David Barrack joined the New York location of Fulbright & Jaworski L.L.P. in 2002.  David is a Co-Head of the firm's Subprime and Credit Crisis Practice Group.

David is an experienced business lawyer who practices both nationally and internationally in the areas of corporate restructuring, workouts, bankruptcy and insolvency, creditors' rights, commercial finance, corporate governance, business and commercial litigation, fiduciary duty litigation, fraud investigation and asset recovery.  David also has extensive experience in examiner and trustee representations.  David uses his extensive knowledge of bankruptcy law, practice and procedure, as well as his transactional and litigation and trial experience, to formulate creative solutions to achieve not just victories for clients, but resolutions that make business sense.

David is as comfortable in the courtroom as he is in the boardroom.  He regularly serves as lead transactional and litigation counsel.  David represents debtors, creditors and equity committees, investors, bondholders, secured and unsecured creditors and purchasers and sellers of assets in bankruptcy cases.  He has represented clients in multiple industries, including environmental management, real estate, oil and gas distribution, insurance, shipping, manufacturing and retail, among other industries.

Current and recent significant matters include:

Corporate Restructuring and Committee Representation

• Represented the largest privately held U.S. mailing list broker and servicing company in corporate finance transaction and Chapter 11 filing.
• Represented investment fund in enforcing defaulted mortgages in two related bankruptcy cases involving assisted living facility, including filing creditors’ plan of reorganization.
• Represented a renowned New York athletic club in Chapter 11 filing to prevent foreclosure of vulture fund. Tried contested confirmation hearing of mortgagors' plan; confirmation hearing stopped mid-trial by order of mandamus from District Court. Debtor's plan subsequently confirmed.
• Represented equity holders' committee in prepackaged Chapter 11 filing where defrauded shareholders received majority of new equity in restructured company. Confirmed plan in 90 days and established trust to pursue hundreds of millions of dollars in secreted assets.
• Represent creditors' committee (with over 60,000 creditors) in international bankruptcy case of U.K. business that ran deceptive consumer rebate program.
• Represented creditors as parties to executory contracts in Enron, Calpine, Delta, Northwest, Frontier, Delphi, Kmart and Adelphia.

Asset Sales and Acquisitions

• Represented venture fund in non-judicial foreclosure of secure debt of Gargoyles, Inc., a sunglass manufacturer, and then sale of business to Foster Grant.
• Represented Israeli telecommunications company in acquisition of VOIP company's assets, including intellectual property.
• Represented private equity fund in acquisition of software company under Chapter 11 plan of reorganization.
• Represented French venture fund in effort to purchase intellectual property for chip emulating assets of a Chapter 11 debtor.
• Represented venture fund in purchase of assets of U.S. telecommunications company’s assets and post-acquisition litigation.
• Represented software and hardware manufacturer in effort to purchase competitor’s assets. Prevented secured creditor and equity holder from obtaining bidding advantages through inflated claims.

Director/Officer, Fiduciary Duty, Fraud and Fraudulent Conveyance Litigation

• After a four-week bench trial, obtained dismissal of all claims against general counsel and officer of failed company in $350 million breach of fiduciary duty and fraud case.
• Favorably settled claims against former equity owner, officer and director of national mall retailers, Museum Co. and San Francisco Music Box Co., in breach of fiduciary duty case.
• Defended an American branch of a European bank in Enron bankruptcy case that invested in LJM2 in preference litigation to recover partnership distributions.
• Represent owners of coal mine in defense of breach of fiduciary duty allegations and equity and debt restructure.
• Represented Chapter 7 trustee for 10 years, prosecuting scores of cases and recovered tens of millions of dollars of breach of fiduciary duty, preference and fraudulent conveyance claims.

Examiner and Trustee Representation

• Represented Chapter 11 examiner in investigation of breaches of fiduciary duty, fraud and secretion of assets of Lancer Partners’ domestic and offshore hedge funds, with alleged value of $800 million.
• Represented examiner with expanded powers of oil and gas company. Succeeded on fraudulent conveyance and breach of fiduciary duty claims, settled claims with affiliated entities and confirmed Chapter 11 plan.
• Represented examiner in Chapter 11 case of then largest privately owned medical and hazardous waste transportation company in New York metropolitan area through confirmation of plan of liquidation.
• Represented Chapter 7 trustee of Colonial Realty Co., a Ponzi scheme case with more than $3 billion in real estate assets owned by 64 syndicated limited partnerships. Obtained first impression decisions in Second Circuit Court of Appeals on enforcement of automatic stay against quasi-governmental entity and defining outer limits of trustee’s right to prosecute claims on behalf of creditors. Oversaw prosecution of 1,200 adversary proceedings to recover preference and fraudulent conveyances.
• Represented trustee seeking to recover fraudulently transferred business and other assets after failed leverage buyout. Reported decision on determining insolvency under New York Debtor and Creditor Law and transfers to insiders.

Mass Tort

• Represented claims administrator of Dow Corning Settlement Trust, a $3 billion trust formed to pay claims of breast implant plaintiffs.

Other

• Represented national mall developer in Caldor, Inc., Family Golf, Inc., Peitrie, Inc. and Ames, Inc. Chapter 11 cases. In Caldor, recovered $2.4 million for client when most other sellers recovered nothing.

• American Bar Association
• American Bankruptcy Institute
  • Litigation Committee
  • ADR Committee - Education Director
  • Mass Tort Committee
• International Association of Restructuring, Insolvency, Bankruptcy Professionals (INSOL)
• Federal Bar Council
• New York State Bar Association
• New York Bankruptcy Pro Bono Panel

• Co-authored with David A. Rosenzweig, Andrea Schwartz and Jason L. Boland, "Intellectual Property Issues in Bankruptcy," Presented by Evelyn H. Biery at the 14th Annual Global Restructuring Conference, Stockholm, Sweden, 14 April 2008
• Co-authored with Johnathan C. Bolton, "Using Summary Judgment to Establish a Fraudulent Conveyance Bankruptcy," American Bankruptcy Institute Litigation Committee Newsletter, Volume 3, Number 3, June 2007
• "Recent Mass Tort Bankruptcy Cases Help to Define the Outer Limits of Bankruptcy Powers," American Bankruptcy Institute Mass Torts Committee Newsletter, Volume 3, Number 3, June 2005
• "Recent Decisions Alter Litigation Balance and Strategies in Director and Officer Breach of Fiduciary Duty Cases," American Bankruptcy Institute Litigation Committee Newsletter 

• "The Subprime Mortgage Crises: Causes, Forecasts and Legal Implications," Moderator, The Harvard Club, April 4, 2008 
• "Special Purpose and Bankruptcy Remote Vehicles," Moderator and Speaker, Moody's Corporation, November 1, 2007
• "Safe Harbor Provisions For Swaps and Repurchase Agreements,'" Moderator and Speaker, Moody's Corporation, October 18, 2007
• "Intellectual Property Issues in Bankruptcy: How to Protect Your Rights," Moderator and Speaker, Fulbright & Jaworski L.L.P., June 6, 2007
• "Issues in Bankruptcy That Can Hurt You, Current Preference Issues," Moderator and Speaker, Fulbright & Jaworski L.L.P., March 20, 2007

1989 -  J.D., magna cum laude, Western New England School of Law, Salutatorian
1986 - B.A., Economics and Political Science, State University of New York

David received the American Jurisprudence Awards in Constitutional Law and Health Care and Public Policy Law in 1988.  From 1989 to 1991, David was Law Clerk to the Honorable Edward D. Hayes, U.S. Bankruptcy Judge, Western District of New York.

David is admitted to practice law in New York and Connecticut.  He also is admitted to practice in the U.S. District Courts for the Southern and Northern Districts of New York and the District of Connecticut. 

David enjoys spending his free time with his family, fishing, skiing, listening to blues and is a big baseball fan.