George L. Santiago

George has represented:

• Hedge fund lenders of $725 million to SunEdison, once the world’s largest renewable energy company, in actions against KPMG for misrepresentation of internal controls over financial reporting, and Deutsche Bank Securities, Inc. for fraudulent inducement, which settled on the eve of trial.
• Invesco Senior Secured Management, Inc., a global asset manager, against an Ad Hoc Group, an appliance-parts maker, and its private equity sponsor in a six-day trial in the Southern District of Texas Bankruptcy Court in a liability management dispute involving breaches of the relevant credit agreements and rightful control of the appliance-parts maker.
• A group of hedge funds led by Sculptor Special Master Fund, Ltd. and Apollo Capital Management X, LLC, in an action against former directors and officers of Avaya, Inc. for fraudulent misrepresentations and omissions in connection with a $350 million incremental term loan.
• Shareholders, in a claim under Section 14(a) of the Exchange Act, alleging misstatements in proxy materials.
• Deka Immobilien Investment, a real estate asset management company, in an action to recover $136 million paid on a guarantee after the borrower defaulted.
• A private equity firm in an arbitration against a top-ten accounting firm for professional malpractice in performing a quality of earnings analysis that directly translated into a massive overpayment for the medical practices at issue.
• Holders of $550 million in notes issued by China Fishery Group in connection with disputes arising from the bankruptcy of entities related to China Fishery Group, one of the world’s largest fishing companies.
• The Marc Fisher companies, a family of companies in the business of designing, sourcing, and marketing brand-name footwear, in an action against Milberg Factors, Inc. alleging breach of contract, breach of implied covenant of good faith and fair dealing, and conversion.
• JDS Development, a leading real estate development and construction firm, in an action alleging that JDS Development had violated the RICO Act in connection with the development of 111 West 57 Street, which was dismissed by the trial court and affirmed on appeal.
• Former executives and officers in a federal action against Nikko Asset Management and its CEO alleging a scheme to manipulate an employee stock option plan and deprive former employees of their stock option rights.

• Super Lawyers Rising Stars, Top Rated Business Litigation Attorney in New York, 2022-23