David M. Zensky

David M. Zensky focuses on commercial litigation, with a concentration in complex bankruptcy matters, mergers and acquisition disputes, partnership/investor disputes, trade secret disputes, insurance matters and general commercial disputes.

Practice & Background

Mr. Zensky served as a law clerk to the Honorable Gary S. Stein, New Jersey Supreme Court, from 1987 to 1988.
Representative Matters

Mr. Zensky’s recent representations include:

lead trial counsel to largest holder of pre-LBO debt of Tribune Company in competing plan/9019 proceedings (In re Tribune Co., 464 B.R. 126 (Bankr. D. Del. 2011); In re Tribune Co., 464 B.R. 208 (Bankr. D. Del 2011); In re Tribune Co., 472 B.R. 223 (Bankr. D. Del 2012); In re Tribune Co., --- B.R. ---, 2012 WL 2885921 (Bankr. D. Del. July 13, 2012))
lead trial counsel to Official Committee of Unsecured Creditors of Chemtura Corporation (In re Chemtura Corp, 439 B.R. 561 (S.D.N.Y. 2010)) (Confirming contested plan)
lead trial counsel to holder of $2.6 billion of senior secured debt of Lyondell-Basell, Inc. in connection with avoidance litigation commenced by the Official Committee of Unsecured Creditors and subsequent settlement/plan proceedings (In re Lyondell Chemical Company, Case No. 09-10023, Bankr. S.D.N.Y.)
lead trial counsel to the Official Committee of Unsecured Creditors of Calpine Corporation (In re Calpine Corp., 2007 WL 4565223 (Bank. S.D.N.Y. 2007) (confirming plan); In re Calpine Corp, 390 B.R. 508 (S.D.N.Y 2008) (affirming))
lead trial counsel to the Official Committee of Unsecured Creditors of Exide Industries, Inc. (In re Exide, 303 B.R. 48 (Bankr. D. Del. 2003)(rejecting plan))
counsel to the Official Committee of Unsecured Creditors of TOUSA, Inc.

Commercial Litigation

lead counsel to defendant a hedge fund in class action litigation alleging commodities manipulation, antitrust and RICO claims in connection with NYMEX futures contracts; obtained precedent-setting order dismissing complaint based on its reference to CFTC consent settlement. (In re Platinum and Palladium Commodities Litig., 828 F. Supp. 2d 588 (S.D.N.Y. 2011))
lead trial counsel to Indenture Trustees in $3 billion nationwide shareholder clawback litigation arising out of Tribune Leveraged buyout. (In re Tribune Co. Fraudulent Conveyance Litig., -- B.R. --, 2013 WL 5311439 (S.D.N.Y. Sept. 23, 2013))
defense counsel in successful dismissal of a consumer class action brought under and the Fair and Accurate Credit Transaction Act (FACTA) seeking damages and penalties of $1 billion against an e-commerce website (Haslam v. Federated Dep’t Stores, Inc., 2008 U.S. Dist. Lexis 68903 (S.D. Fla. May 8, 2008))
counsel to major private equity fund in post-closing dispute arising out of sale of two portfolio companies
counsel to Chinese venture capital fund in dispute arising out of sale of portfolio company; obtained dismissal of all claims of buyer and precedent-setting attachment order ((Shareholder Representative Services, LLC, et al. v. VisionChina Media, Inc., et al., Index Nos. 650526/2011 and 652390/2010 (N.Y. Sup.))
counsel to a large Russian telecom company in a Delaware appraisal proceeding arising out a recent merger valued in excess of $4 billion (Global GT, LP v. Golden Telecom, 993 A.2d 497 (Del. Ch. 2010), Golden Telecom, Inc., v. Global GT LP, 11 A.3d 214 (Del. 2010))
counsel to a private equity fund and its managing directors in successfully avoiding the assertion of any claims arising out of alleged Medicare fraud violations committed by an underlying portfolio company
counsel to a leading content-based website in a trade secret and employment dispute against its main competitor following the competitor’s hiring away the senior architect of the company’s website.

Insurance Litigation

co-counsel to leading excess insurer in coverage litigation arising out of failure of Bank One Corp. obtained summary judgment based on exhaustion clause and insured below-limits settlement with underlying excess carrier (JP Morgan Chase & Co. v. Indian Harbor Inc. Co., No. 603766/08, 2011 WL 2320087 (N.Y. Sup. Ct. May 26, 2011), aff’d, 947 N.Y.S.2d 17 (N.Y. App. Div. June 12, 2012))
counsel to a leading Financial Institutions insurer in connection with fidelity claims arising out of a major Ponzi scheme
counsel to a leading excess insurer in a policy limits claim under a blended policy providing directors and officers, errors and omissions, and fidelity coverage.

Community Involvement

Mr. Zensky is involved in community, civic and charitable activities that include being a:

director of the Giving Circle of Lower Westchester, a group focused on feeding the hungry in our own backyard
member of the Board of Trustees, Temple Israel of New Rochelle.

Awards & Accolades

New York Super Lawyer, 2010 and 2013-2014

Speaking Engagements

“Protecting Privilege in a World of Rapid Communications and Shifting Alliances,” American Bankruptcy’s Institute’s 4th Annual Mid-Level Professional Development Program, November 9, 2012
“Litigation in Complex Bankruptcies,” 9th Annual AIRA Advanced Restructuring and Plan of Reorganization Conference, November 15, 2010
“Plan Valuation: Caselaw Update and Emerging Strategy and Tactics,” 7th Annual AIRA Advanced Restructuring and Plan of Reorganization Conference, October 21, 2008 (moderator)
“New E-Discovery Rules and Bankruptcy Litigation,” 6th Annual AIRA Advanced Restructuring and Plan of Reorganization Conference, Sept. 18, 2007.

Good to know

Areas of Practice 1) Bankruptcy Litigation, 2) Class Actions, 3) Complex Commercial Litigation, 4) Insurance Litigation, 5) Investment Funds Litigation, 6) Litigation, 7) Financial Restructuring, 8) Privacy, 9) Data Protection and Cybersecurity, 10) Insurance and 11) Private Equity
Law School Harvard Law School, J.D., 1987
Education Binghamton University, State University of New York, B.A., 1984
Bar Member / Association New York State Bar Association
Most recent firm Akin, Gump, Strauss, Hauer & Feld, LLP
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