Howard O. Godnick

Howard O. Godnick is a partner in the New York office, focusing his practice in the areas of complex securities and commercial litigation, including class actions and corporate-control disputes, creditor rights litigation and accountant liability litigation. Howard has tried cases in federal district, bankruptcy and state courts throughout the country, including representing U.K.-based hedge fund The Children’s Investment Fund in its proxy battle with CSX Corp., which resulted in the election of four of TCI’s nominees to the board of directors. Over the course of almost 25 years of practice, Howard has successfully defended hedge and private equity funds, their portfolio companies, boards of directors and auditing firms in cases touching on every facet of their businesses, from commercial torts and RICO claims, proxy contests, common law and securities fraud claims, accountant liability claims, bankruptcy confirmation battles, breach of contract claims, preference actions, market manipulation and short-selling claims, and corporate governance disputes.

A magna cum laude graduate of New York Law School, where he graduated first in his class and was notes and comments editor of the New York Law Review, Howard was honored to receive that school's Distinguished Alumnus Award for his pro bono work on behalf of the victims of Hurricane Katrina. As lead counsel in McWaters v. FEMA, a class action to secure the temporary housing assistance to which Katrina evacuees were entitled by law, he successfully obtained injunctive relief against FEMA, preventing the agency from evicting tens of thousands of hurricane victims from their federally funded hotel rooms pending determinations on their applications for benefits. The precedent-setting case garnered other recognitions for Howard, including pro bono counsel awards from the National Law Center on Homelessness and Poverty, the Louisiana Bar Association and the Lawyers Committee for Civil Rights, and 2007 Trial Lawyer of the Year Award finalist from the Public Justice Foundation. Howard is a member of the Litigation Section of the American Bar Association, and is a member of the National Law Center on Homelessness and Poverty’s board of directors. Before law school, he was an actor, street mime and stand-up comic, appearing on Saturday Night Live from 1981 to 1983 as a regular extra and bit-part player.

Selected Representations

McWaters v. FEMA
Lead counsel in SRZ’s pro bono representation of the victims of Hurricane Katrina in their effort to secure the temporary housing assistance to which they are entitled. In this case of national significance, which garnered global television, radio and print media attention, SRZ successfully obtained injunctive relief against FEMA, enjoining the agency from evicting Katrina victims from hotels pending determinations on their applications for benefits.

CSX Corp. v. The Children's Investment Fund
Lead trial counsel on behalf of multi-billion dollar activist hedge fund in proxy contest resulting in four activist nominees being elected to the CSX board of directors.

Leslie Dick Worldwide Inc. v. Soros et. al.
Lead counsel on behalf of multi-billion dollar private equity fund in case alleging claims under RICO and antitrust statutes. Case discontinued against client following our filing of Rule 11 and dismissal motions.

Fisch v. SSA Global Technologies, Inc., et al.
Lead counsel on behalf of multibillion-dollar hedge fund in connection with putative class action arising out of the sale of a publicly traded corporation.

Fairfax Financial Holdings Ltd. v. S.A.C. Capital Management, L.L.C. et al.
Lead counsel on behalf of multibillion-dollar hedge fund in case alleging market manipulation/short-selling and seeking $5 billion in damages. Case dismissed against client.

May v. Coffey, et al.
Lead counsel on behalf of hedge fund in connection with corporate governance action alleging breaches of fiduciary duty. Motion to dismiss granted.

Kerr-McGee Proxy Contest
Lead counsel on behalf of multibillion-dollar hedge fund in proxy contest against Kerr-McGee Corporation, resulting in settlement in favor of client’s corporate initiatives.

In re Coram HealthcareCorp.
Lead counsel for multibillion-dollar hedge fund (senior creditor) in connection with battle over competing plans for confirmation. Won seven-month trial: Creditor-supported plan confirmed; Equity Committee plan rejected.

Enrich Corp.
Lead counsel in connection with purchase price adjustment dispute. Matter settled.

In re Pen Holdings
Lead counsel for senior creditor in connection with battle over competing plans of confirmation. Case settled.

CIBC/Livent Inc.
Lead counsel for Canadian Imperial Bank of Commerce in connection with 22 class actions commenced in the United States by various shareholders and noteholders arising out of the financial collapse of Livent Inc., a vertically integrated Canadian theatrical production company, which produced Ragtime, Fosse, Showboat, Sunset Boulevard and other productions. All actions settled.

Furst v. Feinberg, et al.
Lead counsel on behalf of multibillion-dollar hedge fund and its senior officer in connection with securities fraud litigation arising out of the bankruptcy of Coram Healthcare Corp; case dismissed with prejudice, affirmed by Third Circuit Court of Appeals, Cert. Denied by United States Supreme Court.

AUSA Life Insurance Co. et al. v. Ernst & Young, 991 F. Supp. 234 (S.D.N.Y. 1997)
Co-lead counsel on behalf of Ernst & Young in a three-month bench trial in the Southern District of New York against claims of securities and common law fraud and negligence asserted by nine institutional lenders, including Prudential Life Insurance Company, seeking more that $100 million in damages; verdict in favor of Ernst & Young was entered based on plaintiffs’ failure to prove loss causation and privity.

In re JWP Inc. Shareholder Litigation
Represented Ernst & Young in connection with shareholder litigation arising out of the bankruptcy of JWP, Inc. Case settled.

Jester v. Toys “R” Us; Murphy v. Toys “R” Us
Defended Toys “R” Us in two putative class actions alleging improper sales tax practices. Successful in enacting state legislation effectively mooting one action; plaintiffs voluntarily withdrew case with prejudice; second action dismissed on motion.

Selected Publications

Selected Speaking Engagements

Memberships

American Bar Association
   Litigation Section

Other Distinctions

Awards and recognition for work on behalf of the victims of Hurricane Katrina, including:

• Finalist, Public Justice Foundation's 2007 Trial Lawyer of the Year Award
• National Law Center on Homelessness and Poverty's Pro Bono
  Counsel Award
• New York Law School Law Review's Distinguished Alumnus Award
• Louisiana Bar Association's Pro Bono Award (The first time a law firm from outside Louisiana was so honored)
• Lawyers Committee for Civil Rights' Pro Bono Award

Bar Admissions

• New York

Court Admissions

• U.S. Supreme Court 1986
• U.S. Court of Appeals, Second Circuit 1986
• U.S. District Court, Southern District of New York 1986
• U.S. District Court, Eastern District of New York 1986
• U.S. District Court, District of Colorado 1986
• U.S. District Court, Eastern District of Michigan 1986

Education