New York partner Brian F. Shaughnessy advises debtors, creditors and other parties-in-interest in restructurings both in and out of court.

A trial lawyer and commercial litigator with more than 18 years of experience handling complex commercial and business litigation in state, federal and appellate courts across multiple jurisdictions, Brian brings a strategic and practical approach to achieving the best possible outcomes for clients. In addition to his restructuring work, Brian has litigated issues arising under an array of federal and state laws, including ERISA, RICO, HIPAA, securities and antitrust laws, employment, breach of contract and breach of fiduciary duty claims, and regulatory and corporate governance issues.

Brian’s bankruptcy and restructuring work involves mass tort bankruptcies, including representing the future claimants representative in the Cyprus mass tort bankruptcy case, as well as representing the court-appointed claims estimation expert in the J&J LTL Management mass tort bankruptcy case. On the creditor side, most recently he successfully prosecuted a hotly contested involuntary bankruptcy case in which the creditor-proposed bankruptcy plan prevailed over the debtors’ proposed plan. Brian has also represented creditor committees, including in a multi-hundred-million-dollar fraudulent conveyance action, and in connection with adequate protection issues in the bankruptcy proceedings of a multibillion-dollar oil and gas company.  Brian’s work on behalf of debtors includes representing LATAM Airlines, the largest airline holding company in South America, and its affiliates, in their multibillion-dollar bankruptcy case in the Southern District of New York. He also recently obtained a favorable ruling for airline leasing and finance debtors in a motion to dismiss trial in the Southern District of New York bankruptcy proceedings, and secured DIP financing on behalf of a leading costume company after a two-day trial in the Eastern District of New York. 

Capabilities

Background

Education

  • J.D., Georgetown University Law Center, 2006
    • Senior Editor, Georgetown Journal of International Law
  • B.A., cum laude, American History, Harvard University, 2001

Bar Admissions

  • Massachusetts, 2019
  • New York, 2007

Court Admissions

  • U.S.D.C., Southern District of New York
  • U.S.D.C., Eastern District of New York
  • U.S.D.C., District of Massachusetts
  • U.S.C.A., 2nd Circuit

Professional Affiliations

  • American Bankruptcy Institute, Member