Dennis B. Auerbach

Dennis Auerbach is of counsel to the firm, focusing on financial, bankruptcy and white collar litigation, often with a fraud or breach of fiduciary duty dimension.  Much of Mr. Auerbach’s litigation practice concerns claims arising out of bankruptcy proceedings, including allegations that officers and directors breached their fiduciary duties or engaged in other wrongdoing in the period leading up to bankruptcy; fraudulent transfer claims; and valuation disputes.  His practice also includes defending clients in related litigation, including government enforcement actions and D&O insurance matters.  Mr. Auerbach additionally represents clients in financial, securities and corporate governance controversies outside the bankruptcy context.

Representative Matters

• Representation of former CEO of IndyMac Bancorp in litigation arising out of IndyMac’s bankruptcy filing, including defense of claims asserted by IndyMac’s bankruptcy trustee, the FDIC and the SEC, and related D&O insurance litigation.  See, e.g., SEC v. Perry, 2012 U.S. Dist. LEXIS 76018 (C.D. Cal. May 31, 2012); SEC v. Perry, 2012 U.S. Dist. LEXIS 136596 (C.D. Cal. Sept. 24, 2012).
• Representation of directors and investor in breach of fiduciary duty, preference and fraudulent conveyance litigation arising out of an internet provider bankruptcy.
• Representation of a non-profit trustee in breach of fiduciary duty litigation arising out of one of the country’s largest non-profit healthcare bankruptcies.
• Representation of victims of Madoff and other Ponzi schemes.
• Representation of a former foreign official on US financial fraud and money laundering charges.
• Representation of Union Pacific in cutting edge cross-border bankruptcy litigation involving conflicts of interest between Railpower Hybrid Technologies and its Canadian parent.  See RHTC Liquidating Co. v. Union Pacific Railroad Co., 424 B.R. 714 (Bankr. W.D. Pa. 2010).
• Representation of Union Pacific in General Motors and Chrysler bankruptcies.

Honors and Rankings

• Chambers USA - America's Leading Business Lawyers
• Best Lawyers in America

Pro Bono

• Secured a $4.5 million jury verdict on behalf of a class of 347 Filipino teachers who were brought to the United States under the nation’s guest worker program, and who were victims of a scheme perpetrated by a Los Angeles employment agency to extract excessive and illegal fees.  See, e.g., Tanedo v. East Baton Rouge Parish Sch. Bd., 2012 U.S. Dist. LEXIS 175009 (C.D. Cal. Oct. 4, 2012); Tanedo v. East Baton Rouge Parish Sch. Bd., 2011 U.S. Dist. LEXIS 152329 (C.D. Cal. Dec. 12, 2011).
• Representation of clients in asylum proceedings before US immigration courts and the Board of Immigration Appeals.