Bradley Pensyl

Experience

Advising:

• PCCP and Lehman Brothers Real Estate Mezzanine Partners in an eight-year New York state court litigation relating to the financing of the Xanadu project (now renamed American Dream) at the Meadowlands in New Jersey. We succeeded in obtaining the dismissal of a USD1.3bn breach of contract claim filed against our clients by a development group consisting of Colony Capital, Dune Real Estate Partners and KanAm. We then prevailed on appeal, with the New York Appellate Division, First Department affirming the dismissal.
• A JV comprised of KKR, Argo Infrastructure Partners, Water Capital Partners, Argo Infrastructure Investors and SUEZ in connection with contractual disputes arising from a public private partnership with the Borough of Middletown, Pennsylvania. Following evidentiary hearings in a federal court action in the Middle District of Pennsylvania and a five-day trial in an American Arbitration Association arbitration, we achieved a full victory for the client on all of our claims and defeated all of the claims brought by the Borough of Middletown.
• A global financial institution in its capacity as indenture trustee, in multiple New York state and federal court litigations brought by bondholders relating to the effort by senior secured noteholders to consummate the sale and restructuring of Norske Skog.
• EY and the Canadian parent entities of the Nortel Group in adversary proceedings relating to the allocation of more than $7 billion of asset sales proceeds. The trial in two jurisdictions (Delaware and Canada) also involved proceedings in the U.S., Canada, Europe, the Middle East and Asia, as well as numerous non-debtor Nortel entities located in other jurisdictions around the world. The Nortel Networks bankruptcy litigation matter was awarded the Global Dispute of the Year: Transnational Litigation for 2017 by American Lawyer’s Global Legal Awards.
• 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. 
• A global financial institution in litigations in various federal and state courts in the US and abroad arising out of disputes with a former client of the financial institution. 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.
• Luxshare Ltd., a Hong Kong corporation in the business of manufacturing consumer electronics, automotive parts, and other electronic components in a forthcoming arbitration against ZF Automotive US, Inc. to recover damages for fraud and breach of contract in connection with Luxshare’s acquisition of two business units from ZF US for nearly a billion dollars. 
• Intermediate Capital Group plc in an arbitration before JAMS brought by a former U.S.-based company executive seeking carried interest payments and bonus compensation.
• Representing XTX Markets in connection with Delaware Court of Chancery litigation relating to the acquisition of FairXchange, Inc. by Coinbase.
• Representing Bridgepoint Group Limited and Watkins Holdings S.à r.l.in US federal court proceedings seeking to obtain recognition of an ICSID arbitral award entered in our clients’ favor against the Kingdom of Spain.

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.