Practice Expertise

  • Bankruptcy, Restructuring and Creditors’ ...
  • Litigation
  • Retail and Consumer Products Litigation
  •  

Areas of Practice

  • Bankruptcy, Restructuring and Creditors’ ...
  • Litigation
  • Retail and Consumer Products Litigation
  • Commercial Litigation
  • White Collar Defense and Internal ...
  • White Collar, Regulatory Defense and ...
  • View More

Profile

Dain is an experienced litigator whose practice focuses on commercial litigation, investigations, and business disputes. He also has significant experience handling bankruptcy, regulatory, and restructuring matters, leveraging deal-side and court experience to achieve client objectives.

Dain is an experienced trial and appellate litigator and handles a variety of legal matters, including commercial, corporate and financial litigation at the federal and state levels. He has successfully handled litigation proceedings at every stage, representing clients in matters in state and federal trial and bankruptcy courts through the US Supreme Court.

Dain also has substantial experience representing debtors, creditors, lenders, and other parties in interest in all aspects of complex chapter 11 reorganizations and adversary proceeding litigation.

As part of his practice, Dain also handles internal investigations, regulatory and enforcement proceedings, and compliance matters, including with respect to the Foreign Corrupt Practices Act, financial services laws and regulations, and distribution and data management matters.

Prior to joining the firm, Dain practiced with Skadden, Arps, Slate, Meagher & Flom LLP. He also served as law clerk to the Honorable Christopher S. Sontchi in the US Bankruptcy Court for the District of Delaware.

Dain is admitted to practice before the US Supreme Court, the US Court of Appeals for the Second Circuit, the US Court of Appeals for the Third Circuit, the US Court of Appeals for the Eleventh Circuit, the US District Court for the Southern District of Florida, the US District Court for the Middle District of Florida, and the US District Court for the District of Delaware.

Relevant Experience

  • Represented financial institution in defense of lawsuit alleging fraudulent transfers and tort liability in the US Bankruptcy Court and District Court through the US Court of Appeals for the Eleventh Circuit.
  • Represented European financial institution in connection with trial court and appellate proceedings.
  • Represented mortgage servicers in connection with defense of individual and class action claims.
  • Represented leading testing and logistics company in defense of complaint brought in US District Court for the Southern District of Florida.
  • Represented financial institutions and their employees in enforcement negotiations and investigations before regulatory authorities.
  • Represented corporation in US Court of Appeals for the Second Circuit and obtained reversal in the Court of Appeals in a published opinion, Statek Corp. v. Dev. Specialists, Inc. (In re Coudert Bros. LLP), 809 F.3d 94 (2d Cir. 2015).
  • Represented limited liability partnership in litigation and contested proceedings successful at each level from trial court through the US Supreme Court.
  • Represented Delaware corporation in connection with successful state court litigation involving corporate disputes and allegations of business torts.
  • Represented a leading diagnostic testing provider in defending direct appeal to US Court of Appeals for the Third Circuit from a $1.2 billion restructuring.
  • Represented limited liability corporation in connection with construction and lien litigation, including dispositive motion, discovery, and deposition practice.
  • Represented international airline in federal litigation involving allegations of breach of contract.
  • Represented fortune 100 company in lawsuit alleging fraudulent transfers.
  • Represented and advised companies in connection with e-discovery, litigation/deal planning and risk analysis, and general corporate matters.
  • Represented lenders, secured creditors, investors, and financial institutions in connection with financings, distressed transactions, and any related disputes.
  • Represented businesses, including fortune 100 and 500 companies, in connection with all aspects of chapter 11 proceedings, contested matters, and adversary proceeding litigation, including debtors, lenders, asset-purchasers, creditors, and other parties in interest. Representations have included advising in prearranged, prepackaged, and traditional reorganizations and acquisitions of businesses in a variety of industries, including retail, oil and gas, pharmaceuticals, consumer products, and financial services.

Education
AB, University of Miami, Phi Beta Kappa, 2008

Areas of Practice

  • Bankruptcy, Restructuring and Creditors’ Rights
  • Litigation
  • Retail and Consumer Products Litigation
  • Commercial Litigation
  • White Collar Defense and Internal Investigations
  • White Collar, Regulatory Defense and Investigations

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