Mr. Borriello represents debtors, secured lenders, ad hoc lender groups, creditors, creditors’ committees, and trustees in Chapter 7 and 11 cases, as well as a wide range of insolvency-related litigation matters throughout the country, including bankruptcy courts, federal district courts, and state courts. Prior to joining Togut, Segal & Segal LLP, Mr. Borriello was a member of Pryor Cashman LLP’s Bankruptcy, Reorganization & Creditors’ Rights Group.
Leveraging his experience as a Certified Public Accountant and Certified Fraud Examiner, Mr. Borriello also counsels clients on complex asset valuations, due diligence, and tax issues. Additionally, in instances where litigation is not an optimal or viable solution, Mr. Borriello is an experienced and skillful advocate, advancing their interests at settlement negotiations and arbitration proceedings.
•In re LATAM Airlines Group SA. Co-counsel to the debtors, Latin America’s leading airline group, in its chapter 11 bankruptcy cases filed in May 2020.
•In re Lakeland Tours LLC d/b/a Worldstrides. Counsel to the Ad Hoc Group of Seller Notes of Lakeland Tours, the U.S.’s largest accredited travel program.
•In re McClatchy Company. Co-counsel to the Debtors, a 163-year-old family-controlled public company that provides independent local journalism to 30 communities in 14 states through its local newspapers, including well-respected publications such as the Miami Herald, The Kansas City Star, The Sacramento Bee, The Charlotte Observer, The (Raleigh) News & Observer, and The (Fort Worth) Star-Telegram, as well as national news coverage through its Washington, D.C. bureau, in restructuring approximately $1.6 billion in debt.
•In re Miami Metals I, Inc. Counsel to Fundación Rafael Dondé, I.A.P. in the chapter 11 case and related litigation regarding the disputed ownership of refined metals.
•In re Aurora Commercial Corp. Counsel to the Debtors, two indirect wholly owned subsidiaries of Lehman Brothers Holdings Inc., in connection with their chapter 11 cases and wind-down.
•In re Crescent Resources, LLC. Counsel to post-confirmation trustee in prosecution of a number of substantial claims arising out of the bankruptcies of Crescent Resources, LLC, Crescent Holdings, LLC and nearly two hundred of their subsidiaries. Those claims included a billion dollar fraudulent transfer action arising out of leveraged buyout of large real estate holding company and were directed at the parent corporation, and those of the debtors’ officers, directors and lawyers believed to be responsible for those debtors’ collapse in connection with the transaction.*
•In re Syntax–Brillian Corporation. Counsel to the post-confirmation liquidating trustee in the pursuit of claims against financial institutions and professionals related to the bankruptcy of a publicly traded manufacturer of high definition televisions.*
•In re Howrey LLP. Counsel to the trustee of Howrey LLP, one of the largest law firm bankruptcies in U.S. history, handling the wind down of operations and offices throughout the U.S. and Europe, collecting millions of dollars in accounts receivables, and disposing of other assets of the law firm.*
•In re Dewey & Leboeuf LLP. Special counsel to the liquidation trustee of Dewey & Leboeuf LLP liquidating trust, one of largest law firm bankruptcies in U.S. history, handling fraudulent transfer and preference claims against former officers and partners for excess distributions and distributions made at the expense of creditors while Dewey was insolvent.*
•In re City Tours, Inc. Counsel to institutional lender in connection with a secured loan to debtor related to operations of transportation company. Subsequent representation of lender in the sale of collateral to third party during the pendency of the chapter 11 case, and prosecution of claim against C.E.O. for enforcement of personal guaranty.*
•In re JM Oilfield Services, Inc. Representation of institutional lender in connection with a secured loan to debtor related to financing operations of oil servicing company. Subsequent representation of lender in the sale of the collateral to third party during the pendency of the chapter 7 case, and prosecution of claim against C.E.O. for enforcement of personal guaranty.*
•Representation of institutional lender in connection with secured loan to debtor in relation to multi-million dollar residential condominium construction project, including negotiations with debtor to refinance and/or dispose of the property. Prosecution of state court commercial foreclosure action to foreclose on the property. Subsequent representation of institutional lender in sale of loan to third party private equity investor during pendency of foreclosure action, including preparation of a purchase and sale agreement, and associated UCC and state court documents. Representation of private equity investor, in subsequent chapter 11 case.*
•Representation of $2 billion public pension fund evaluating various investments and fiduciary performance.*
•Representations of unsecured creditors with respect to Rule 2004 subpoenas and adversary proceedings related to preference and fraudulent transfer claims for the recovery of tens of millions of dollars.*
Awards / Recognition
- Super Lawyers “Rising Star” in business litigation and bankruptcy (2016-2020).
- New York State Bar Association, Member
- Turnaround Management Association, Member
Jared C. Borriello
- New York
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- University of Michigan Law School
- J.D. – 2011
- University of Michigan
- MAcc – 2005
- University of Michigan
- B.B.A. – 2004
- Pryor Cashman LLP, Associate, 2016 to 2019
- Diamond McCarthy LLP, Associate, 2011 to 2016
- U.S. Department of the Treasury – Office of Financial Stability, Law Intern, 2010
- U.S. Attorney’s Office – Eastern District of New York, Law Intern, 2009
- PricewaterhouseCoopers LLP, Banking & Capital Markets Associate, 2005 to 2008