair of the firm’s Distressed Real Estate Group and has over 25 years of experience representing clients in a wide range of complex commercial litigation, including class-action securities fraud, accounting fraud, white-collar criminal matters, and general commercial disputes. Theresa also has a particular focus in bankruptcy litigation and she has represented Chapter 11 debtors, creditors’ committees, indenture trustees, secured and unsecured creditors, private equity sponsors, independent directors, and distressed investors in all stages of bankruptcy.
Throughout her career, Theresa has worked on many of the United States’ largest and most complex bankruptcy cases, including serving as lead trial counsel in several of the most prominent bankruptcy matters of the last decade. She has advised clients on all types of bankruptcy-related disputes, including suits by or against bankrupt companies, investigations into what led to bankruptcy filings, avoidance actions, and litigation of reorganization plans.
Theresa’s representative high-profile matters include: serving as lead trial counsel for wholly owned subsidiaries of a multinational commodity trading and mining company as defendants in a four-day bench trial concerning the rejection of a lease to a power plant in an adversary proceeding before the U.S. Bankruptcy Court for the Southern District of Texas; serving as lead trial counsel for defendant directors in a 15-day bench trial on a creditors’ committee’s motion for standing to assert claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty in connection with the directors’ approval of a merger transaction and, after prevailing in the U.S. Bankruptcy Court for the Southern District of New York, handling the successful defense of subsequent appeals by the creditors’ committee to the District Court and U.S. Court of Appeals for the Second Circuit; and defending a private equity sponsor against clawback claims seeking over $350 million in dividends and management fees.