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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 is also recognized by Legal 500 USA as a “Next Generation Partner” (2018 and 2019) 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.

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.

Recognition

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.

News & insights

Panoramic view of London's skyline

Publications: 22 SEPTEMBER 2020

LCIA introduces new arbitration rules to improve efficiency and effectiveness

The London Court of International Arbitration (the LCIA) has published its new arbitration rules (the 2020 Rules) which will apply to arbitrations commenced from 1 October 2020. This is precisely six…

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Hong Kong's Securities and Futures Commission (SFC) Enforcement Actions Tracker

Publications: 07 SEPTEMBER 2020

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker

The SFC published its annual report for 2019/2020 in June and recently published its quarterly report for Q2 2020.

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Mandatory human rights due diligence laws: The Netherlands led the way in addressing child labour and contemplates broader action

Publications: 02 SEPTEMBER 2020

Mandatory human rights due diligence laws: the Netherlands led the way in addressing child labour and contemplates broader action

There is growing momentum worldwide among governments to require companies to undertake human rights due diligence.  The Netherlands took the lead with respect to the specific issue of child labour,…

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Publications: 26 AUGUST 2020

Legal advice privilege: does a lawyer get you home and dry?

It is often assumed that if a lawyer plays some part in the creation or production of a document, it automatically becomes privileged, giving it protection from disclosure in subsequent litigation.

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