Andrew Gallo is both an accomplished trial lawyer and bankruptcy attorney. Andrew counsels secured and unsecured creditors, equity holders, and investors in complex Chapter 11 cases and out of court restructurings. He also litigates creditors’ rights cases in state and federal (including bankruptcy) courts, with specific experience in fraudulent transfer and lender liability cases. Andrew has also had multiple engagements representing creditors and other parties-in-interest in distressed situations relating to the oil & gas industry. He serves as deputy leader of the firm’s bankruptcy and restructuring practice and as co-leader of the firm’s energy industry team.
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 practice at another international law firm, where he helped run the training programs for litigation associates.
REPRESENTATIVE BANKRUPTCY & RESTRUCTURING MATTERS
Represents Samson Energy Company, LLC and affiliated entities in defense of a multi-billion dollar fraudulent transfer case brought by the litigation trustee in the Samson Resources bankruptcy case.
Serves as lead counsel to the Unsecured Creditors Committee in the White Star Petroleum bankruptcy matter pending in the Western District of Oklahoma.
Serves as counsel for a group of unsecured noteholders in the bankruptcy case of Ultra Petroleum in the litigation of over $320 million in claims related to payment of make-whole premiums and post-petition default rate interest.
Represented Sun Capital as equity sponsor in the ShopKo bankruptcy in connection with allegations of fraudulent transfer relating to payment of dividends and management fees prior to the bankruptcy.
Serves as lead litigation counsel for hhGregg in numerous disputes arising out of relations with vendors and suppliers in its Chapter 11 proceedings pending in Indiana.
Represented 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.
Represented a group of 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.
Represented a group of secured noteholders in the successful out of court restructuring of Sidewinder Drilling, Inc., a US-based land drilling contractor.
Served as counsel for a group of senior-secured first lien and DIP lenders in the bankruptcy case of ATP Oil & Gas Corporation, including in connection with their successful credit bid in the case.
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 on an issue of first impression regarding the turnover of US assets to a foreign representative.
Represented the Official Committee of Unsecured Creditors in BearingPoint and Land America, and the Liquidating Trustees in the BearingPoint and Immunicon bankruptcy cases pending in New York and Delaware, respectively.
Represented a group of Japanese secured lenders in connection with cross-border insolvency proceedings of Spansion Japan Limited, a semiconductor manufacturer located in Japan.
Served as lead litigation counsel for a loan purchase counterparty in a week-long trial in Delaware Bankruptcy Court relating to the sale of American Home Mortgage Company’s servicing business.
Served as lead litigation counsel for a secured creditor in the SemCrude bankruptcy cases with respect to obtaining a temporary restraining order relating to issues concerning control of a Delaware LLC.
Represents 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).
Represents bidders in asset sales pursuant to section 363 of the Bankruptcy Code including bidders in the bankruptcy cases of Hovensa, LLC., Egenix, Inc., Advanced Patient Advocacy, Extreme Plastics Plus, Metcom, Inc., Nutritional Sourcing Corporation, Proton Energy Systems and Protected Vehicles Inc.
REPRESENTATIVE LITIGATION MATTERS OUTSIDE OF BANKRUPTCY COURT
Successfully defended lender World Business Capital in its defense of a lender liability case through trial in the Southern District of New York involving claims seeking in excess of $30 million in lost profits damages.
Represented publisher of research reports about health technologies in defense against commercial disparagement claims brought in the United States District Court for the District of Massachusetts.
Defended 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.
Successfully defended a medical imaging company against breach of contract and unfair business practice claims in a trial in federal district court.
University of Pennsylvania Law School, 1998, J.D., summa cum laude
Dartmouth College, 1995, B.A., cum laude
US Court of Appeals for the First Circuit
US District Court for the District of Massachusetts
Clerkship to Judge Sidney H. Stein of the US District Court for the Southern District of New York (1998 - 1999)
Awards and Affiliations
Recognized, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Boston, The Best Lawyers in America (2017–2020)
Rising Star, IFLR1000 United States (2018–2020)
Rising Star, IFLR1000 Financial and Corporate (2014, 2017–2020)
Ranked, Bankruptcy/Restructuring, Chambers USA (2014, 2015)
Recommended, Corporate restructuring (bankruptcy), The Legal 500 US (2015)
Recognized, Who’s Who Legal (2016)
Recognized, Massachusetts Rising Stars, Super Lawyers (2007–2013)
Outstanding Young Restructuring Lawyer, Turnarounds & Workouts (2010)