- Trial lawyer with extensive experience litigating complex commercial, corporate, securities and bankruptcy disputes.
- Regularly represents investment funds, fund professionals and portfolio companies, creditors’ committees, bondholders and ad hoc groups, and public companies and executives.
Mitch Hurley has over 20 years of experience handling a wide range of complex commercial and capital markets matters in federal district and bankruptcy courts, state courts and before domestic and international arbitral tribunals. He regularly litigates cases involving:
- Fraudulent conveyance and other debtor and creditor matters.
- Breach of fiduciary duty and illegal dividend and stock repurchase claims.
- Enterprise valuation disputes.
- Tortious interference and other business tort claims.
- Working capital and purchase price adjustment disputes.
- Securities and consumer fraud matters.
- Obtained $200 million settlement on behalf of unsecured creditors for breach of fiduciary duty and other claims arising in connection with the leveraged buyout of a public media company, including substantial “above limits” payments by directors and officers in excess of remaining insurance.
- Lead litigator representing the Official Committee of Unsecured Creditors of Insys Therapeutics, Inc., the maker of fentanyl-based pain reliever Subsys, including in connection with claims asserted by the U.S. Department of Justice, states, municipalities, hospitals, rate payers, personal injury plaintiffs and putative plaintiff classes and others relating to Insys’ sale and marketing of Subsys, and allegations concerning the national opioid crisis.
- Represented the Official Committee of Unsecured Creditors of Nine West Holdings, Inc. in connection with multi-billion dollar claims for breach of fiduciary duty, fraudulent conveyance and illegal stock repurchases and dividends against pre-petition board, sponsor and lenders arising from take-private leveraged buyout transactions.
- Served as lead trial counsel in a breach of fiduciary duty and stock valuation trial spanning three months in the New York State Commercial Division on behalf of private equity sponsor defendants. The trial featured cross-examinations exposing critical flaws in plaintiff’s discounted cash flow analysis and demonstrating that “cause” existed to terminate a former CEO’s employment. At the conclusion of trial, plaintiff agreed to settle claims that he initially valued at more than $100 million for less than the estimated amount of defendants’ fees to complete post-trial briefing.
- Acted as lead counsel defending breach of fiduciary duty, breach of operating agreement and fraud claims brought by a former investment professional against a $40 billion private equity fund. The case settled on favorable terms for the fund the night before the five-day arbitration hearing was scheduled to commence before a panel that included a former Chairman of the Securities and Exchange Commission and a former Delaware Supreme Court judge.