Andrew J. Gallo

Previously, Andrew was a law clerk for Judge Sidney H. Stein, United States District Court for the Southern District of New York. Before joining Morgan Lewis, Andrew was a partner in the financial restructuring and litigation practice at another international law firm, where he helped run the training programs for litigation associates.

Andrew also led the firm’s pro bono representation of Walter Ogrod in post-conviction proceedings to overturn his wrongful conviction for the murder of a child in Philadelphia in 1988. Andrew worked on Mr. Ogrod’s case for over a decade, pressing claims that the confession obtained from Mr. Ogrod by police officers was false. Those effort led, in June 2020, to Mr. Ogrod’s conviction being overturned and to his release after serving nearly 30-years in prison, over 20 of which were on Pennsylvania’s death row.

Note: This list includes engagements completed prior to joining Morgan Lewis.

REPRESENTATIVE BANKRUPTCY & RESTRUCTURING MATTERS

• Represents Samson Energy Company LLC and Stacy Schusterman in the successful defense at trial of a $7.2-billion-dollar fraudulent transfer case brought by the litigation trustee of Samson Resources. Judgment received in favor of our clients on all claims.
• Represented holders of unsecured private placement notes in the bankruptcy case of Ultra Petroleum in successfully prosecuting over $320 million in claims related to payment of make-whole premiums and post-petition default rate interest, including two appeals before the Fifth Circuit.
• Lead counsel to Official Committees of Unsecured Creditors in the following bankruptcy cases: Corporate Group Banking (Delaware); Covia Corporation (Texas); White Star Petroleum (Oklahoma); BearingPoint (New York), Land America (Delaware).
• Represented court appointed receiver in South Carolina asbestos litigation in the bankruptcy case of Whittaker, Clark & Daniels, an entity with legacy asbestos liability that filed for bankruptcy in New Jersey.
• GSO Capital and other secured lenders in the Video Equipment Rentals bankruptcy, successfully negotiating pre-packaged bankruptcy that involved a sale of the company.
• Hawaiian Telcom as purchaser of substantially all of the assets of Paniolo Cable Company, a company that owned fiberoptic cable that connects the Hawaiian Islands, including with respect to follow-up litigation with previous owner regarding rights to a license granting property rights on the Hawaiian Homelands.
• Nippon Gas as lender in the bankruptcy case of Entrust Energy, including in connection with defense of potential claims seeking to recharacterize Nippon’s debt claims as equity.
• Fanatics, Inc. as secured creditor in the case of The Comet Clothing Company, Inc., including serving as lead trial counsel in successfully opposing proposed plan of reorganization on feasibility grounds, resulting in favorable settlement of claims.
• Stewart Lender Services in successfully defending at trial against claims of fraudulent transfer, breach of contract and fraud brought by debtor Allonhill LLC in an adversary proceeding in Delaware bankruptcy court.
• Sun Capital as equity sponsor in the bankruptcy of retailer ShopKo in connection with allegations of fraudulent transfer relating to payment of dividends and management fees.
• MSD Capital as senior-secured first lien and DIP lender in the bankruptcy case of ATP Oil & Gas Corporation, including in connection with a successful credit bid in the case.
• Bennu Oil & Gas in connection with multiple pieces of litigation arising out of the ATP Bankruptcy. Served as lead trial counsel to Bennu in obtaining a $30 million judgment after trial in the Bankruptcy Court for the Southern District of Texas on a warranty claim against Bluewater Industries relating to the malfunction of an electrical umbilical for a subsea tieback. Also served as lead litigation counsel for Bennu in multiple proceedings involving the enforcement of statutory liens and recharacterization/enforcement of ORRI/NPI interests.
• Executives and shareholders in the successful out-of-court restructuring of US Shale Solutions, Inc., a Houston-based oilfield services company that provides construction and support services to the oil and gas industry.
• Secured Noteholders in the successful out of court restructuring of Sidewinder Drilling, Inc., a US-based land drilling contractor.
• Lead counsel for Joint Trustees in a Hong Kong bankruptcy matter in connection with a Chapter 15 filing in the Bankruptcy Court for the District of Massachusetts. In this case the Trustees obtained a favorable ruling after an evidentiary hearing on an issue of first impression regarding the turnover of US assets to a foreign representative.
• Deutsche Bank as loan purchase counterparty in a week-long trial in Delaware Bankruptcy Court relating to the sale of American Home Mortgage Company’s servicing business.
• Various bidders in asset sales pursuant to section 363 of the Bankruptcy Code including bidders in the bankruptcy cases of ABARTA Oil & Gas, Hovensa, LLC., Egenix, Inc., Advanced Patient Advocacy, Extreme Plastics Plus, Metcom, Inc., Nutritional Sourcing Corporation, Proton Energy Systems, Protected Vehicles Inc., and Short Bark Industries.
• Various debtor-in-possession and exit financing lenders in bankruptcy cases throughout the country including Bombay Furniture (Texas), Mattress Discounters (Maryland), Havens Steel (Missouri), Holley Performance Products (Delaware), Republic Steel (Ohio), WorldSpace (Delaware), Eateries Holdings (Oklahoma), Pizzeria Uno (New York).

REPRESENTATIVE LITIGATION MATTERS OUTSIDE OF BANKRUPTCY

• L. Knife & Son, Inc. and its controlling shareholder Gerald Sheehan in litigation regarding allegations of breach of fiduciary duty and pursuit of derivative claims by other shareholders.
• Served as lead trial counsel to party in arbitration regarding claims for commissions due under evergreen sales commission agreement.
• Served as lead trial counsel to buyer in arbitration regarding interpretation of purchase price adjustment provisions in asset purchase agreement.
• World Business Capital in its successful defense against lender liability case through trial in the Southern District of New York involving claims seeking in excess of $30 million in lost profits damages.
• Boston law firm in a month-long jury trial in Suffolk Superior Court against legal malpractice claims seeking in excess of $40 million in damages.
• National banking institution in Massachusetts state court in multi-million dollar lawsuit asserting securities law violations relating to the sup-prime mortgage crisis. In the case, Andrew briefed and argued the motion pursuant to which the client obtained an order approving the use of predictive coding in connection with its document production.
• Successfully defended a client in a two-week arbitration in which more than $200 million in damages were sought for alleged breaches of buyout provisions in a limited partnership agreement.
• Obtained a $275 million settlement after commencement of arbitration in a case involving a dispute over the interpretation of a tolling agreement relating to an electric power plant.