Steven J. Fink

Partner
Commercial Litigation

Steve Fink, a partner in the New York office, practices in the areas of commercial and securities litigation. Mr. Fink has been heavily involved in litigation concerning the termination and valuation of derivatives transactions, including credit default swaps, interest rate swaps and reserve fund agreements, among others, as well as waterfall disputes in connection with structured finance transactions. The following are some of his notable engagements.

Steven Fink
  • RMBS Litigation. Mr. Fink represents investment banks and originators in several high profile mortgage-backed securities litigations and mortgage "putback" cases.
  • KBC Bank N.V. Mr. Fink represents KBC Bank and its affiliates in a variety of disputes. He recently defeated an effort by Aramid Entertainment Fund to enjoin KBC's sale of a portfolio of hedge fund assets with a net asset value of US$343 million.
  • European "Bad Bank." Mr. Fink represents an entity holding European "bad bank" assets with hundreds of millions of dollars in potential exposure to Lehman in connection with the unwinding of several structured finance vehicles.
  • Ballyrock CDO. Mr. Fink represents Ballyrock in a dispute brought against it by Lehman Brothers Special Financing in the Lehman bankruptcy. This is one of the first cases argued concerning the effect of the termination of a credit default swap on Lehman's priority in the payment waterfall.
  • PricewaterhouseCoopers LLP. Mr. Fink represents PwC in a number of matters alleging federal securities fraud and audit malpractice against PwC in connection with the failure of the Lipper Convertibles hedge fund.
  • Bay Area Toll Authority. Mr. Fink represented BATA in a case brought against it in the SDNY by Ambac Financial Services disputing the amount paid by BATA when terminating a portfolio of fixed to variable interest rate swaps associated with BATA's municipal bond financings.
  • The Dow Chemical Company. Mr. Fink represented Dow in an adversary proceeding in the Trace International Holdings bankruptcy case in which the bankruptcy trustee alleged that payments received by Dow constitute fraudulent conveyances.  Mr. Fink obtained summary judgment for Dow on what the Bankruptcy Court described as a "novel application of judicial estoppel." The case settled on appeal on terms very favorable to Dow.
  • Bureau Veritas. Mr. Fink represented BV in two consolidated actions pending in Delaware Chancery Court arising out of its acquisition of the AQSR Group businesses.
  • Von Ardenne Coating Technology. Mr. Fink served as counsel to this manufacturer of glass coating equipment in a post-closing purchase price dispute in New York Supreme Court arising out of its purchase of a related business.
  • The Thomas and Agnes Carvel Foundation. Mr. Fink has represented this charitable foundation in several trials in the Westchester County, New York Surrogate's Court in its effort to recover assets from the estate of the late ice cream impresario Tom Carvel.
  • International Arbitration Matters. Mr. Fink has handled several international arbitration matters administered by the ICDR, ICSID and ICC.
  • Private Equity Disputes. Mr. Fink has represented a number of major public pension plans and other investors in disputes arising out of their investments in private equity funds.
Select Publications
Admitted In
  • New York
Court Admissions
United States Court of Appeals
  • Second Circuit
United States District Court
  • Eastern District of New York
  • Southern District of New York

Education
  • J.D., cum laude, University of Michigan Law School, 1994
  • B.A., high honors, University of California, Berkeley, 1991
Honors
  • Michigan Law Review, Member
Memberships
  • New York State Bar Association
  • American Bar Association

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