Partner

1633 Broadway
New York, NY 10019

+1 212 506 3315

40 & Under Hot List


Practice area:

Banking and financial services
Bankruptcy
Commercial and transactions
Insurance
Labor and employment


Ed Filusch’s practice focuses on complex commercial litigation. Ed represents companies, investment firms, partnerships, and individuals in industries including financial services, structured products, real estate, insurance, and manufacturing.  


Ed has been recognized on Benchmark Litigation’s 40 & Under Hot List and as a Rising Star in New York Metro Super Lawyers in the area of Business Litigation.


Work Highlights:

  • MBIA in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA. After a two-week bench trial in New York State Supreme Court, the court found that MBIA had convincingly proved that Credit Suisse breached its representations and warranties, and that Credit Suisse was liable for over $600 million in damages.
  • A leading international insurance company in an international arbitration in The Danish Institute of Arbitration concerning a nine-figure coverage dispute under a professional indemnity policy.
  • SFN, a licensed medical marijuana company now part of international cannabis company Harvest Health and Recreation, in a series of legal battles with its Colorado-based franchisor. After defeating the franchisor’s attempts to obtain emergency injunctions before the AAA and the District Court of Colorado, the Court dismissed the underlying action against SFN in their entirety. The Colorado
  • Court of Appeals unanimously affirmed. 
  • Howard Meyers, Chairman of Eco-Bat Technologies, the world’s largest producer and recycler of lead batteries, in actions for purported breach of contract and fraud brought by investment funds concerning a €600 million PIK loan that was securitized
  • and sold.
  • Insight Global, a national staffing company, in successful settlement of its legal battle in the S.D.N.Y. against a competitor arising out of the competitor’s alleged employee-poaching scheme and misappropriation of trade secrets.
  • TPG and senior TPG partners, in bankruptcy proceedings and multiple other actions concerning portfolio company Caesars Entertainment. Claims at issue included alleged fraudulent transfers, breaches of indentures, and breaches of fiduciary duty in connection with transactions undertaken prior to the bankruptcy of Caesars’ operating subsidiary.
  • FHFA, as conservator for Fannie Mae and Freddie Mac, in actions in federal and state courts against numerous financial institutions.  The lawsuits sought rescission or damages for misrepresentations concerning mortgage loans that underlie RMBS the banks issued, securitized and sold. After prevailing on critical pre-trial issues, FHFA settled the actions brought by Kasowitz for over $2 billion.
  • MBIA, one of the world’s largest monoline insurers, in litigation by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company
  • for MBIA’s municipal bond business. After a several-week evidentiary proceeding, the New York Supreme Court upheld MBIA’s restructuring. 

 

Updated July 2021