Dain A. De Souza’s practice focuses on commercial litigation, restructurings, and business disputes. Dain handles a variety of legal matters that include business and financial litigation at the federal and state levels.
He also has substantial experience representing debtors, creditors, lenders, and other parties in interest in all aspects of complex chapter 11 reorganizations and adversary proceeding litigation.
Prior to joining the firm, Dain practiced with Skadden, Arps, Slate, Meagher & Flom LLP. He also served as law clerk to the Honorable Christopher S. Sontchi in the US Bankruptcy Court for the District of Delaware.
Dain is admitted to practice before the US Supreme Court, the US Court of Appeals for the Second Circuit, the US Court of Appeals for the Third Circuit, the US District Court for the Southern District of Florida, and the US District Court for the District of Delaware.
- Represented corporation in US Court of Appeals for the Second Circuit and obtained reversal in the Court of Appeals in a published opinion, Statek Corp. v. Dev. Specialists, Inc. (In re Coudert Bros. LLP), 809 F.3d 94 (2d Cir. 2015).
- Represented limited liability partnership in litigation and contested proceedings successful at each level from trial court through the US Supreme Court.
- Represented Delaware corporation in connection with successful state court litigation involving corporate disputes and allegations of business torts.
- Represented a leading diagnostic testing provider in defending direct appeal to US Court of Appeals for the Third Circuit from a $1.2 billion restructuring.
- Represented limited liability corporation in connection with construction and lien litigation, including dispositive motion, discovery, and deposition practice.
- Represented large, international airline company in federal litigation involving allegations of breach of contract.
- Represented fortune 100 company in lawsuit alleging fraudulent transfers.
- Represented and advised companies in connection with e-discovery, litigation/deal planning and risk analysis, and general corporate matters.
- Represented lenders, secured creditors, investors, and financial institutions in connection with financings, distressed transactions, and any related disputes.
- Represented businesses, including fortune 100 and 500 companies, in connection with all aspects of chapter 11 proceedings, contested matters, and adversary proceeding litigation, including debtors, lenders, asset-purchasers, creditors, and other parties in interest. Representations have included advising in prearranged, prepackaged, and traditional reorganizations and acquisitions of businesses in a variety of industries, including retail, oil and gas, pharmaceuticals, consumer products, and financial services.
- JD, University of Chicago Law School, 2011
- AB, University of Miami, Phi Beta Kappa, 2008
- Member, American Bar Association
- Member, American Bankruptcy Institute
- Member, United Way, ALM Committee
- Member and Vice Chair, Partnerships and Limited Liability Entities in Bankruptcy Subcommittee – Business Bankruptcy Committee, American Bar Association
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