David M. Zensky focuses on commercial litigation, with a concentration in complex bankruptcy matters, hedge fund/equity fund matters, partnership/investor disputes, trade secret disputes, franchise/licensing and insurance matters, and general commercial disputes.

Examples of Mr. Zensky’s recent and current engagements include—

Bankruptcy

• lead trial counsel to largest holder of pre-LBO debt of Tribune Company in competing plan/9019 proceedings (In re Tribune Company, Case No 08-13141, 2011 WL 5142420, Bankr. D. Del. Oct. 31, 2011)
• lead trial counsel to Official Committee of Unsecured Creditors of Chemtura Corporation (In re Chemtura Corp, 439 B.R. 561 (S.D.N.Y. 2010)
• lead trial counsel to holder of $2.6 billion of senior secured debt of Lyondell-Basell, Inc. in connection with avoidance litigation commenced by the Official Committee of Unsecured Creditors (In re Lyondell Chemical Company, Case No. 09-10023, Bankr. S.D.N.Y.)
• lead trial counsel to the Official Committee of Unsecured Creditors of Calpine Corporation. (In re Calpine Corp., 2007 WL 4565223 (Bank. S.D.N.Y. 2007) (confirming plan); In re Calpine Corp, 390 B.R. 508 (S.D.N.Y 2008) (affirming))
• lead trial counsel to the Official Committee of Unsecured Creditors of Exide Industries, Inc. (In re Exide, 303 B.R. 48 (Bankr. D. Del. 2003)(rejecting plan))
• counsel to the Official Committee of Unsecured Creditors of TOUSA, Inc.

Commercial Litigation

• lead counsel to hedge fund in class action litigation against its alleging commodities manipulation, antitrust and RICO claims in connection with NYMEX futures contracts
• counsel to major private equity fund in post-closing dispute arising out of sale of two portfolio companies
• counsel to a large Russian telecom company in a Delaware appraisal proceeding arising out a recent merger valued in excess of $4 billion (Global GT, LP v. Golden Telecom, 993 A. 2d 497 (Del. Ch. 2010))
• counsel to a major cable television programmer in a $1 billion dispute with a satellite television distributor
• defense counsel in successful dismissal of a consumer class action seeking damages and penalties of $1 billion against an e-commerce web-site (Haslam v. Federated Dep’t Stores, Inc., 2008 U.S. Dist. Lexis 68903 (S.D. Fla. May 8, 2008))
• counsel to a private equity fund and its managing directors in successfully avoiding the assertion of any claims against his client in civil and criminal investigations arising out of alleged Medicare fraud violations committed by an underlying portfolio company
• counsel to a leading content-based Web site in a trade secret and employment dispute against its main competitor following the competitor’s hiring away the senior architect of the company’s Web site.

Insurance Litigation

• counsel to a leading Financial Institutions insurer in connection with fidelity claims arising out of a major Ponzi scheme
• counsel to a leading excess insurer in a policy limits claim under a blended policy providing directors and officers, errors and omissions, and fidelity coverage.

Mr. Zensky received his B.A. with outstanding academic performance honors from the State University of New York at Binghamton in 1984 and his J.D. magna cum laude from Harvard Law School in 1987. He served as a law clerk to the Honorable Gary S. Stein, New Jersey Supreme Court, from 1987 to 1988.

Mr. Zensky was selected as a New York Super Lawyer for 2010.

Mr. Zensky is the author of “State RICO and the PSLRA,” The National Law Journal, (March 31, 2008), “The Law Works: Dealer Blocks Factory Demand for Arbitration,” Automotive News (April 2004) and is the co-author of “Reinsurance Litigation and Certain Statutes of Limitations Issues,” AsiaLaw (April 1996, special supplement). He was a presenter at the 6th Annual AIRA Advanced Restructuring and Plan of Reorganization Conference on Sept. 18, 2007, where he spoke on “New E-Discovery Rules and Bankruptcy Litigation,” a moderator at the 7th Annual AIRA Advanced Restructuring and Plan of Reorganization Conference on October 21, 2008, where he led a panel discussion entitled “Plan Valuation: Caselaw Update and Emerging Strategy and Tactics,” and a presenter at the 9th Annual AIRA Advanced Restructuring and Plan of Reorganization Conference on November 15, 2010 where he spoke on “Litigation in Complex Bankruptcies.”