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Bradley Pensyl

Partner

New York

Pensyl Bradley
Bradley Pensyl

Partner

New York

Brad focuses his practice on complex commercial litigation. In particular, Brad has extensive experience representing clients in M&A litigation, private equity litigation, real estate finance litigation and complex contractual disputes, as well as in class actions, shareholder derivative suits and cross-border matters. He has handled major commercial cases at the trial and appellate court levels, and in arbitrations, for leading private equity funds, real estate finance funds, global investment companies and multinational corporations.

Brad has been recognized by Legal 500 USA as a “Next Generation Partner” in International Litigation for the past four years (2021-2018) and as a “Rising Star” in M&A litigation: defense, international litigation and general commercial disputes.

Noteworthy experience includes advising:

  • Fresenius Kabi in nine shareholder class action suits seeking to enjoin its proposed $4.3 billion acquisition of Akorn, Inc., a Chicago-based manufacturer of prescription and over-the-counter pharmaceutical products.
  • Mubadala and Masdar Solar & Wind Cooperatief U.A. in US federal court litigation and judgment enforcement proceedings seeking to obtain recognition of a $70 million ICSID arbitral award entered in our clients’ favor against the Kingdom of Spain.
  • Normandy Real Estate Partners LLC and Westbrook Real Estate Partners in their defense of a federal court foreclosure litigation involving a portfolio of 47 different properties and the negotiation of a consensual discounted payoff of the loan.
  • Garrison Investment Group LP in litigation relating to its acquisition of a portfolio of real estate assets and grocery stores from Haggen Food & Pharmacy.
  • International Car Wash Group and IMO in a federal court action in the Northern District of Alabama against real estate developer Triple C arising from disputes relating to the parties’ purchase agreement and master development agreement.
  • Intermediate Capital Group plc in an arbitration before JAMS brought by a former US-based company executive seeking carried interest payments and bonus compensation.
  • BNP Paribas in litigations in various federal and state courts in the US and abroad arising out of disputes with a former client of the bank. This includes proceedings filed in federal courts in the Southern District of New York and the District of Columbia, as well as a state court action in Florida, to obtain discovery and freeze a valuable collection of art in aid of a judgment entered by the Royal Court in the Bailiwick of Jersey.
  • Real estate investor Howard Juster in two litigations arising from partnership disputes with the managing partner of a JV in which Juster owns a 50% ownership interest. We succeeded in obtaining an arbitration award after trial terminating the managing member and installing Juster as managing member, and in obtaining confirmation of the award in New York state court.
  • Eiser Infrastructure Limited and Energia Solar Luxembourg S.à.r.l in US federal court litigation and judgment enforcement proceedings seeking to obtain recognition of an ICSID arbitral award entered in our clients’ favor against the Kingdom of Spain.
  • The former Chief Medical Officer of Pfizer Inc. in connection with consolidated securities and ERISA class actions relating to the marketing and sale of the arthritis class drugs Celebrex and Bextra.
  • EQT Infrastructure on the sale of Fenix Marine Services, operator of one of the busiest port complexes in North America, to CMA CGM, for an enterprise value of USD2.3bn, located the Los Angeles, California.

Related articles

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Publications: 04 March 2022

Russia sanctions and contractual non-performance

In light of recent international economic sanctions imposed by the United States, the European Union, and other bodies against Russia, commercial actors should review their contracts with great care.

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Publications: 07 October 2021

M&A litigation – a case of back to the future

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Publications: 16 January 2014

Important Case For Global Banks: New York’s Highest Court To Decide Whether New York Is To Be The Judgment Collection Capital Of The World

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Experience highlights

Office

New York

Allen & Overy LLP
1221 Avenue of the Americas
New York
NY 10020

View office →

Qualifications

Professional

Admitted: Bar of the State of New York, 2009

Admitted: United States District Court, Southern District of New York, 2010

Admitted: United States Court of Appeals, 2nd Circuit, 2012

Admitted: United States District Court, Eastern District of new York, 2017

Academic

Admitted: Bar of the State of New York, 2009

Admitted: United States District Court, Southern District of New York, 2010

Admitted: United States Court of Appeals, 2nd Circuit, 2012

Admitted: United States District Court, Eastern District of new York, 2017

Pro-bono experience

  • Represented Per Scholas, a non-profit that provides tuition-free technology training to unemployed adults for careers as IT professionals, in connection with a federal court litigation brought by Doran Jones.

Published work

  • Note, Whistling a Foul on the NCAA: How NCAA Recruiting Bylaws Violate the Sherman Antitrust Act, published in Volume 58, Book 2 of the Syracuse Law Review.

Recognition