Howard W. Schub is a litigator with more than twenty-five years of experience in a range of major commercial litigation matters, handling some of the most complex and significant cases for a broad group of corporate and individual clients in federal and state courts throughout the United States. His varied litigation practice encompasses virtually all types of business disputes spanning numerous industries and covers a broad spectrum of issues, including breach of contract, business torts, valuation disputes, partnership and corporate shareholder disputes, real estate, banking, securities and common law fraud, and breach of fiduciary duty. Howard is also responsible for evaluating and monitoring the firm’s portfolio of contingency and alternative fee matters and interaction with litigation funders.
In addition, Howard is an approved mediator for the Bankruptcy Court for the Southern District of New York, and a certified arbitrator and mediator for New York’s Attorney-Client Fee Dispute Resolution Program.
- Chapter 7 Trustee of CEVA Investments in a lawsuit against the former directors of the company for fraud and breach of fiduciary duty in connection with the transfer of CEVA’s equity to an affiliate of Apollo.
- Adelphia Recovery Trust in a series of lawsuits, including a multi-billion dollar lawsuit against several hundred financial institutions, including the largest banks in the United States, for, among other things, intentional and constructive fraudulent conveyances, fraud, equitable subordination, equitable disallowance, and aiding and abetting fraud and breach of fiduciary duty.
- Successful prosecution of more than $300 million in fraudulent conveyance claims against several national banks and insurance companies arising out of the collapse of the FoxMeyer Corporation, one of the nation's largest drugstore distribution companies.
- Successful recovery of nearly $100 million from indenture trustees on behalf of secured debt holders in Continental Airlines arising out of the trustees' breaches of fiduciary duty in failing to protect the creditors' interests in the collateral securing their debt. This case involved two trips to the New York Court of Appeals to clarify state law regarding champerty and the transfer of claims, as well as a three-week jury trial.
- Successful recovery of a tail fee on a motion for summary judgment on behalf of an investment banking firm.
- Investment fund pursuing fraud claims against a major investment bank arising out of a failed insurance scheme.
- Liquidation Trustee of Hechinger, a chain of home improvement stores, in a lawsuit against the former directors and officers of the company for breach of their fiduciary duties in approving a failed leveraged buyout transaction.
- Representation of Cambridge Security Seals in trade secret litigation. Successfully obtained full dismissal of claims for false advertising and false designation of origin under the Lanham Act and state law claims for unfair and deceptive business practices, intentional interference with business relations, and conspiracy to misappropriate trade secrets. Successfully convinced the jury that plaintiff’s purported damages were overstated and persuaded the Second Circuit Court of Appeals that plaintiff was pursuing damages that have never been recognized under New York law.
- Former management and primary shareholders of Extended Stay Hotels in complex litigation arising from prepetition transactions.
- Official Equity Committee in the Hercules Offshore Recovery bankruptcy.