Key Experience

  • Trial lawyer with extensive experience litigating complex commercial, corporate, securities and bankruptcy disputes.
  • Regularly represents investment funds, fund professionals and portfolio companies, public companies and executives in state and federal court litigation and arbitrations, as well as debtors, creditors’ committees, bondholders,ad hoc groups and others in bankruptcy proceedings.

Practice

Mitch Hurley has over 20 years of experience handling a wide range of complex commercial and capital markets matters. 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.
  • Purchase price adjustment and other disputes arising from private M&A transactions.
  • Securities and consumer fraud matters.

Representative Work

  • 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 Official Committee of Unsecured Creditors of Purdue Pharma L.P., the maker of opioid-based drug Oxycontin, including in connection with claims asserted by states, municipalities, native American tribes, hospitals, insurance carriers, personal injury plaintiffs, putative plaintiff classes and others relating to Purdue’s sale and marketing of OxyContin, as well  as potential estate claims for fraudulent conveyance and breach of fiduciary duty, among others.
  • Obtained summary judgment from Delaware Chancery Court requiring submission of working capital purchase price adjustment disputes to independent accountant for determination pursuant to governing stock and asset purchase agreement.
  • Lead litigator representing Official Committee of Unsecured Creditors of Insys Therapeutics Inc., maker of fentanyl-based pain medication Subsys, including in connection with claims arising from national opioid crisis, and potential estate claims for fraudulent conveyance and breach of fiduciary duty, among others.
  • 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. 

Speeches

Recognition