Brian T. Carney’s practice focuses on complex commercial litigation, class actions and bankruptcy litigation.
Practice & Background
Mr. Carney’s civil litigation experience includes representing private equity funds, hedge funds and their portfolio companies in a variety of civil litigation matters, including class actions and derivative litigation. He also has experience representing creditors and creditors’ committees in bankruptcy-related litigation.
In addition to his litigation experience, Mr. Carney has extensive experience in gaming regulatory matters. He has successfully led investment funds and their principals through the gaming licensing process in numerous U.S. and foreign jurisdictions. He is a member of the International Association of Gaming Advisors.
In 2014, Mr. Carney was named to Super Lawyers’ list of New York Metro Area Rising Stars.
Mr. Carney received his B.S. from Northwestern University’s Medill School of Journalism in 2002 and his J.D. magna cum laude in 2005 from Tulane Law School, where he was elected to the Order of the Coif and the Order of the Barristers. He served on the Moot Court Board and was champion of Tulane’s trial and appellate competitions. Mr. Carney served as a full-year judicial extern to the Honorable Lance M. Africk, a federal district judge in the Eastern District of Louisiana.
Mr. Carney’s recent representations include:
- In re Tribune Co. (Bankr. D. Del): represented the largest holder of pre-LBO debt of the Tribune Company in competing plan/9019 proceedings in a bankruptcy court trial
- The Vanderbilt Group, LLC v. The Dormitory Authority of the State of New York (N.Y. Supreme): represented a New York state agency in a jury trial on a $20 million breach-of-contract claim; unanimous jury verdict obtained for the client
- Roswell Capital Partners LLC v. Beshara (S.D.N.Y. and U.S. Court of Appeals for the 2nd Circuit): represented an investment fund in a lawsuit to foreclose on the assets of a defaulted borrower; obtained summary judgment for the client in trial court against a defendant who claimed a priming security interest; summary judgment upheld on appeal
- In re Eastman Kodak Co. (Bankr. S.D.N.Y.): represented an ad hoc group of second-lien noteholders in connection with the bankruptcy of Eastman Kodak Company
- In re The Majestic Star Casino, LLC (Bankr. D. Del.): represented the Official Committee of Unsecured Creditors in connection with the bankruptcy of The Majestic Star Casino
- In re Bridgeport Holdings, Inc. (Bankr. D. Del.): represented the Official Committee of Unsecured Creditors in connection with the bankruptcy of MicroWarehouse
- Shareholder Representative Services, LLC v. VisionChina Media, Inc. (N.Y. Supreme): represented a China-based investment fund in a $90 million-plus breach-of-contract claim
- ongoing representation of a global investment fund in connection with domestic and international gaming regulatory matters.
Class Action Experience
- Rodriguez v. The Cheesecake Factory Incorporated (E.D.N.Y.): secured dismissal with prejudice a putative consumer class action against a major restaurant chain alleging deceptive business practices
- In re Molycorp, Inc. Securities Litigation (D. Colo.): represented a private equity fund and its founding partner in a securities fraud class action; court dismissed all claims against clients
- In re Athlon Energy, Inc. Stockholder Litigation (Del. Ch.): represented a private equity fund in a putative class action arising from a tender offer and merger
- In re Great Wolf Resorts, Inc. Shareholders Litigation(Del. Ch.): represented a private equity fund in a putative class action arising from its purchase of Great Wolf Resorts
- In re: Tribune Co. Fraudulent Conveyance Litigation (S.D.N.Y.): represented litigation trustee and pre-LBO noteholders in a defendant class action seeking the return of fraudulently conveyed assets
- Jacobo, et al. v. Packaging Plus, LLC, et al. (Cal. Super. Ct.): represented the former private equity owner of a packaging solutions company in connection with a wage and hour class action.
Awards & Accolades
- Super Lawyers, New York Rising Star, 2014-2016.