Robert Boller represents companies, partnerships and individuals in a variety of litigation and regulatory matters, with a particular focus on disputes arising out of complex financial transactions and investment activities. Mr. Boller also counsels creditors and creditors’ committees on litigation issues arising out of bankruptcy proceedings.
Practice & Background:
Mr. Boller has represented or advised clients in financial disputes related to partnership dissolution/liquidation, real estate financings, mortgage portfolio sales and securitizations, swaps and other derivative contracts, debt covenants, and trading in common and preferred equities, warrants, options, various types of debt structures, options, master limited partnerships (“MLPs”), trust preferred securities (“TPSs”), litigation tracking warrants (“LTWs”) and carbon emissions reduction credits (“CERs”).
Mr. Boller also regularly represents creditors and creditors’ committees in bankruptcy and restructuring-related litigation and adversary proceedings. Mr. Boller has litigated issues including contested plan confirmation, fraudulent transfer, asset turnover, make-whole disputes and valuation of claims.
In addition to representing clients in litigation in state and federal courts around the country, Mr. Boller has also advised individuals and organizations involved in investigations conducted by various government agencies and authorities, including the U.S. Department of Justice (DOJ), various United States Attorney’s Offices, various states’ Attorneys General, state agencies, the U.S. Customs and Immigration Service, the U.S. Securities and Exchange Commission (SEC), FINRA and the New York County District Attorney’s Office. He has also conducted internal investigations on behalf of companies and audit committees in the United States and abroad.
Frequently recognized for his commitment to providing pro bono legal services to the underprivileged and underrepresented, Mr. Boller has received the Outstanding Pro Bono Representation Award from the New York Legal Aid Society and the Commitment to Justice Award from Her Justice (formerly inMotion).
Commercial Disputes/Securities Litigation
- represented an international investment bank in litigation arising from sale of a $300 million mortgage portfolio and related interest swap agreements
- represented investment funds in multi-million dollar litigation with portfolio investment companies
- represented real estate developer in litigations arising out of $50 million in mezzanine financing
- represented limited partnership in litigation arising out of sale of $100 million worth of real estate
- represented limited partnership in dispute with investor arising out of fund liquidation and gate provision
- represented limited partnership involved in liquidation and sale of investment portfolio
- represented limited liability company member in connection with liquidation and wind-down of LLC
- represented client in litigation with broker-dealer.
- represented the Official Committee of Edison Mission Energy in all litigation matters
- represented of the Official Committee of Unsecured Creditors of Washington Mutual, Inc., in all litigation matters, including disputes related to confirmation, asset turnover, fraudulent transfers/preferences, and in various litigations related to Washington Mutual’s issuance of mortgage backed securities, Trust Preferred Securities and Litigation Tracking Warrants
- represented the WMI Liquidating Trust in post-confirmation fraudulent transfer litigation
- represented the Board of Directors of Ambassadors International, Inc., in litigation against bankruptcy trustee related to availability of proceeds of Directors and Officers insurance policy
- represented former director of bankrupt subprime lender in bankruptcy trustee investigation
- represented private equity fund in investigation/litigation arising out of portfolio company bankruptcy.
White Collar/Regulatory Matters
- represented limited liability company in investigation of investment activities by New York County district attorney
- represented company in federal criminal investigation related to allegations of wire fraud and bid rigging
- represented insurance company executives in SEC investigation related to reinsurance accounting
- represented hedge fund manager in SEC investigation arising out of portfolio company bankruptcy
- represented a company CEO in investigation by Department of Justice, Antitrust Division, related to alleged bribery and bid-rigging at federal CERCLA “Superfund” site
- represented hedge fund in SEC investigation related to the use of expert networks
- represented manufacturing company executive in SEC investigation of accounting and revenue recognition practices
- represented securities trader in an investigation by FBI and U.S. Attorney’s Office for SDNY related to market making in micro-cap securities
- represented hedge fund trader in joint investigation by SEC and FINRA related to trading in certain bonds
- represented asset manager in FINRA investigation related to trading in master limited partnerships.
- represented large international shipping company in internal investigation relating to alleged kickback/bribery scheme arising out of $250 million redevelopment project
- represented audit committee of a large public company in internal investigation arising out of allegations of embezzlement and insider trading by a member of senior management
- represented audit committee of a large public company in internal investigation arising out of allegations of accounting improprieties
- represented audit committee of a large public company in internal investigation arising out of allegations of improper loans and benefits provided to former CEO
- represented publicly traded company in internal investigation arising out of allegations of improper retaliation under Sarbanes-Oxley.
- “Significant Issues in Distressed Debt and Restructurings Explored,” The Knowledge Congress Live Webcast, July 22, 2015 (panelist)