Biography
Mr. Conway's practice is primarily focused on litigation on behalf of financial institutions, companies, officers and directors. While he practices all aspects of special asset recovery litigation for these entities, Mr. Conway also defends these clients in traditional civil litigation, as well as in the bankruptcy arena. He also represents clients in all aspects of business reorganization under Chapter 11 of the Bankruptcy Code and regularly works through litigation to protect the intellectual property rights of his clients.
A large portion of Mr. Conway's practice involves advising franchisors and franchisees. Because of his bankruptcy focus, Mr. Conway is uniquely qualified to assist these clients in dealing with the effects of a bankruptcy filing, including providing advice as to changes in the relationship between franchisor and franchisee and their rights vis-à-vis trademarks and other intellectual property, as well as the effect of bankruptcy on the franchisee-vendor relationship. He also regularly advises his clients on how to deal with vendors or other parties that are in financial distress. Mr. Conway often represents franchisors in disputes arising from termination of franchise agreements and in drafting separation agreements with franchisees and in actions relating to non-payment of franchise fees. He has litigated numerous franchise-related disputes ranging from wrongful termination cases to representing franchisees in wage and hour class action matters.
Mr. Conway has also successfully represented securities clients in class action matters, single plaintiff securities fraud court actions and in regulatory matters before FINRA and the SEC and regularly defends broker-dealers, fund managers and registered representatives in adversary proceedings filed in the bankruptcy courts or in state court actions for provisional relief including both prosecution and defense of actions to enforce non-compete and/or non-disclosure agreements.
In addition to countless complex commercial litigation matters filed as arbitrations or in the state and federal civil court systems, Mr. Conway has represented clients in bankruptcy cases spanning industries which include airline (In re: Compania Mexicana, In re EOS Airlines, Inc.., In re Japan Airlines Corp., In re Mesa Air Group, Inc.), automotive (In re Chrysler, LLC, In re Delphi Corp., In re Intermet Corp., In re General Motors Corp., In re Tower Automotive, Inc.), energy (In re Enron Corp., In re Washington Group, Inc.), equipment financing and leasing/outsourcing (In re Jacom Computer Services, Inc., In re Unicapital Corp., In re Union Financial Services Group, Inc.), health care (In re Anesthesia Solutions, Inc.), manufacturing/retail sales (In re Fine Diamonds, LLC, In re Forty-Three Apparel Group, In re Kmart Corp., In re Levitz Furniture Corp., In re Loehmann's, Inc., In re Lyondell Chemical Company, In re M. Fabrikant & Sons, Inc., In re One Price Clothing Stores, Inc., In re Spurgeon Mercantile Company, In re Startech Environmental Corporation, In re Stone Barn Manhattan, LLC, In re Sunbeam Corporation, In re Suprema Specialties), publishing (In re Intervisual Books, Inc., In re Winslowhouse International, Inc.), real estate (In re First Richborough Realty Corp., In re Liberty Village Associates Limited Partnership, In re Richmond Realty Limited Partnership, In re Richter Properties, In re Scarborough-St James Corp., The 1031 Tax Group, LLC, In re Quality Payroll Systems, Inc.), securities (In re AFI Holding, Inc., In re Bayou Capital Group, LLC, In re Circle Trust Stable Value Plus Fund, In re Duke & Co., Inc., In re GCO Services LLC, In re Grafton Partners, L.P., In re Lehman Brothers Holdings Inc., In re MPI International Ltd., In re Northshore Asset Management, LLC , In re Refco, Inc.. In re S.W. Bach & Company), software/internet (In re AHT Corporation, In re Goaaal US, Inc., In re Nekema, Inc., In re Ticketplanet.com, Inc.), sports management (In re CSP Limoges) and telecommunications (In re Adelphia Communications Corp., In re AMNEX, Inc., In re Amp'd Mobile Inc., In re Charter Communications, Inc., In re CoreComm New York, Inc., In re Global Crossing, Ltd., In re Orion Telecommunications Corp., In re WorldCom, Inc., In re World Exchange Communication Inc.).
Mr. Conway is a veteran of more than 80 trials and has litigated matters venued in California, Connecticut, Delaware, Florida, Georgia, Illinois, Maryland, Massachusetts, Missouri, Nevada, New Jersey, New York, North Carolina, South Carolina, Texas and Washington. His reported cases include:
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Gehron v. Best Reward Credit Union, 2011 U.S. Dist. LEXIS 26414, Fed. Sec. L. Rep. (CCH) P96239 (S.D. Cal. Mar. 15, 2011)
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Buchwald Capital Advisors LLC v. JP Morgan Chase Bank, N.A. (In re M. Fabrikant & Sons, Inc.), 2011 Bankr. LEXIS 316 (Bankr. S.D.N.Y. Jan. 25, 2011)
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Square Mile Structured Debt (One) LLC v. Swig, 2010 N.Y. Misc. LEXIS 5080, 2010 NY Slip Op 32937U (N.Y. Sup. Ct. Oct. 15, 2010)
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Madison Realty Capital, LP v. Scarborough-St. James Corp., 76 A.D.3d 486, 907 N.Y.S.2d 192 (1st Dep't. 2010)
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U.S. Bank, N.A. v. Greenpoint Mortgage Funding, Inc., 26 Misc. 3d 1234A, 907 N.Y.S.2d 441, 243 N.Y.L.J. 53 (N.Y. Sup. Ct. March 3, 2010)
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DeBlasio v. Merrill Lynch & Co., 2009 U.S. Dist. LEXIS 64848 (S.D.N.Y. July 27, 2009)
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Louis Foodservice Corp. v. 5423 First Ave. LLC, 25 Misc. 3d 1237A, 906 N.Y.S.2d 773, 242 N.Y.L.J. 121 (Kings Sup. Ct. December 8, 2009)
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D.B. Zwirn Special Opportunities Fund, L.P. v. Brin Inv. Corp., 26 Misc. 3d 528, 888 N.Y.S.2d 876, 242 N.Y.L.J. 101 (N.Y. Sup. Ct. November 12, 2009)
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De Bie v. Tredegar Trust Co., 61 A.D.3d 610, 877 N.Y.S.2d 331, 2009 N.Y. App. Div. LEXIS 3314 (1st Dep't. 2009)
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Kapiamba v. Securitas Sec. Serv., 2008 U.S. Dist. LEXIS 34559 (S.D.N.Y. Apr. 29, 2008)
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Global Crossing Estate Representative v. Alta Partners Holdings LDC (In re Global Crossing, Ltd.), 385 B.R. 52 (Bankr. S.D.N.Y. 2008)
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Camarda v. Snapple Distribs., 2007 U.S. Dist. LEXIS 68101, 2007-2 Trade Cas. (CCH) P75884 (S.D.N.Y. Sept. 13, 2007)
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Milton Abeles, Inc. v. Farmers Pride, Inc., 2007 U.S. Dist. LEXIS 50071 (E.D.N.Y. July 11, 2007)
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Am. Home Mortg. Corp v. Mortgage Gold, Inc., 2007 U.S. Dist. LEXIS 28273 (S.D.N.Y. Apr. 18, 2007)
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Al-Rayes v. Willingham, 2007 U.S. Dist. LEXIS 17858 (M.D. Fla. Mar. 14, 2007)
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Al-Rayes v. Willingham, 2007 U.S. Dist. LEXIS 8085 (M.D. Fla. Feb. 5, 2007)
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In re Suprema Specialties, Inc. Sec. Litig., 438 F.3d 256, Fed. Sec. L. Rep. (CCH) P93694 (3d Cir. 2006)
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Shred-It USA, Inc. v. Confidential Shredding, LLC, 2005 U.S. Dist. LEXIS 45220 (E.D.N.Y. Sept. 20, 2005)
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Nat'l Oil Well Maint. Co. v. Fortune Oil & Gas, Inc., 2004 U.S. Dist. LEXIS 16765 (S.D.N.Y. Aug. 23, 2004)
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Wells Fargo Bank Minn., N.A. v. ComputerTraining.Com, Inc., 2004 U.S. Dist. LEXIS 12911 (S.D.N.Y. July 8, 2004)
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ServiceMaster Residential/Commercial Servs., L.P. v. Westchester Cleaning Servs., 2003 U.S. Dist. LEXIS 1104 (S.D.N.Y. Jan. 29, 2003)
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ServiceMaster Residential/Commercial Servs., L.P. v. Westchester Cleaning Servs., 2001 U.S. Dist. LEXIS 4807 (S.D.N.Y. Apr. 18, 2001)
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Thermal Imaging, Inc. v. Sandgrain Sec., Inc., 158 F. Supp. 2d 335, 2001 U.S. Dist. LEXIS 11918 (S.D.N.Y. 2001)
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Banco do Brasil S.A. v. State of Antigua & Barbuda, 268 A.D.2d 75, 707 N.Y.S.2d 151, 2000 N.Y. App. Div. LEXIS 4361 (N.Y. App. Div. 1st Dep't 2000)
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Whitney Holdings v. Givotovsky, 988 F. Supp. 732, 1997 U.S. Dist. LEXIS 20480 (S.D.N.Y. 1997)
Legal Experience
- LeClairRyan, New York, New York, 2006 – present
- Lazare Potter Giacovas & Kranjac LLP, New York, New York, 1997 – 2006
- Brodey & Price, A Professional Corporation, Beverly Hills, California, 1992 – 1997
Memberships and Affiliations
- ABA Forum on Franchising
- American Bar Association
- American Bankruptcy Institute
- New York City Bar
- SIFMA Compliance and Legal Society
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Education
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J.D., Wake Forest University School of Law, 1992
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M.B.A., Babcock Graduate School of Business Management, 1992
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B.A., University of California at Los Angeles, 1987
Bar Admissions
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New York
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California
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Connecticut
Court Admissions
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U.S. District Court for the Southern District of New York
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U.S. District Court for the Eastern District of New York
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U.S. District Court for the Southern District of California
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U.S. District Court for the Central District of California
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U.S. District Court for the Northern District of California
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U.S. District Court for the District of Connecticut
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U.S. District Court for the Northern District of Illinois
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U.S. Court of Appeals for the First Circuit
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U.S. Court of Appeals for the Second Circuit
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U.S. Court of Appeals for the Third Circuit
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U.S. Court of Appeals for the Ninth Circuit
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U.S. Court of Appeals for the Eleventh Circuit
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