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12/01/2022

Prominent Commercial Litigation Pair Joins Boies Schiller Flexner

Husband-and-Wife Team Adds Depth to Bankruptcy and Financial Services Capabilities

Boies Schiller Flexner LLP today announced that Jenny H. Kim and Michael M. Fay have joined the firm’s New York office as partners. With deep experience in litigation involving financial products, bankruptcy, and securities cases, Jenny and Michael will bolster BSF’s capabilities at a time when those areas are in high demand.

“We are at a point in our careers where it makes sense to return to a larger platform for our client base, and a brand like Boies Schiller’s is incredibly valuable to further developing a high-stakes litigation practice like ours,” Jenny said. “The mindset at Boies Schiller is very similar to how we have practiced, taking both plaintiff and defense work and having a robust mix of contingency and defense-side cases for core clients. I am also thrilled about the opportunity to work with the very impressive partners that I have had the pleasure to meet, and at a firm that promotes and supports women in leadership positions on both the trial team and management level.”

Jenny and Michael have handled significant commercial litigation with a wide range of practice diversity, including matters involving the oil and gas and shipping industries, corporate governance issues, intellectual property claims, banking/finance disputes, bankruptcy work, and class actions. Their clients have included Fortune 500 companies, investment firms, hedge funds, and other financial institutions and corporations in state and federal courts throughout the country, as well as in arbitration.

“Fundamentally, we are both generalist litigators with significant trial and appellate experience,” Michael said. “Our practice is very similar to the model at BSF, and we look forward to working with the attorneys there on both our existing and future cases. One area of growth we anticipate, due to higher interest rates and a sluggish economy, is bankruptcy litigation. I have worked on some of the largest bankruptcies, including Enron, WorldCom, and LyondellBasell; and I am excited about the prospect of creating value for clients in that area at BSF.”

Jenny and Michael have extensive experience with litigation involving various structured finance products, including CDOs, CLOs, credit default swaps, leveraged agency investments and derivative instruments. They were both involved in significant RMBS litigation following the financial collapse of the subprime mortgage industry. Their current matters also include international shipping disputes, intellectual property rights, and a $400 million case involving oil and gas rights that will go to trial next year.

“At the partner level, we continue to prioritize lateral additions who are first-rate trial lawyers, are a good fit culturally, and who make sense in terms of the integration of their practices,” said Managing Partner Matthew L. Schwartz. “Jenny and Michael are fantastic additions who check every box in terms of what we look for, and I’m looking forward to working with them.”

Jenny most recently ran the New York office of a small litigation boutique known for high-stakes litigation matters where she and Michael worked for many years. Previously, they worked at a New York-based litigation firm with more than 250 attorneys.

“In addition to having diverse commercial practices, Jenny and Mike’s background will be particularly helpful as we look to develop more work in the distressed investment space,” New York Administrative Partner Eric J. Brenner said. “Their combined experience will make it easier for them to hit the ground running on high-value, hotly contested cases.”

Boies Schiller lawyers have acted on almost all of the major bank collapses and sovereign debt crises of recent years, as well as numerous significant corporate insolvencies and restructurings around the world. Whether in or out of court, we regularly represent creditors, ad-hoc groups, and others in distress or special situations where litigation drives the ultimate recovery.

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