Bradley R. Schneider

Experience

• Member of a trial team that successfully defended a major pharmaceutical company in a two-week AAA arbitration where plaintiff sought more than $100 million for an alleged breach of a “co-promotion” agreement for a highly successful drug.
• Represented Texas Competitive Holdings LLC (TCEH) group of companies in the Energy Future Holdings bankruptcy case.
• A law firm in securing a bankruptcy court’s ruling upholding legal release in favor of law firm and denying a former client leave to bring claim for legal malpractice.
• WeWork, Inc. at the direction of a Special Committee of independent directors of the board with regard to conflicts matters with related parties, including SoftBank Group and affiliates, and Adam Neumann.
• Berkshire Hathaway in various restructuring matters including as a bondholder and asset buyer in the Residential Capital bankruptcy, and the equity owner in the Whittaker Clark & Daniels bankruptcy cases.
• Pacific Gas & Electric and PG&E Corporation in their bankruptcy reorganization cases with respect to certain matters including regulatory matters, power purchase agreements and wildfire claims.
• An Am Law 100 firm and two of its partners in a malpractice claim.
• A law firm in winning district court affirmation of a bankruptcy judge’s ruling that the option had expired for a former client to remove legal releases it had granted the law firm in connection with the firm’s fee application to the U.S. Bankruptcy Court for the District of Delaware, as well as any follow-on lawsuit for legal malpractice.
• Hancock Park Capital II, L.P. and certain other defendants in an appeal before the United States Court of Appeals for the Ninth Circuit of the dismissal of an adversary proceeding brought by the Chapter 7 Trustee of Fitness Holdings International, Inc., alleging claims for recharacterization, fraudulent transfer, and brief of fiduciary duty. The Ninth Circuit affirmed the dismissal with prejudice of all claims against Mr. Schneider’s clients. See Leslie v. Hancock Park Capital II, L.P., 2016 WL 6599925 (9th Circ. Nov. 8, 2016). Mr. Schneider successfully briefed and argued for the dismissal of the trustee’s claims in the bankruptcy court.
• Wells Fargo Bank, N.A. against plaintiffs who alleged that Wells Fargo’s securities lending program made improper investments of cash collateral. Following a six-week trial in the United States District Court for the District of Minnesota, the jury returned a verdict for Wells Fargo on all counts.
• Warner Bros. in litigation with Charlie Sheen arising from Mr. Sheen’s termination from the series “Two and a Half Men.” Mr. Schneider took the lead in drafting Warner Bros.’s successful motion to compel arbitration and opposition to Mr. Sheen’s motion to enjoin the arbitration proceedings. The case settled shortly after the Los Angeles Superior Court granted Warner Bros.’ motion to compel arbitration, including the arbitration of Mr. Sheen’s defenses to the enforcement of his arbitration clause.
• Adelphia Communications Corp. against Motorola in a case arising from Motorola’s alleged aiding and abetting of fraudulent accounting practices at Adelphia. Mr. Schneider was part of the Munger Tolles team that tried the case in U.S. Bankruptcy Court for the Southern District of New York and, in a post-trial settlement, obtained a $68 million recovery for Adelphia’s estate.
• Covington & Burling LLP in a lawsuit filed by the liquidating debtor, Heller Ehrman LLP. The case involved allegations concerning 14 former Heller IP litigators who joined Covington in 2008. In addition, Heller asserted claims relating to California’s so-called “Jewel” doctrine. Under a settlement reached in July 2011, Heller agreed to retract all claims of wrongdoing against Covington and the former shareholders, who paid nothing for the release of these claims. Covington settled the Jewel claims on extremely favorable terms.
• Frank and Lorenzo Fertitta in the bankruptcy proceedings of Station Casinos Inc. and its affiliated debtors in successfully opposing (along with the debtor and other secured creditors) a motion by the Unsecured Creditors Committee to obtain standing to bring claims arising from Station’s 2008 leveraged buyout.
• A medical device manufacturer in seeking to estimate claims asserted against it by a rival firm after the firm obtained a jury verdict that forced the client into Chapter 11 bankruptcy. The estimation proceedings culminated in a settlement that set the stage for the client’s successful emergence from bankruptcy.
• The former independent directors of IndyMac Bancorp, Inc. and IndyMac Bank, F.S.B. in an adversary proceeding pending in U.S. Bankruptcy Court for the Central District of California.
• Abbott Laboratories Annuity Retirement Trust in fraudulent transfer litigation arising from the Tribune Company’s leveraged buyout.
• GenOn Mid-Atlantic, an electric power generation and distribution company, in its out-of-court restructuring of leveraged lease coal plants.
• Payless in its bankruptcy reorganization.
• Berry Petroleum in its bankruptcy reorganization and separation from Linn Energy.
• The Official Committee of Syms Equity Securities Holders in the Chapter 11 reorganization of Syms Corp./Filene’s Basement.

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