White & Case
  Douglas P. Baumstein
Partner
New York

T: + 1 212 819 8586
F: + 1 212 354 8113
E:
Practice Experience
For the past fifteen years, Mr. Baumstein has been representing clients in complex commercial litigation, with a focus on securities litigation and bankruptcy related litigation. Mr. Baumstein has extensive trial experience before US federal and state courts. His commercial representations include multiple representations of issuers in class action securities litigations such as Royal Ahold, Presstek, Pitney Bowes and Fibria Celulose. He also has defended class-action ERISA litigations and putative class actions alleging breach of contract and RICO. Mr. Baumstein also represents clients in complex commercial disputes as well as in fiduciary litigation and has had significant involvement in several white collar investigations conducted by the SEC. In addition to representing domestic-based clients, Mr. Baumstein has considerable experience in representing international clients in United States based litigations.

Among Mr. Baumstein's commercial litigation representations are:
  • Mr. Baumstein represented Royal Ahold and certain affiliates in Royal Ahold Securities and ERISA litigations, among the largest multi-district litigation class action securities fraud/ERISA cases ever filed, involving billions of dollars.
  • Mr. Baumstein represents US Foods in In re USF Pricing Litigation, a multi-district litigation class action pending in federal court in Connecticut challenging industry-wide putative pricing practices.
  • Mr. Baumstein successfully represented Dynegy Holdings in Delaware Chancery Court concerning a challenged corporate reorganization.
  • Mr. Baumstein represents Stop & Shop Supermarket Company in a long running dispute with Vornado Realty Trust which has included multiple hearings and a two-week bench trial.

Mr. Baumstein's bankruptcy-related experience includes work on behalf of creditors, debtors and equityholders. Mr. Baumstein has had litigation roles in such bankruptcies as Delphi, Mirant, Delta, Adelphia, Euro-American Lodging Corporation, Omega Navigation Enterprises, General Maritime and United Pan-European Communications.
  • Mr. Baumtein represented the major shareholders in the Delphi bankruptcy, and was successful in obtaining an order for the formation of an equity committee, over the objections of the debtors, the creditors committee, the lenders and the US Trustee. He then represented defendants in a highly publicized, cutting-edge action seeking to compel specific performance of a US$2.5 billion equity investment in Delphi, and asserting numerous other tort, contract and statutory claims.
  • Mr. Baumstein prevailed at trial in imposing an involuntary bankruptcy on a major real estate developer to sell the Flatotel in New York City, resulting in a leading published decision.
  • Mr. Baumstein conducted a week long trial in connection with the motion of the senior secured lenders of an international shipping company to convert a Chapter 11 case of to Chapter 7.

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