Practice Experience
For more than ten years, Mr. Baumstein has been representing clients in complex commercial litigation, with a focus on securities litigation and bankruptcy related litigation. His commercial representations include multiple representations of issuers in class action securities litigations, defense of class-action ERISA litigations and defense of putative class actions alleging breach of contract and RICO. Mr. Baumstein also represents clients in complex commercial disputes as well as in fiduciary litigation. In addition to United States-based companies, Mr. Baumstein has represented international clients in United States litigations from around the globe, including from the Netherlands, Brazil and India.
Mr. Baumstein's bankruptcy-related experience includes work on behalf of creditors, debtors and equityholders, including prosecution of claims by a senior secured creditor to pierce the corporate veil of a debtor, representing a debtor in a recharacterization dispute concerning a long-term operating lease of a power generating facility, representing a bondholder group in asserting intercompany fraudulent conveyance claims, prosecution and defense of claims and representation of clients in significant adversary proceedings alleging breach of contract and fraud. Mr. Baumstein has represented a client in connection with its successful prosecution at a contested hearing seeking formation of an equity committee, over the objection of all interested parties including the debtor, US Trustee and official committee of unsecured creditors. He has also successfully represented a client at trial in imposing an involuntary bankruptcy on a major real estate developer, resulting in a leading published decision. Mr. Baumstein has had litigation roles in such bankruptcies as Delphi, Mirant, Delta, Adelphia, Euro-American Lodging Corporation and United Pan-European Communications.
Bars and Courts
US District Courts for the Southern and Eastern Districts of New York, 1999
New York State Bar, 1998
Education
JD, New York University, 1997 BA, University of Pennsylvania, 1993
Professional Associations and Memberships
Association of the Bar of the City of New York
Publications
"Arbitration and Class Action Waivers in Public Offerings," Geschriften vanwege de Vereniging Corporate Litigation, 2005-2006
Languages
English
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