Alan R. Glickman practices in the areas of complex commercial, securities, shareholder derivative, accountants’ liability, intellectual property, class action defense, mergers & acquisitions, and bankruptcy and creditors’ rights litigation. Some of his significant cases include representing a large private equity fund in defending against a claim that it improperly invoked a material adverse change clause in terminating a billion-dollar agreement to acquire portions of a hotel chain in bankruptcy proceedings (In re Innkeepers USA Trust); the defense of a former senior executive of Bear Stearns in class actions brought in the wake of the firm’s collapse and acquisition (In re Bear Stearns Securities and Derivative Litigation); representation of creditors in bankruptcy litigation (In re Downey Financial Corp., In re Colonial BancGroup Inc., In re Doral Financial Corporation and In re Washington Mutual Inc.); and the defense of a major Olympic international sports federation in an antitrust litigation (WSF v. International Skating Union). Alan also has conducted a number of internal investigations, including on behalf of the boards of directors of a major pharmaceutical company and a major food wholesaler/distributor relating to alleged accounting improprieties.

In practice for more than 35 years, Alan is listed as a leading litigator in Best Lawyers in AmericaThe Legal 500 US and New York Super Lawyers. Alan received his B.A., cum laude, from Harvard University in 1977, and graduated from New York University School of Law, where he was editor of the Moot Court Board, in 1980.

Representations

Litigation

In re Downey Financial Corp.: Represented Wilmington Trust Co. in litigation to establish ownership of an expected tax refund of over $400 million for the bankruptcy estate of Downey Financial Corp.

In re Bear Stearns Securities Litigation: Represent former Bear Stearns chairman Alan Greenberg in defense of various actions brought in the wake of Bear Stearns’ collapse.

In re Innkeepers USA Trust: Represented large private equity fund in defense of claim that it improperly invoked material adverse change clause in terminating billion dollar agreement to acquire portions of hotel chain in bankruptcy proceedings.

In re Washington Mutual Inc.: Represented hedge fund in defense of claim that it engaged in improper insider trading in connection with the securities of bankrupt banking institution.

In Re Colonial BancGroup Inc.: Counsel to creditors’ committee in bankruptcy case filed by bank holding company. Conducted defense on behalf of committee of $1-billion claim by the FDIC asserting that holding company committed to maintain the capital of its bank subsidiary.

In re Digital Domain Media Group: Counseling prepetition first lien lenders and DIP lenders regarding litigation issues.

FBOP Corporation: Provided litigation advice to ad hoc committee of subordinated noteholder of bank holding company.

In re MES International Inc.: Counsel to creditors in bankruptcy of leading laser technology company in litigation over the feasibility of a proposed plan of reorganization.

In re U.S. Shipping Partners L.P.: Represented partner and creditor of bankrupt limited partnership that owned and operated Jones Act oil tankers. Conducted defense of litigation relating to the conduct and financing of the partnership.

In re SGP Acquisition LLC: Represented international sports equipment manufacturer in litigation with its bankrupt U.S. licensee.

In re Hagerstown Fiber Limited Partnership: Represented trustee in bankruptcy in action to recover tens of millions of dollars lost in connection with the financing and construction of a paper de-inking facility.

Symbol v. PSC Inc.: Represented leading manufacturer of laser bar code scanning equipment in defending claim for breach of supply contract in litigation ancillary to bankruptcy reorganization.

In re Intershop Litigation: Represented three investment banks in defending against class action claims relating to alleged misstatements in connection with a securities offering.

Rush v. Footstar: Represented chief financial officer in defending class action which asserts securities fraud claims in the wake of footwear manufacturer’s disclosure of accounting irregularities.

WSF v. International Skating Union: Represented Olympic skating federation in action alleging violation of the U.S. antitrust laws in connection with sponsorship of international figure skating competitions.

In re Ames Debenture and Note Litigations: Defended former big six accounting firm in federal securities class actions arising out of the bankruptcy of Ames Department Stores.

Green v. Metrocall: Represented one of the nation’s largest wireless paging providers and its directors in defense of class action alleging breaches of fiduciary duty in connection with announced merger.

Bodley v. REA Holdings (S.D.N.Y.): Represented financier in action with respect to a joint venture to extract palm oil in Indonesia.

Lasalle National Bank v. Duff & Phelps, et al.: Represented over twenty institutional holders of a total of $200 million in bonds of Towers Financial Services in a federal court action against, among others, a national rating agency (951 F. Supp. 1071.).

Hyde Athletic Industries Inc. (aka Saucony) v. Jones and Reebok: Obtained preliminary injunction on behalf of manufacturer of Saucony running shoes against Reebok in action relating to dispute over endorsement rights to an international triathlon champion (Wall Street Journal, 3/26/96, at B14.).

Hoechst Marion Roussell Inc. v. Faulding Inc.: Represented generic drug manufacturer in intellectual property dispute involving claims of patent infringement and entitlement to proceeds with respect to heart medication.

Citibank v. Nyland: Represented Citibank as mortgagee in what was the largest foreclosure action in New York City history, involving the purportedly Marcos-owned 40 Wall Street.

Ward v. Monro Muffler Brake Inc./Douglas v. Monro Muffler Brake Inc.: Defended Monro Muffler, its board of directors and large shareholders in securities class actions arising out of Monro’s initial public offering.

Internal Investigations

Represented board of directors of major pharmaceutical company in conducting internal investigation into accounting practices for purposes of responding to letter demanding that the company sue its directors and officers.

Represented the audit committee of a large regional supermarket chain in connection with allegations of fraudulent accounting practices.

Represented senior officer of large manufacturer in connection with the company’s internal investigation of accounting issues.

Conducted investigation for investment bank into possible securities law violations.

Publications

“Discovery Trends in Litigation Finance Arrangements,” Bloomberg Law, April 2018 (co-author); republished in Harvard Law School Forum on Corporate Governance and Financial Regulation, May 15, 2018

“SRZ’s Leading Litigation Finance Practice: Holistic Expertise for a Booming Asset Class,” The Hedge Fund Journal, March 2018 (quoted)

“Extending CalPERS v. ANZ Securities To Exchange Act Cases,” Law360, Sept. 21, 2017 (co-author)

Supreme Court Holds that Individual ‘Opt Out’ Securities Act Plaintiffs Cannot Rely on American Pipe Tolling to Extend the Statute of Repose,” SRZ Client Alert, June 28, 2017 (co-author); republished in The Hedge Fund Journal, July 27, 2017

“Second Circuit Reverses District Court in Marblegate, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case,” SRZ Client AlertJan. 25, 2017 (co-author); republished in The Bankruptcy Strategist, March 2017, New York Law Journal, March 3, 2017 and Daily Business Review, March 14, 2017

“Elements of an Insider Trading Claim” and “Tender Offers,” Insider Trading Law and Compliance Answer Book (Practising Law Institute), 2011-2018 (co-author)

SRZ Insider Trading Developments Newsletter, Summer 2014 (contributor)

SRZ Insider Trading Developments Newsletter, Summer 2012 (co-author)

“Pleading Scienter Under the Federal Securities Laws: What Creates a Strong Inference of Fraudulent Intent?,” SRZ Securities Law Developments, 2003

“Safe Harbors for Forward-Looking Statements: An Overview for the Practitioner” (co-author)

“Forward Looking Statements and Cautionary Language After the 1995 Reform Act: An Empirical Study” (co-author)

Speaking Engagements

“Restructurings After Marblegate and Meehancombs,” SRZ 4th Annual Distressed Investing Conference, November 2015

“Recent Court Decisions Affecting Distressed Investors,” SRZ 3rd Annual Distressed Investing Conference, November 2014

“Securities Enforcement and Related Civil Litigation,” SRZ 23rd Annual Private Investment Funds Seminar, January 2014

“Insider Trading and Chapter 11,” SRZ Distressed Investing Conference: Reflections on 2012 and the Road Ahead, December 2012

“Recent Developments in Bankruptcy and Distressed Investing,” SRZ 21st Annual Private Investment Funds Seminar, January 2012

Moderator, “Conducting the Investigation,” Practising Law Institute Internal Investigations: How to Protect Your Clients or Company, June 2010

Lecturer on securities fraud at New York State Society of Certified Public Accountants Pension Fund conference

Lecturer on class action litigation for Celesq, Inc.

Lecturer on securities litigation at New York State Society of Certified Public Accountants Broker/Dealer conference

Lecturer on insider trading at Practising Law Institute Securities Litigation conference

Distinctions

  • The Best Lawyers in America
  • The Legal 500 US
  • New York Super Lawyers

Prior Experience

  • Cravath, Swaine & Moore, 1980-1986