Brian E. O'Connor

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8251
F 212 728 9251
boconnorwillkie.com

Brian E. O’Connor is a partner in the Litigation Department, focusing on bankruptcy litigation, securities litigation, merger and acquisition litigation and general complex commercial litigation. Brian has been recognized as one of the New York Super Lawyers 2010-2013 Bankruptcy & Creditor/Debtor Rights or Business Litigation.

Highlights

Brian E. O’Connor is a partner in the Litigation Department, focusing on bankruptcy litigation, securities litigation, merger and acquisition litigation and general complex commercial litigation. Brian has been recognized as one of the New York Super Lawyers 2010-2013 Bankruptcy & Creditor/Debtor Rights or Business Litigation.

Selected Significant Matters

  • In re Nortel Networks, Inc, United States Bankruptcy Court, District of Delaware (Gross, J.)
    • Representation of Trustee of the Nortel Networks UK Pension Scheme and the UK Pensions Protection Fund (the “UKPC”) in connection with $3.2 billion claim filed in Nortel’s US chapter 11 cases. After an unprecedented cross-border trial held jointly before the Bankruptcy Court in Delaware and the Supreme Court of Justice-Ontario, Commercial List, the Courts issued opinions allocating $7.3 billion in proceeds from the sale of Nortel’s global assets to the various Nortel debtors in the US, Canada and Europe based on a pro rata theory advanced by the UKPC, which is anticipated to produce a recovery to UK pensioners in excess of $1 billion.
  • In re The Topps Company Shareholders Litigation, Delaware Chancery Court (Strine, VC); Supreme Court, State of New York, New York County (Cahn, J.)
    • Representation of Topps and its Board of Directors in connection with shareholder class actions, and an action by The Upper Deck Company, to enjoin the sale of Topps to The Tornante Company LLC and Madison Dearborn Partners LLC.
  • Adelphia Communications Corp., United States Bankruptcy Court, Southern District of New York (Gerber, J.) (2001-2005):  litigation counsel to the Debtors in connection with all aspects of chapter 11 cases.
  • LLDVF, L.P. v. DiNicola, et al., United States District Court, District of New Jersey (Linares, J)
    • Representation of former CEO and CFO of Linens in connection with action by noteholder for damages under the securities laws and common law in connection with purchase of notes.
  • The Upper Deck Company, et al. v. KPMG LLP, et al., Superior Court of California, San Diego County (Dahlquist, J.)
    • Representation of KPMG in connection with action for damages arising out of sale of tax shelter.
  • In re Refco, Inc.: Kirschner v. Agoglia, et al., United States Bankruptcy Court, Southern District of New York (Drain, J.)
    • Representation of former director in connection with $40 million avoidance action.
  • MML V, LLC v. Bax, et al, Delaware Chancery Court (Laster, VC)
    • Representation of former CEO and CFO of JetDirect in connection with derivative action filed by lender seeking $45 million.
  • Greatwide Logistics Services Inc., United States Bankruptcy Court, District of Delaware (Walsh, J.) (2008): litigation counsel to Debtors in connection with all aspects of chapter 11 cases.
  • National Gas & Transmission, United States Bankruptcy Court, District of Maryland (Mannes, J.) (2003): litigation counsel to the Debtors in connection with all aspects of chapter 11 cases.
  • Hechinger Investment Company, United States Bankruptcy Court, District of Delaware (Walsh, J.) (1999): litigation counsel to Debtors in all aspects of chapter 11 cases.
  • The Grand Union Company, United States Bankruptcy Court, District of Delaware (Walsh, J.) (1995): litigation counsel to Debtors in all aspects of chapter 11 cases.
  • Big V Supermarkets, United States Bankruptcy Court, District of Delaware (Lyons, J.) (2000): litigation counsel to Debtors in all aspects of chapter 11 cases.
  • Railworks Corporation, United States Bankruptcy Court, District of Maryland (Derby, J.) (2001): litigation counsel to Debtors in connection with all aspects of chapter 11 cases.
  • Classic Cable, Inc., United States Bankruptcy Court, District of Delaware (Walsh, J.) (2001): litigation counsel to Debtors in connection with all aspects of chapter 11 cases.
  • Petrie Retail,Inc., United States Bankruptcy Court, Southern District of New York (Gonzalez, J.) (1995): litigation counsel to Debtors in connection with all aspects of chapter 11 cases.
  • Integrated Resources, Inc., United States Bankruptcy Court, Southern District of New York (Blackshear, J.) (1990-1995): litigation counsel to Debtors in connection with all aspects of chapter 11 cases.
  • Electra Investment Trust, PLC v. The Benjamin Company, Delaware Chancery Court (Chandler, C.) (1999): representation of Electra in connection with derivative action against The Benjamin Company’s CEO.
  • American Cynamid Company, et al. v. The Aetna Casualty and Surety Company, et al., Superior Court of the State of New Jersey, Passaic County (Donato, J.) (1991): representation of American Cynamid in connection with action against insurers to recover environmental remediation expenses.
  • Brooks Fashion Stores, Inc., United States Bankruptcy Court, Southern District of New York (Blackshear, J.) (1988): litigation counsel to Debtors in connection with all aspects of chapter 11 cases.
  • THCR/LP Corporation, United States Bankruptcy Court, District of New Jersey (Wizmur, J.) (2004): representation of Donald J. Trump in connection with Debtors’ chapter 11 cases.
  • Murphy v. Pharmion Corporation, et al., Delaware Chancery Court (Lamb, VC) (2008): representation of Pharmion and Board of Directors in connection with shareholder class action arising out of merger agreement with  Celgene Corporation.
  • Loral Corporation v. The Goodyear Tire & Rubber Company, United States District Court, Southern District of New York (Knapp, J.) (1991): representation of Loral in connection with litigation arising out of Loral’s acquisition of the stock of Goodyear Aerospace Corporation.
  • The Estate of Doris Duke, Surrogate’s Court, State of New York, New York County (Preminger, J) (1995):  representation of Bernard Lafferty and The United States Trust Company, as Preliminary Co-Executors of the Estate of Doris Duke, in connection with challenges to Ms. Duke’s Will.
  • Moskowitz v. Lopp, et al, United States District Court, Eastern District of Pennsylvania (Bechtle, J.) (1990): representation of EF Hutton Group, Inc. in connection with shareholder class action alleging section 10(b) and common law fraud claims.
  • AMBAC Indemnity Corporation v. Bankers Trust Company, Supreme Court of the State of New York, New York County (Baer, J.) (1989): representation of AMBAC in action against Bankers Trust arising out of its service a trustee of municipal bonds insured by AMBAC.

Prior Experience

Brian served as Law Clerk to the Hon. Matthew J. Jasen, Associate Judge of the New York Court of Appeals from 1977 to 1979.

Selected Professional and Business Activities

Brian has held a number of management positions at the firm, including Hiring Partner. Brian is a member of the American and New York Bar Associations, the Association of the Bar of City of New York, the Federal Bar Council and the American Bankruptcy Institute. He is also an Honorary Overseas Member of the Commercial Bar Association in England (“COMBAR”). COMBAR is the Specialist Bar Association for commercial barristers advising the international business community.