Douglas Baumstein represents clients in complex commercial litigation, with a focus on securities and bankruptcy-related litigation. Clients also benefit from Douglas' trial experience before US federal and state courts.
Douglas' career includes multiple representations of issuers, officers, and directors in class action securities litigations. Recently, he obtained dismissal in full of securities law claims against German technology company, Aixtron. He also recently successfully argued in the Southern District of New York and, on appeal before the Second Circuit Court of Appeals, for a dismissal of all securities law claims against Dynegy's officers and directors arising out of actions they took to restructure Dynegy. Additionally, he represented Talbots in its successful bid to obtain dismissal of a securities fraud claim asserted against it. Douglas also led the representation of Aracruz (now Fibria Celulose) in its successful resolution of claims against it arising out of losses it suffered in connection with its purchases of foreign exchange derivatives. Douglas has also represented such companies as Royal Ahold, Presstek, Pitney Bowes, Cnova and ReWalk Robotics in securities class actions. He has also defended class-action ERISA litigations and class actions alleging breach of contract and RICO.
Douglas represents clients in complex commercial disputes and in fiduciary litigation. He represented U.S. Foods in a long running class action challenging pricing practices within the foodservice industry. In addition to domestic-based clients, international clients have benefited from Douglas' experience in United States-based litigations.
Douglas' bankruptcy-related engagements includes work on behalf of creditors, debtors and equityholders, and he has had litigated in such bankruptcies as Delphi, Mirant, Delta, Adelphia, Euro-American Lodging Corporation, Omega Navigation Enterprises, Lehman Brothers, General Maritime, Residential Capital, Primorsk International Shipping, SunEdison, United Pan-European Communications and Samson Resources. Recently, he successfully prosecuted a trial in bankruptcy court in the Southern District of Texas in the Winland Ocean Shipping case on behalf of senior secured lenders to obtain a lifting of the automatic stay so they could foreclose on the vessels securing their loans. Douglas also conducted a two-week long trial on behalf of junior secured noteholders in the Residential Capital bankruptcy and a one week long trial on behalf of a claimholder in the Lehman bankruptcy.
Douglas has appeared in court all over the country and is admitted to practice in New York and before the Second Circuit, Eleventh Circuit and Supreme Court.
Representation of Aixtron SE, German-based technology company, in a putative securities class action filed in the US District Court for the Southern District of New York. The complaint alleged that the company made misrepresentations and material omissions in press releases and SEC filings regarding the status of a large order of one of its products by a large Chinese customer that was eventually reduced substantially, resulting in a decline in the company's stock price. We obtained a dismissal of all claims against our client.
Douglas represented certain Dynegy officers and directors in a securities litigation concerning statements made in connection with Dynegy’s restructuring efforts. He obtained a complete dismissal of all claims.
Douglas represented The Talbots and certain of its officers and directors in obtaining a complete dismissal of all claims alleged in a putative class action securities litigation.
Douglas advised Royal Ahold and certain affiliates in Royal Ahold Securities and ERISA litigations. This was one of the largest multi-district litigation class action securities fraud/ERISA cases ever filed, involving billions of dollars.
Douglas worked with 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.
Douglas represented Fibria Celulose in putative class action litigation alleging securities violations arising out of losses Fibria incurred with respect to its foreign exchange derivative portfolio.
Douglas successfully represented Dynegy Holdings in Delaware Chancery Court concerning a challenged corporate reorganization.
Douglas advised Stop & Shop Supermarket Company in a long-running dispute with Vornado Realty Trust, which has included multiple hearings and a two-week bench trial.
Douglas advised JPMorgan Chase in a litigation concerning the allocation of tax benefits resulting from the plan of reorganization of an insolvent California insurer.
Douglas conducted a two-week trial on behalf of the junior secured noteholders of Residential Capital concerning issues as to the value of the noteholders’ security interests.
Douglas 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 the 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.
Douglas 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.
Douglas 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 to Chapter 7.
Class Certification Appeals Under Federal Rule of Civil Procedure 23(f): Delivering On the Promise of Expanded Class Action Review, Bloomberg BNA, 2014, (co-author with Andrew Spievack)
'Halliburton Co. v. Erica P. John Fund, Inc.': The US Supreme Court Confirms That Defendants in Securities Fraud Cases May Rebut Alleged Price Impact at the Class Certification Phase, June 2014
Arbitration and Class Action Waivers in Public Offerings, Geschriften vanwege de Vereniging Corporate Litigation, 2005–2006
According to The Legal 500 US 2014, Douglas "is recognized for his trial experience."