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New York

T(212) 542-3377

Education

  • J.D., cum laude, University of Michigan Law School

  • B.B.A., cum laude, Southern Methodist University

  • B.A., cum laude, Southern Methodist University

Bar Admissions

  • New York

  • Texas

Court Admissions

  • U.S. Court of Appeals for the Second Circuit

  • U.S. Court of Appeals for the Fifth Circuit

  • U.S. District Court for the Southern District of New York

  • U.S. District Court for the Eastern District of New York

  • U.S. District Court for the Northern District of Texas

Industries

Brian D. Hail

Partner

Brian is a partner in the New York office and a member of the litigation practice group. With over 20 years of experience as a first chair trial lawyer, Brian specializes in complex disputes related to financial products, corporate transactions, governance and capital funding. His diverse client base includes companies, financial institutions, investors, joint ventures, and financial funds, ranging from large national banks to family offices and portfolio companies.

  • Representation of a hedge fund in connection with rights to exercise warrants after a deSPAC transaction. After expedited discovery, client granted summary judgment and judgment over $50 million entered in client's favor.*
  • Representation of a large manufacturer in complex commercial dispute involving a “bet the company” case after alleged fraud and contractual price overcharge. Case involved a multi-decade time period of electronic and paper discovery, expert testimony, and briefing. Case dismissed at summary adjudication prior to trial, with no settlement offer made or received.*
  • Representation of a luxury hospitality brand in multi-week arbitration in connection with claims asserted by the owner of the company’s namesake hotel. The asserted damage claim exceeded $100 million, as well as an attempt to terminate the management contract. After a multi-week international arbitration involving proceedings in two countries, arbitration panel unanimously found for the client.*
  • In a case spanning over a decade, representation of the nation’s largest mortgage originator and sponsor in a series of lawsuits by monoline insurers seeking repayment of $10 billion relating to Residential Mortgage-Backed Securities (RMBS) loan origination, securitization structure, rights and remedies of sponsor, trustee, noteholders, and insurers. Cases have involved appeals to the state’s highest courts, multiple reported decisions and legal issues from discovery to making contract and tort.*
  • Representation of real estate investors in a series of development disputes involving real estate investments, hotel developments, and management contracts.*
  • Representation of the largest equity holder and mezzanine holder in RadioShack bankruptcy in a claim brought by a last-out creditor in a unitranche facility claiming that a restructuring had violated the relevant intercreditor agreement. Obtained dismissal. In re RadioShack Corp., 550 B.R. 700, WL 2865125 (D. Del. Bankr. 2016).*
  • Lead counsel in a three-week trial in Delaware Chancery Court in the representation of noteholders challenging buyout and financial restructuring to benefit a majority shareholder. In re Loral Space and Communications Inc. Consolidated Litig., 2008 WL 4293781 (Del. Ch. 2008).*
  • Matter handled prior to joining Allen Matkins.

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