Key Experience

  • Focuses on commercial litigation.
  • Concentration in complex bankruptcy matters, mergers and acquisitions disputes, partnership/investor disputes, trade secret disputes and insurance matters.

Practice

David Zensky has served as lead trial counsel in numerous high-stakes, multifaceted bankruptcy proceedings. He represents a variety of financial restructuring clients, including official creditors’ committees, ad hoc committees, debtors and individual creditors including hedge funds and institutional investors.

Representative Work

Bankruptcy:

  • Served as lead trial counsel to UMB Bank, N.A. Trustee to the Junior Secured Noteholders, rejecting claims of the Uniform Commercial Code (UCC) to recover alleged preferences and avoid liens, and to characterize original issue discount (OID) arising out of a fair value exchange as unmatured interest.
  • Acted as lead trial counsel to Aurelius Capital, second largest unsecured creditor, in NII bankruptcy litigation respecting the settlement of threatened estate and individual claims.

Commercial Litigation:

  • Acted as lead counsel to the defendant, a hedge fund in class action litigation alleging commodities manipulation, antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims in connection with New York Mercantile Exchange (NYMEX) futures contracts. Obtained a precedent-setting order dismissing the complaint based on its reference to a Commodity Futures Trading Commission (CFTC) consent settlement.
  • As lead counsel, represented the indenture trustees in a $3 billion nationwide shareholder clawback litigation arising out of the Tribune leveraged buyout.

Speeches

Public Service and Affiliations

Recognition