Dustin P. Smith

Dustin P. Smith is a partner in the firm's Corporate Reorganization and Litigation departments, where he focuses on bankruptcy, restructuring, and commercial litigation.

Dustin’s diverse restructuring practice includes the representation of financial institutions, debtors, and creditors in a wide range of matters, including in and out-of-court restructurings, liability management exercises, debtor-in-possession financing, asset sales and acquisitions, and bankruptcy litigation, including avoidance actions. Dustin also provides bankruptcy advice in connection with financing transactions.

Dustin has significant experience in leading bankruptcy related investigations and issuing public facing reports. He served as lead counsel to the court-appointed examiner in the Weiss Multi-Strategy Advisers bankruptcy case, and coordinated the teams that investigated the events leading to the failure of Lehman Brothers Inc. and MF Global Inc. bankruptcies and was a principal drafter of the public reports for these cases.

Dustin’s litigation practice is focused on complex commercial and securities litigation. Dustin has significant experience in complex cross-border litigation, including the representation of sovereigns in significant fraud cases. Dustin’s current representations include the Danish tax authority as plaintiff in efforts to recover proceeds of a $2 billion fraud.

Dustin also serves as the co-chair of the firm’s Pro Bono Committee and maintains an active pro bono practice focused on immigration matters, civil rights, and access to justice issues.

• In re Skat Tax Refund Scheme Litigation: Represented Danish tax authority in federal and state courts seeking to recover over $2 billion wrongfully obtained through a scheme involving fraudulent tax refund claims, including obtaining an over $500 million jury verdict.
• In re Weiss: Served as lead counsel to the examiner in the Weiss Multi-Strategy Advisers bankruptcy case.
• Gemini Trust Company, LLC: Represented Gemini in connection with the bankruptcy of Genesis Global Capital, ultimately helping Gemini achieve a $2.2 billion distribution of assets to its 232,000 users, representing an over 200% recovery event overall.
• Various Financial Institutions: Advise on cooperation agreements, transaction support agreements, exchange agreements, and related credit agreements.
• In re Imerys Talc America Inc.: Counsel to Imerys S.A., a French mining company, in connection with the Chapter 11 bankruptcy of certain of its U.S. talc mining subsidiaries.
• MF Global Inc.: Counsel for the trustee for the liquidation of MF Global Inc. Dustin was a key member of the team that effectuated the transfer of billions of dollars in open commodity contract positions and collateral from MF Global to other futures commissions merchants shortly after that troubled firm's collapse. He was also a member of the team that investigated the events leading to the shortfall of customer property at MF Global Inc., and that authored the Report of the Trustee's Investigation and Recommendations, dated June 4, 2012, which was filed with the Bankruptcy Court and was widely disseminated. He was one of the primary counsel to the trustee responsible for affirmative litigation in connection with MF Global Inc., including the recovery of missing customer funds. He also coordinated the review and determination of over 6,000 claims filed against MF Global’s general estate.
• Lehman Brothers Inc.: Counsel to the trustee for the liquidation of Lehman Brothers Inc., the largest stockbroker ever to fail. Dustin was a key member of the team that investigated the clearing bank for Lehman Brothers Inc., which resulted in an $860 million settlement on behalf of the trustee. He was also a member of the team that reached a negotiated settlement with a European affiliate that resulted in the resolution of billions in claims between the parties. Dustin has also handled various other disputes on behalf of the trustee with other Lehman affiliates and third parties.
• In re Ultrapetrol (Bahamas) Ltd.: Debtor’s counsel in the prepackaged Chapter 11 restructuring of international shipping and service company that operates in seven jurisdictions globally.
• In re Republic Airways Holdings Inc.: Debtors’ counsel in the $3.5 billion Chapter 11 restructuring of regional airline.
• In re Patriot National Inc.: Debtor’s counsel in the pre-negotiated Chapter 11 restructuring of an insurance service company.
• In re Sears Holdings Corp.: Counsel to the Honorable J. Douglas Cunningham Q.C., the litigation trustee for Sears Canada Inc., in connection with the cross-border aspects of his claims against ESL Investments.
• In re Oneweb: Counsel to Airbus Oneweb Satellites LLC, the Florida and France based manufacturer of satellites for the Oneweb enterprise, through its restructuring and as a counterparty and principal supplier to the successful $2 billion chapter 11 Proceeding of Oneweb.
• Hermitage Offshore: Represented: DNB BankASA and Skandinaviska Enskilda Banken (SEB) as secured lenders, chapter 11 lenders, and eventual purchasers of the debtors’ assets, including in connection with the lenders’ subsequent resale of the assets.
• In re Affiliated Media Inc.: Debtor’s counsel in a prepackaged bankruptcy of the second-largest newspaper publisher in the US, which resulted in the acceptance of the prepackaged plan by virtually all creditors, and the confirmation of the plan in 41 days.
• In re Worldwide Transportation Services Inc.: Counsel to a secured lender, a debtor-in-possession (DIP) lender, and an acquirer of substantial assets pursuant to Section 363 of the Bankruptcy Code.
• In re Takata: Representation of Daicel Corp. as the potential multi-billion dollar 363 purchaser and critical vendor creditor in the cross-border Chapter 11 of Takata.
• In re Doral Financial Corp.: Representation of the Federal Deposit Insurance Corp. in its capacity as receiver for Doral Bank and as interested party in the Chapter 11 proceeding of its parent holding corporation.
• Banco do Brasil: Counsel to secured creditor in the bankruptcy proceedings of a plastics manufacturer.
• In re Spectrawatt Inc.: Counsel to a UK company in the recovery of 100 percent of its advance payments following the failure of a US solar producer.
• Government of Ontario: Representation of the government of Ontario in the Chrysler and General Motors Chapter 11 cases.
• Representation of a variety of financial institutions and other entities as creditors in bankruptcy cases, loan default proceedings and out-of-court restructurings.